Conversion of visa to residence permit
All information on applying for a residence permit after entering the country with a D visa.
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Here you learn ...
how to convert the visa into a residence permit
how to register your residence in Germany
how to submit applications to the immigration authorities
what the so-called fiction effect is
Table of contents
1. Visa to residence permit
2. Register your residence
3. Apply for a residence permit
4. Fictional effect
5. Obtaining a residence permit
6. FAQ
7. Conclusion
1. Visa to residence permit
After receiving the visa, you must convert it into a residence permit in Germany before it expires. Unlike Schengen visas, national D visas can be converted into a residence permit after entry (for Schengen visas, see our guide "Schengen Visa to Residence Permit" ). The application for a residence permit must be submitted to the responsible immigration authority in your place of residence. This article explains how to apply for a residence permit after entering Germany with a D visa.
2. Register your residence
For foreigners in Germany, registering their residence is an essential first step upon arrival. According to German registration law ( Section 17 of the Federal Registration Act – BMG ), every person is required to register their place of residence – regardless of nationality. Registration takes place at the relevant registration office or town hall and serves to legally record the place of residence. A so-called registration certificate is then issued, which serves as official proof of residence.
Without a registration certificate, the immigration authorities cannot process your application for a residence permit, as their jurisdiction depends on it. However, particularly in large cities like Berlin, it can be difficult to secure a timely registration appointment. In such cases, the support of an immigration lawyer can be helpful in securing the necessary registration and thus initiating the residence procedure. Therefore, a registration certificate is not legally required, as the immigration authorities' jurisdiction is based on the habitual place of residence and not the official place of registration ( Section 3 (1) No. 3 of the Administrative Procedure Act ).
3. Apply for a residence permit
Once the apartment is registered, a residence permit must be applied for at the immigration office responsible for the place of residence (see also our guide to applying for a residence permit ). According to the Residence Act, no specific form is prescribed for this – theoretically, an application can be submitted by letter, email, or fax. In practice, however, many authorities only accept online applications. Important: Special online portals are available for the largest cities – for example, in Berlin, Frankfurt am Main, or Munich.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
The problem is that online portals often impose blanket requirements that don't fit every individual case. Documents that aren't actually necessary in the specific case are still requested, which can lead to unnecessary delays. This is where an immigration lawyer can provide valuable support. Using the special electronic lawyer's mailbox (beA), they can communicate directly with the authorities and submit documents in a legally compliant manner—a decisive advantage over private applicants.
4. Fictional effect
After the application is submitted, the so-called fictitious effect takes effect according to Section 81 Paragraph 4 of the Residence Act (AufenthG). This regulation ensures that the stay continues to be considered legal even after the previous visa has expired , until a decision has been made on the application (if the application was submitted before the visa expired). For many applicants, this represents a huge relief – especially if processing by the immigration authorities is delayed.
Nevertheless, problems can arise in practice: The fictitious effect must be proven by a so-called fictitious certificate (Section 81 (5) of the Residence Act). However, many authorities are overwhelmed and do not issue this certificate in a timely manner. This can have serious consequences – for example, for the extension of employment contracts or planned trips abroad. In such cases, it may be advisable to seek legal assistance.
5. Obtaining a residence permit
If you have done everything correctly, you will receive a residence permit after submitting your application. At the appointment, you will be fingerprinted again ( Section 49 of the Residence Act ). The clerk will also check whether all documents are complete. If necessary, your language skills will also be tested - often in the form of a short interview in German. Finally, the residence permit is ordered from the Federal Printing Office. The applicant receives a confirmation letter, which in many cases already counts as the legally valid issuance of the residence permit ( Section 41 of the Administrative Procedure Act ). The electronic residence permit (eAT) then serves as official proof and is issued a few weeks later when you can pick it up. With this residence permit, you can then stay in Germany permanently.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
6. FAQ
What does it mean to convert a visa into a residence permit?
After entering the country with a national D visa, it must be converted into a residence permit at the relevant immigration authority before it expires. This does not apply to Schengen visas.
How do I register my residence in Germany?
Registration of residence takes place at your city's registration office or town hall. According to the Federal Registration Act (Section 17 BMG), every person is required to register within a few days of moving. You will receive a registration certificate, which is important for applying for a residence permit.
What happens if I can't find an appointment to register?
In large cities like Berlin, appointments are often limited. Late registration can delay the residence procedure. If necessary, a lawyer can help – also because the immigration authorities are legally guided by the actual place of residence and not necessarily by the registered address (Section 3 (1) No. 3 of the Administrative Procedure Act).
How do I apply for a residence permit?
The application can be submitted informally (by email, fax, or letter). However, many immigration authorities only accept online applications via official portals—especially in cities such as Berlin, Munich, or Frankfurt am Main.
7. Conclusion
Converting a national visa (D visa) into a residence permit is a multi-stage, legally regulated process that should be initiated promptly after entering Germany. Key steps include registering your residence, submitting your application to the responsible immigration authority on time, and understanding the so-called fictitious effect, which ensures legal residence during the processing time. Despite the option of submitting applications digitally, individual requirements and overburdened authorities can lead to delays – particularly in the issuance of the fictitious certificate. Support from a lawyer specializing in immigration law can help avoid errors, shorten unnecessary waiting times, and optimize communication with the authorities. Those who diligently fulfill all requirements will ultimately receive a residence permit in the form of an electronic residence permit (eAT), allowing them to live legally in Germany permanently.
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