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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.



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.
4 days ago4 min read


The Higher Administrative Court of Kassel asks the European Court of Justice: Protection for Ukrainians even after years of prior residence in a third country?
The dynamics of the international labor market and global refugee movements repeatedly lead to highly complex overlaps in German migration law. A recent ruling by the Higher Administrative Court of Hesse (VGH Kassel) on June 24, 2026 (Case No. 3 A 2624/25) is currently causing considerable concern among affected asylum seekers, highly qualified professionals , and the HR departments of German companies. The VGH has referred fundamental questions to the European Court of Justi

Isabelle Manoli
5 days ago4 min read


Exotic residence rights: “Return cases” of Germans with permanent freedom of movement rights and their families (“Surinder Singh route”)
Many mysteries surround the so-called "return cases" or the so-called "Surinder Singh route," some of which will be clarified in this blog post. These return cases involve the following scenario: A German citizen lives in another EU member state, utilizing the EU's freedom of movement , marries a third-country national there, and subsequently returns to Germany. Under certain conditions, the third-country national spouse then acquires a right of residence in Germany derived f

Mirko Vorreuter, LL.B.
Aug 63 min read


Ukraine ruling: Section 24 Residence permit despite protection in another member state
A hoped-for career advancement or family reunification in Germany often threatens to be abruptly thwarted by the bureaucratic resistance of the immigration authorities . When skilled workers from Ukraine , after a short stay in another EU country such as Poland, the Czech Republic, or Romania, migrate to Germany, the local authorities frequently react with abrupt rejection notices and immediate deportation orders. Citing newer EU regulations, they argue that a protection stat

Mirko Vorreuter, LL.B.
Aug 24 min read


Constitutional Court declares Afghanistan admission freeze unconstitutional
For months, an Afghan mother and her two minor sons had been waiting in Pakistan for their They waited in vain for a visa to Germany because the Federal Ministry of the Interior (BMI) had declared all admission commitments from the so-called human rights list invalid with the stroke of a pen. With its decision of July 22, 2026 (Case No. 2 BvR 319/26), the Second Senate of the Federal Constitutional Court (BVerfG) has now clearly rejected this practice: A blanket admission f

Isabelle Manoli
Jul 315 min read


Ruling: Costs of securing living expenses for students do not include tuition fees
Studying in Germany is the perfect entry point for international talents, young professionals, and academics from countries like the USA, Great Britain, or Canada into a promising career in the heart of Europe . However , the path to a residence permit for study purposes under Section 16b of the German Residence Act (AufenthG) is fraught with bureaucratic hurdles in practice. The question of how much wealth is required for the so-called "residence permit" is particularly prob

Isabelle Manoli
Jul 264 min read


For foreigners: What are the consequences of a criminal conviction?
The German legal system is considered thorough, and highly qualified professionals and academics who find themselves in criminal proceedings often invest everything in an excellent defense. They fight for acquittals, dismissals, or at least sentences that won't ruin their careers. But while the final word is spoken in the courtroom and many of those affected breathe a sigh of relief, a far more existential threat is already forming in the background. In the current politi

Mirko Vorreuter, LL.B.
Jul 234 min read


Ruling: Can a travel document for foreigners be obtained through expedited legal proceedings?
If you are a highly qualified professional or young professional living in Germany, your professional mobility is often your most valuable asset . An expired passport can quickly become a threat to your livelihood. Those attempting to obtain a new document through their embassy often encounter significant administrative hurdles or political blockades in some countries of origin – particularly in parts of Africa or Asia. In practice, immigration authorities often react in a st

Isabelle Manoli
Jul 134 min read


And so it goes again: Another law professor files a lawsuit against Schengen border controls
The idea that one can move freely within the Schengen Area without systematic checks is one of Europe's greatest advantages for many international professionals and employers . However, anyone crossing the German border these days often experiences a rude awakening. Despite clear European legal requirements and numerous lost court cases, the Federal Ministry of the Interior under Alexander Dobrindt (CSU) is vehemently clinging to comprehensive internal border controls. On Jul
Gastautor
Jul 14 min read


Expert criticism: Termination conditions in study residence permits (§ 16b) are unlawful in most cases
Those who come to Germany as highly qualified academics , expats, or ambitious students usually bring not only outstanding qualifications but also a desire for job security . For employers, human resources departments, and international talent from countries like the USA , Great Britain , and Canada, a smooth corporate immigration and global mobility process is key to success. However, the reality in German immigration offices often presents bureaucratic pitfalls that are dif

