1. Definition of visa

A visa is a residence permit pursuant to Section 4 Paragraph 1 Sentence 2 No. 1 of the Residence Act (AufenthG) and an official permit that allows a person to enter , stay, and/or transit through another country. In Germany, a visa is an administrative act within the meaning of Section 35 of the Administrative Procedure Act (VwVfG) and is subject to the general rules of administrative procedural law. In many contexts, the term "visa" is used synonymously with the terms "residence title" or "residence permit," although this is doctrinally incorrect.

What is the visa requirement?

Foreign nationals generally require a visa or residence permit to enter and stay in Germany ( Section 4 (1) Sentence 1 of the Residence Act ). The visa is usually issued by the embassy or consulate of the destination country and is often recorded in the passport, while residence permits are issued by the immigration authorities as a plastic card or electronic residence permit (eAT). Independent of the obligation for foreign nationals to have a residence permit (Section 4 (1) Sentence 1 of the Residence Act), there is also the obligation for foreign nationals to enter with the correct visa . This is a prerequisite for the issuance of a residence permit by the immigration authorities ( Section 5 (2) of the Residence Act ).

2. Difference between visa, residence permit and residence card

A visa is a type of residence permit ( Section 4 (1) Sentence 2 No. 1 of the Residence Act ). The term "residence permit" is therefore a generic term for visas and also encompasses other forms of residence documents (see Section 4 (1) of the Residence Act). The following residence permits exist (see Section 4 (1) of the Residence Act):

• Visa within the meaning of Section 6 Paragraph 1 Number 1 and Paragraph 3

• Residence permit ( § 7 )

• EU Blue Card ( § 18g )

• ICT card ( § 19 )

• Mobile ICT card ( Section 19b )

• Residence permit ( Section 9 )

• Permanent residence permit – EU ( § 9a )

However, the visa is not a residence card . Residence “cards” are not residence permits from the Residence Act (AufenthG) , but the terminology comes from the Freedom of Movement Act for EU Citizens (FreizügG/EU) . Residence cards are the residence rights of EU citizens and, if applicable, their family members. Special rules apply to them under European freedom of movement law. The biggest difference between a residence card and a residence permit is that residence cards only certify the right of residence (declaratory effect), whereas residence permits establish the right of residence (constitutive effect). This is one of the greatest advantages European citizens have over third-country nationals with regard to the right of residence.

3. Difference between visa and residence permit

There is an important doctrinal and conceptual difference between a visa and a residence permit. While both are residence permits according to Section 4 Paragraph 1 of the Residence Act, a visa is issued for entry into Germany (i.e., for crossing the border), while a residence permit is issued for a longer stay . Visas abroad are also issued by embassies, while residence permits in Germany are issued by the immigration authorities at the foreigner's place of residence. Visas are regulated in Section 6 of the Residence Act (in conjunction with the respective purpose of stay), while residence permits are regulated in Section 7 of the Residence Act (in conjunction with the respective purpose of stay).

7. Difference between visa and border crossing certificate (GÜB)

A visa and a border crossing certificate differ significantly in both their function and their legal status. A visa is a residence permit that is applied for at a German diplomatic mission abroad before entering the country and allows the holder to stay legally in Germany for a specific purpose - such as working, studying, or as a tourist - for a set period of time. A border crossing certificate (GÜB), on the other hand, is an official document that is usually issued to people who have entered Germany illegally . The border crossing certificate usually only specifies the departure deadline . The border crossing certificate therefore does not confer any rights and merely certifies illegal residence. In particular, the border crossing certificate is not a residence permit within the meaning of Section 4 of the Residence Act.

8. Difference between visa, visa stamp and residence permit

There is no difference between the terms "visa" and "visual impression." Visas used to be called "visual impressions"—a term indicating that the authorization was visibly entered into the travel document. The term "visual impression" in residence law is now used only in old international agreements, but no longer has any meaning of its own in German law. The same applies to the term "residence permit," which was formerly used in residence law but is no longer used today.