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German Immigration News
Our VISAGUARD blog on immigration law in Germany: All important immigration news from the areas of law, politics, and society.



Continuity of residence: Are periods before and after Brexit added together for the purpose of determining permanent residence rights?
For many British citizens in Germany (and their families), the question of continuity of residence is the deciding factor. Those who know the rules secure their lifelong right to remain. Those who ignore them risk losing their special status under the Withdrawal Agreement. But what exactly does "continuity" mean? And how do trips or extended stays abroad affect the path to permanent residency? We shed light on the matter. What is the "continuity of stay"? Simply put: It's
Gastautor
13 hours ago2 min read


Naturalization with an Afghan or Iraqi passport: Is the passport requirement absolute?
The promise of accelerated naturalization sounds tempting to many highly qualified professionals . However, in the reality of bureaucracy, citizens of Afghanistan and Iraq often face a seemingly insurmountable obstacle: the strict requirement to present a valid national passport for identity verification. If their own embassy or consulate refuses appointments, imposes waiting times of over a year, or if documents can only be obtained in their country of origin with enormous f
Gastautor
2 days ago3 min read


European requirements for work permits for third-country nationals
EU law generally allows Member States considerable discretion regarding the access of third-country nationals to the labour market . Nevertheless, certain groups of persons must be granted access to employment under certain conditions. This applies, for example, to refugees after a minimum period of residence or after a labour market test, as provided for in Article 26 of the Qualification Directive , Article 14 of the Family Reunification Directive , or Article 15 of t

Mirko Vorreuter, LL.B.
2 days ago2 min read


Work visa: Do salary limits also apply to employees covered by collective bargaining agreements?
Germany is rapidly modernizing its immigration laws to remain an attractive business location for international talent. The German labor market offers excellent prospects for highly qualified academics, expats, and young professionals from countries like the USA , Great Britain , and Canada. However, those who take the plunge, or whose HR departments recruit international specialists , quickly encounter a complex web of minimum salary limits and bureaucratic requirements. Sin
Gastautor
7 days ago4 min read


Naturalization for self-employed individuals: How does the LEA (State Office for Foreign Education) verify financial security?
Anyone who has become self-employed in Berlin and is now applying for German citizenship often hears a sentence from their caseworker that initially sounds like a hard and fast rule: The self-employment hasn't been running for three years yet, so the application should be withdrawn. For many clients, this is a shock, as they have often worked towards this moment for years. In reality, this statement is frequently a misapplication of the State Office for Immigration's internal
Mirko Vorreuter
Aug 195 min read


Bogus self-employment of freelancers: A storm in a teacup?
When major media outlets address the topic of freelancing , they tend to use dramatic language. They speak of "fiascos," "tragedies," and "existential ruins." The message that sticks with the reader is disastrous: anyone who becomes self-employed as a freelancer supposedly enters a legal gray area that sooner or later ends in disaster. As a specialized law firm, we follow this reporting with a mixture of skepticism and astonishment. While the individual cases presented ar

Mirko Vorreuter, LL.B.
Aug 183 min read


Schengen visa application processed, but the online system shows "0 days" - what does that mean?
The suitcases are almost packed, business meetings in Frankfurt or Paris are confirmed, and the flight from New Delhi, Cape Town, or Dubai is booked. Highly qualified professionals , academics, and expats usually plan their trips to Europe down to the smallest detail. So it's all the more alarming when a glance at the visa service provider's online tracking system or the Entry/Exit System (EES) reveals confusion. Suddenly, it shows that the application has been processed and
Gastautor
Aug 154 min read


Authority fails to appear at court hearing: What are the consequences?
Those fighting for a residence permit for highly qualified professionals , a work visa , or family reunification often encounter a surprising emptiness before the administrative courts: The chair of the defendant immigration authority or the Federal Foreign Office frequently remains unoccupied during the oral hearing . What at first glance appears to be a disregard for the court is almost commonplace in administrative practice. For foreign professionals, international compani

Mirko Vorreuter, LL.B.
Aug 134 min read


Blocked account for visa: How long is it needed?
How long is the blocked account required in Germany? Foreign students applying for a visa to Germany are generally required to open a blocked account ( Sperrkonto) . This account fulfills a key function under residency law: It serves as proof that they will be able to support themselves during their planned study stay . It works incredibly simply – the account is credited with a fixed total amount, of which only a certain portion is available each month. But how long is

Isabelle Manoli
Aug 122 min read


EES and expiry of residence permits – Is data automatically transmitted to the immigration authorities?
Those leaving Germany for several months often think first about plane tickets, moving house, or a new job abroad. Hardly anyone considers another question at that moment: Will it be much easier for immigration authorities to track how long I was actually outside of Germany or the Schengen Area? With the Entry/Exit System (EES), the EU is introducing a digital border register that electronically records the entries and exits of many third-country nationals. For many Skilled