Mirko Vorreuter, LL.B.
Jun 284 min read


Embarrassing: Government loses AGAIN in court over border rejections
Those who venture to Germany as highly qualified professionals , international students, or expats rely on the proverbial German legal certainty. They expect bureaucratic hurdles, but they trust that existing laws are binding for both immigrants and state authorities . However, this very trust is shaken when the federal government repeatedly oversteps the bounds of what is legally permissible in its migration policy and is rebuffed by its own courts. In a recent ruling, the B

Mirko Vorreuter, LL.B.
Jun 214 min read


Hamas support: When can naturalization be revoked retroactively?
For many highly qualified professionals , expats, and international students, obtaining German citizenship is considered the final milestone of successful integration. It promises lasting legal security, unrestricted freedom of travel, and definitive equality in both private and professional life. Human resources departments (HR teams) also value this step for their international talent, as it secures long-term employee retention within the framework of global mobility. Howev
Gastautor
Jun 164 min read


Urgent cases: Is a visa possible for foreign fathers to attend the birth of their child in Germany?
The news of impending fatherhood usually triggers a wave of euphoria, but for binational couples, it is often followed by a sobering bureaucratic reality check. The clock ticks relentlessly towards the due date, while the expectant father is still stuck abroad and the German embassy measures processing times in months rather than weeks. It is a highly emotional situation: a heavily pregnant woman in Germany longing for her partner's support, and a father who doesn't want

Mirko Vorreuter, LL.B.
Jun 144 min read


Can a temporary suspension of deportation be issued under Articles 20/21 TFEU?
As an international family who, after years abroad, has decided to relocate to Germany, one looks forward to a new chapter with great anticipation. However, the bureaucratic reality of German immigration authorities often resembles a nightmare that shakes the very foundations of one's existence. This is particularly painful for families of German citizens who previously lived in other EU countries and are now returning to Germany together ( return cases under Articles 20/21 T

Mirko Vorreuter, LL.B.
Jun 114 min read


Ruling: Opportunity Card and 18-month Graduate Visa can be combined
The global competition for top talent has intensified dramatically. For multinational corporations, HR departments, and highly qualified academic professionals from abroad, Germany is a highly attractive location, but the bureaucratic hurdles of residency law often prove to be a bottleneck in practice . A critical moment in the career journey of international students and young professionals is the transition from university to the German job market. Until now, it was general

Isabelle Manoli
Jun 105 min read


Ruling: Deportation by an incompetent immigration authority is unlawful
The world of global mobility often resembles a highly complex game of chess, where every move must be carefully considered. For highly qualified professionals and companies that move talent across borders, legal certainty regarding residency status is paramount. But what happens when the administration itself disregards the rules of the game? A recent ruling by the Higher Administrative Court of Lower Saxony (OVG) on April 1, 2026 ( Case No. 13 ME 47/26 ) is currently causing

Mirko Vorreuter, LL.B.
Jun 24 min read


A damning indictment: The Frankfurt (Oder) Administrative Court makes no effort in handling inaction lawsuits in naturalization cases.
Those who pursue naturalization in Germany typically possess not only high qualifications and years of integration efforts, but also a deep trust in the functioning of our administration. They have paid taxes, perfected their language skills, and long since become an indispensable part of society. However, when considering the processing times at the responsible authorities, for example in the Barnim district or the city of Frankfurt (Oder) , this trust often gives way to

Mirko Vorreuter, LL.B.
Jun 14 min read


LAG Thuringia: Vacation must be granted for at least two weeks in a row.
The suitcases are packed, the flights home or to that long-awaited dream destination are booked. For international professionals , expats, and diplomats, whose families often live thousands of kilometers away, annual leave is far more than just a short break from the office. It's a rare opportunity to reconnect with home, spend quality time with loved ones, and recharge for the demanding workday back in Germany. However, in many personnel departments and HR teams, concerns ab

VISAGUARD Sekretariat
May 284 min read


ECJ: New rules on working time during business trips
The journey to the gate in Frankfurt, the long-haul flight to Shanghai, or the train ride to headquarters in Paris – for many highly qualified professionals and internationally operating companies, these hours previously existed in a legal gray area. The common, albeit flippant, argument was that one could sleep on the plane or relax on the train, and therefore this time shouldn't be considered full working time . However, the legal framework for global mobility received a ne
Gastautor
May 264 min read


Visa by mail: A pioneering approach to flexibility in the visa process
German bureaucracy is considered precise worldwide, but often also rigid. For highly qualified professionals , international academics, and globally operating companies, the path to [a specific career path] can be challenging. Visa applications are often fraught with physical hurdles: long waiting times for appointments at embassies and consulates and the requirement to submit passports in person significantly slow down the international recruiting process. However, a recen

Mirko Vorreuter, LL.B.
May 243 min read
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