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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.




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
5 hours ago4 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
2 days ago4 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.
4 days ago3 min read


The fact remains: Notice of termination can only be legally valid if delivered by a messenger.
The dynamics of the global job market present significant challenges for both companies and foreign professionals . In the world of global mobility, international recruiting, and corporate immigration, the legally compliant exchange of documents is a crucial element for the success of all parties involved . Particularly when employment relationships are terminated, a single formal error or delayed delivery can have far-reaching consequences – both for the employer, who is sud

VISAGUARD Sekretariat
6 days ago5 min read


LAG Cologne: Change of contract in case of poor performance and low performers
A recent decision by the Cologne Regional Labor Court is causing controversy: At the beginning of 2025, the court declared a change of contract for conduct-related reasons to be lawful for the first time ( case number 7 Sa 558/23 ). In this specific case, a public sector employee was classified in pay group 14 of the German Public Service Agreement (TVöD ). However, the employer was dissatisfied with her performance and, by means of a change of contract, downgraded her

Mirko Vorreuter, LL.B.
May 202 min read


Ruling: Loss of German citizenship only after proportionality test
Imagine a highly qualified professional who has been rooted in Germany for decades, pays taxes, and whose children grew up here. One day, their passport needs renewing, but instead of a new document, they receive a notification: their German citizenship was revoked by law years ago. The reason? Reacquisition of their original citizenship – for example, Turkish citizenship – after naturalization . What sounds like a bureaucratic nightmare is reality for thousands. Amid

Mirko Vorreuter, LL.B.
May 154 min read


Judgment of the week: Employer pays for deportation costs in case of illegal employment
Employing foreign nationals without a valid work permit in Germany poses a serious risk for both employees and employers. Third-country nationals who do not come from the EU, EEA, or Switzerland, in particular, generally require a work permit in addition to a residence permit . Anyone who ignores these requirements risks not only fines but also criminal prosecution, including imprisonment. The consequences for employers can be even more serious: in addition to high fines,

Mirko Vorreuter, LL.B.
May 72 min read


Dismissal proceedings against BAMF employee with right-wing nationalist flag in the office
The idea that a government official, who determines a person's future in Germany, openly displays their political views through symbols in their office is a nightmare for many. Those who come to Germany as highly qualified professionals or apply for a lengthy visa process trust in the neutrality and professionalism of German authorities . However, a recent case before the Gießen Labor Court casts doubt on how seriously the rule of law takes the symbolic neutrality of its civi

VISAGUARD Sekretariat
May 23 min read


Verdict of the week: No unnecessary questions at the naturalization appointment
Anyone applying for German citizenship must meet numerous requirements – from sufficient German language skills and proof of sufficient means of subsistence to passing a naturalization test . Since the reform of citizenship law in 2025, a mandatory appointment with the naturalization authority is also part of the process, during which questions about the free and democratic basic order may be asked. However, the Braunschweig Administrative Court has now ruled that autho

Isabelle Manoli
May 12 min read


Ruling: No asylum for Russians fleeing to Germany to avoid military service in Russia.
Update 01.05.2026: The Administrative Court of Berlin has now ruled that Russians who fly before their military service do not receive asylum, but are entitled to subsidized protection (Administrative Court of Berlin, judgment of 06.03.2026, VG 12 K 184/25 A). The dream of a safe life in Germany, far from trenches and orders violating international law, has suffered a severe blow for many well-educated young men from the Russian Federation. While political rhetoric in Berlin

Mirko Vorreuter, LL.B.
Apr 273 min read


Yet again: a lawsuit for official liability against the Stuttgart immigration office.
The news is causing a stir in the legal world and among expats alike, but for us as observers of administrative practice, it is unfortunately hardly surprising: A highly qualified Russian scientist is taking the city of Stuttgart to the regional court. The accusation is serious and yet symptomatic of the current migration climate in Germany: bureaucratic failure through months of inaction and delayed file transfers . While politicians at the federal level are repeating th

VISAGUARD Sekretariat
Apr 234 min read


IU cases: How should one behave in IU cases since the new case law?
For some time now, the path to a German university degree for international talents, especially those at institutions like IU International University, has resembled a bureaucratic gauntlet. While the German government laments the shortage of skilled workers and markets Germany as a modern educational hub, hundreds of students faced a harsh reality: immigration authorities refused or revoked residence permits on the grounds that studies must necessarily take place in lecture

Isabelle Manoli
Apr 204 min read


Ruling: Residence permit does not expire due to errors in advice from the immigration authorities
Many foreign nationals live with the justified concern that a longer stay abroad could automatically lead to the loss of their residence permit (see our VISAGUARD article on the expiration of residence permits pursuant to Section 51 Paragraph 1 of the German Residence Act). Indeed, the Residence Act stipulates that a residence permit generally expires if a person stays outside Germany for more than six months . But what happens if this exceeding of the deadline is at

Mirko Vorreuter, LL.B.
Apr 203 min read


Court declares Schengen border controls illegal AGAIN
Anyone crossing borders within Europe these days often experiences a sense of déjà vu that clashes sharply with the promise of a borderless continent. Long traffic jams on the motorway, federal police officers on trains, and the inevitable search for one's passport . What many travelers dismiss as a bothersome routine is, in reality, a profound infringement on one of the European Union 's most cherished rights : freedom of movement within the Schengen Area . While poli

Mirko Vorreuter, LL.B.
Apr 154 min read


IU cases: Berlin Administrative Court issues new ruling on the attendance requirement for foreign students
Germany is engaged in heated debate about modernizing its administration and almost mantra-like invokes the skilled worker shortage. But while the federal government celebrates the Skilled Immigration Act as a major achievement, a dynamic is unfolding behind the scenes at Berlin's authorities that is deterring highly qualified talent rather than welcoming it. This concerns young people from all over the world, particularly from India , who have invested considerable money and

Mirko Vorreuter, LL.B.
Apr 55 min read


Visa ruling: Language certificates do not expire and remain valid
In our legal practice, we repeatedly observe in visa law that formal requirements are stretched too far and interpreted to the detriment of applicants. A recent ruling by the Higher Administrative Court of Berlin-Brandenburg on September 26, 2025 (Case No. OVG 3 S 60/25) provides an important corrective in this regard – and is likely to be of considerable significance to many affected individuals. The court clarifies that a language certificate several years old cannot b

Isabelle Manoli
Apr 13 min read


Stuttgart Administrative Court: Even left-wing extremism can block naturalization
Imagine you have been living legally in Germany for over a decade. You are professionally integrated and actively involved, both privately and professionally, in the fight against racism, populism, and right-wing extremism. You feel like a part of this society and want to solidify this status through naturalization . But suddenly, the authorities hold this very commitment against you. Not because the fight against right-wing extremism is wrong, but because you are alleged

Mirko Vorreuter, LL.B.
Mar 174 min read


Ruling: Even deliberate overstaying does not necessarily justify deportation.
Intentional overstaying is not always grounds for deportation. In labor migration law practice, the following question arises quite frequently: Is unauthorized entry or overstay sufficient to justify a so-called deportation interest within the meaning of Section 5 Paragraph 1 No. 2 of the German Residence Act (AufenthG ) or even an entry ban ? Many affected individuals automatically fear deportation or rejection, even if the violation only lasted a short time or if spe

Mirko Vorreuter, LL.B.
Mar 162 min read


General preventive deportation: Risk for migrant workers in criminal cases
Deportation as a deterrent? In its ruling of March 24, 2025 (Case No. 1 C 15-.23), the Federal Administrative Court (BVerwG) reapplied the legal concept of general deterrent deportation under Section 53 of the Residence Act and clarified its limits. The significance of general deterrent deportation should not be underestimated, especially for international students and skilled workers . The ruling confirms that serious criminal offenses can lead to deportation (regar
vosshenrich
Mar 93 min read


Administrative Court of Mannheim: Employer liability when employing illegal migrants
Imagine your company receives mail from the immigration authorities. It's not a query about a visa application, but a demand for payment of several thousand euros. The reason: you are being asked to cover the costs of deporting a former employee whose employment ended years ago. This situation is not a hypothetical nightmare scenario, but a harsh reality, as a recent ruling by the Administrative Court of Mannheim (VGH) on January 27, 2026 (Case No. 11 S 2163/25) clearly d

Mirko Vorreuter, LL.B.
Mar 54 min read
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