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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.



Can one apply for a residence permit in Germany with a residence permit from another Schengen state?
Those who already hold a residence permit from another Schengen state often assume that moving to Germany is relatively straightforward. In fact,Section 39 No. 6 of the German Residence Ordinance (AufenthV) contains an important exception to the generally required visa procedure: Under certain conditions, a German residence permit can be applied for directly at the immigration office in Germany. However, the regulation is less far-reaching than its wording initially suggests.
Mirko Vorreuter
2 days ago6 min read


Does Section 24 of the Residence Act also apply to Ukrainians with multiple nationalities?
Since the beginning of the war against Ukraine, Section 24 of the German Residence Act (AufenthG) has granted millions of displaced persons uncomplicated residence permits – without the usual hurdles such as a visa application or proof of sufficient means of subsistence. However, for some of those affected, this relief is now anything but certain: those who hold a second nationality in addition to Ukrainian citizenship are increasingly facing rejections from immigration autho

Mirko Vorreuter, LL.B.
Sep 295 min read


Identity verification during naturalization: Is it necessary to obtain a passport that will not be recognized anyway?
Many Somali nationals face a dilemma when applying for naturalization that seems absurd at first glance: The authorities require the procurement of a Passport to clarify identity – but also explains that precisely this A passport is deemed unsuitable for identity verification. Those caught in this predicament often lose months or years without any progress being made in the actual application process. The Administrative Court of Mannheim has recently clarified that this p

VISAGUARD Sekretariat
Sep 275 min read


Federal Labor Court ruling: Blanket exemption clause invalid
In today's modern workplace, increasingly characterized by mobility and global competition for talent, the process following a resignation often seems routine: the desk is cleared, access to the server is blocked, and the employee is sent home with continued pay until the end of the notice period. However, behind this apparent standard procedure lies a profound legal conflict, one that has enormous implications, particularly for highly qualified workers from abroad. When a sk

Isabelle Manoli
Sep 243 min read


Bribery at the Lüchow-Dannenberg immigration office - verdict reached
A legally binding ruling from Lower Saxony is currently causing a stir far beyond the district borders . The Federal Court of Justice has upheld the appeal of a former employee of the The immigration office of the Lüchow-Dannenberg district rejected the appeal. This means it is now definitively clear: The man must serve the six-and-a-half-year prison sentence imposed by the Lüneburg Regional Court. The court convicted him of bribery in 16 cases and accepting undue advanta

VISAGUARD Sekretariat
Sep 53 min read


An employee of the Karlsruhe Immigration Office (ABH Karlsruhe) may not be appointed as a civil servant due to her close ties to the Muslim Brotherhood.
A clerk at the Karlsruhe immigration office wanted to take the next logical step after years in public service and become a civil servant. However, the Karlsruhe Administrative Court has now blocked this move – because the Baden-Württemberg Office for the Protection of the Constitution had determined that she had ideological ties to the Muslim Brotherhood . The ruling (case number 12 K 8295/25) exemplifies how rigorously German authorities scrutinize the constitutional loyalt
Gastautor
Aug 304 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
Aug 273 min read


Administrative law at a snail's pace: Leipzig Administrative Court slows down in inaction lawsuits
A month's salary slips away, a career opportunity disappears, or the long-awaited passport remains a distant prospect because the file gathers dust on a government desk. When the immigration office or naturalization authority fails to respond for months, many affected individuals resort to the most powerful weapon of administrative law: the action for failure to act pursuant to Section 75 of the German Administrative Court Procedure Act (VwGO). However, those who believe that
Mirko Vorreuter
Aug 253 min read


Funny ruling: Marriage through an embassy window is valid
A woman stands in front of an embassy in Berlin, refusing to enter the building for fear of repercussions regarding her residency status. Her fiancé is waiting inside. The solution they agree on with the consular official: an open window and a video call. What initially sounds like a curiosity has now been given considerable practical significance by the Higher Regional Court (OLG) of Bamberg . For couples who marry abroad and later have to have their marriage recognized in G

Isabelle Manoli
Aug 234 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


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
Aug 124 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
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