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What is a visa?
Lawyer explains what a visa is and how it differs from other residence documents.
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what a visa is
how the visa fits into the residence permit system
how the visa differs from the residence permit
what a visa is
Table of Contents
1. Definition of visa
2. Difference between visa, residence permit and residence card
3. Difference between visa and residence permit
4. Difference between visa and settlement permit
5. Difference between visa and tolerated status
6. Difference between visa and residence permit
7. Difference between visa and border crossing certificate (GÜB)
8. Difference between visa, visa stamp and residence permit
9. FAQ
10. Conclusion Declaration Visa
1. Definition of visa
A visa is a residence permit pursuant to Section 4 (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?
Foreigners generally require a visa or residence permit to enter and stay in Germany ( Section 4 (1) (s) 1 of the Residence Act ). