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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.




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.
3 days ago2 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

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


Working Time Act: Control intensity and enforcement of sanctions are noticeably increasing.
"We'll wait and see until the legislature creates a clear regulation." This phrase echoed like a mantra through German HR departments and executive suites in recent years. It was a comfortable position: as long as the Working Time Act (ArbZG) didn't explicitly mandate a " time clock requirement " in black and white, the hope was that the troublesome issue of comprehensive time tracking could be postponed indefinitely. But while politicians in Berlin hesitated, reality h

VISAGUARD Sekretariat
Mar 44 min read


How long does a court case in visa law take? (Berlin 2025)
The brand-new annual report from the President of the Berlin Administrative Court (No. 2/2026) reveals in black and white what we, as a law firm specializing in visa law, have long been painfully experiencing in our daily practice: the bottleneck of the justice system is becoming ever narrower, while the livelihoods of those affected are left hanging. Behind the report's cold statistics lie human tragedies and massive economic damage caused by the sluggish processing of vis

Mirko Vorreuter, LL.B.
Mar 33 min read


Ruling on family reunification visas for skilled workers: The cut-off date of March 1, 2024 is not discriminatory.
For a long time, family reunification for adult children was an absolute exception under German immigration law. With the reform of the skilled worker immigration law, the legislature broke with this principle for the first time in 2024 – but only for a very narrowly defined group of people. Since March 1, 2024, certain newly arrived skilled workers have been allowed to bring their parents to Germany without having to prove exceptional hardship (so-called long-term visa

Mirko Vorreuter, LL.B.
Feb 276 min read


Discrimination: Federal Labor Court (BAG) rules on headscarf ban for airport employees
Imagine you possess all the qualifications for a responsible position in aviation security. You go through the application process, dutifully submit your documents, and—after a photo of you is provided—receive a prompt rejection without any explanation . The only visible difference between your profile and the job requirements seems to be a piece of fabric: your religiously motivated headscarf . This very scenario formed the basis of a legal dispute that reached its deci

Isabelle Manoli
Feb 154 min read


ECJ: New developments regarding flight cancellation compensation
Imagine your long-awaited adventure to Lima is just around the corner. Your suitcases are packed, you're incredibly excited about Peruvian cuisine – and then comes the shock: your flight is canceled . What follows is the usual bureaucratic marathon. You request a refund, the airline is cooperative and transfers the ticket price. But when you look at your bank statement, you're taken aback. Almost one hundred euros are missing. The amount the booking portal retained as a com

Isabelle Manoli
Feb 123 min read


German Court Acquits Police Officer Accused of Planting Evidence
A 27-year-old police officer in Mannheim was acquitted of the charge of persecuting innocents (Verfolgung Unschuldiger) under the § 344 Criminal Code (StGB). The officer was accused of planting marijuana to manipulate evidence after no narcotics were found on a foreign suspect during a body search. Five bags of cannabis with a total weight of 4.55 grams were placed with the suspect’s other belongings before the officer’s colleagues drew attention to the inconsistency, and th
Gastautor
Jan 273 min read
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