Isabelle Manoli
Aug 114 min read


How long does the naturalization process based on restitution (§ 15 StAG) take at the Federal Office of Administration?
The official naturalization process under Section 15 of the Nationality Act (StAG) is intended to pave the way for a legally secure return to Germany. However, instead of the hoped-for swift entry via German citizenship, applicants often encounter bureaucratic silence. Application documents sit at the Federal Office of Administration (BVA) in Cologne, months pass without any updates, and professional and personal plans are thrown into disarray. Those who rely on the enforceme
Mirko Vorreuter
Aug 104 min read


Is termination due to whistleblowing possible?
The German economy is suffering from a chronic shortage of skilled workers , and the federal government tirelessly emphasizes the importance of attracting and retaining international talent for Germany as a business location. However, while visa facilitation and the digitalization of public administration are debated, one concern often remains hidden for many highly qualified expats in their daily work: What happens if I report problems within the company ? In an era wh

Mirko Vorreuter, LL.B.
Aug 94 min read


New passport and residence permit: How does the transfer to the new passport work?
German bureaucracy is considered reliable worldwide, yet for many highly qualified expats, it often feels like an impenetrable labyrinth. Imagine finally holding your new Blue Card or a residence permit for specialists after months of waiting. You plan your next business trip or well-deserved vacation back home, only to discover that your national passport expires in two years, while your residence permit was actually granted for four. At this point, international passport

VISAGUARD Sekretariat
Aug 74 min read


Do you need a German work permit for freelance remote work?
The vision of the modern working world is limitless: a laptop, a stable internet connection, and the freedom to work from anywhere in the world for global clients. Faced with a dramatic shortage of skilled workers and advancing digitalization, Germany is striving to become a more attractive location for highly qualified talent. However, while the federal government's migration policy under Chancellor Merz aims to accelerate the immigration of experts, it clashes with the live

VISAGUARD Sekretariat
Aug 53 min read


Can or must a work reference be issued in English?
The global talent market never sleeps. Highly qualified academics, expats, and young professionals who take the plunge and move to Germany often find themselves in a cutting-edge, English-speaking work environment. In the major cities between Berlin and Munich, German is no longer a prerequisite in the offices of international corporations and innovative startups. Employment contracts are negotiated in English, meetings are held in English, and daily correspondence is conduct
Gastautor
Aug 34 min read


Which labor laws apply to international work?
The modern world of work is more mobile than ever before. Highly qualified professionals developing software in a Berlin loft today might find themselves leading a project in Madrid or Warsaw next year. In times of massive skills shortages and advancing digitalization, which has long since expanded " home office " into the "workation" model abroad, physical boundaries seem to be losing their significance. But while businesses crave flexibility and government migration p

VISAGUARD Sekretariat
Aug 14 min read


Spousal visa: The 4 most common practical errors in the recognition of marriage
The suitcases are packed, the lucrative employment contract with a German technology company or a renowned research institution is signed, and the visa application process for the highly qualified professional is already in full swing. In the world of global mobility and international recruiting, everything seems meticulously planned. But suddenly, the entire relocation process grinds to a halt because a seemingly minor formality at the German embassy or the local immigration
Gastautor
Jul 315 min read


Relocation and visa: The “6-month rule” – a practical problem for mobile applicants
Those who travel frequently, work internationally , or often relocate their primary residence repeatedly encounter a hurdle in the German visa application process : the so-called "six-month rule ." In practice, as lawyers, we regularly see German embassies and consulates rejecting applications on the grounds that the applicant has not yet resided in the respective country for six months and therefore does not fall under their jurisdiction . For those affected, this is not onl

Mirko Vorreuter, LL.B.
Jul 303 min read


Practical tip: Legal pitfalls when drafting exclusion clauses in employment contracts
The modern world of work, characterized by global mobility, international recruiting, and cross-border assignments, thrives on dynamism, excellence, and mutual trust. Highly qualified foreign specialists , academic high-achievers, expats, and young professionals enrich German companies and fill critical gaps in the labor market. However, lurking behind this global exchange is a bureaucratic and legal reality that poses significant financial risks, even for experienced HR depa
Gastautor
Jul 294 min read


How is the 90/180-day rule calculated?
Anyone wanting to travel to Germany and the Schengen Area without an EU passport or long-term visa will inevitably encounter it: the infamous 90/180-day rule . What sounds like a simple calculation at first glance causes even seasoned globetrotters to break out in a cold sweat in practice. The secret behind the rule is that there is no fixed start or cut-off date. It's a rolling system . Imagine a mobile 180-day timeframe that automatically moves with you every day of your st
Gastautor
Jul 283 min read
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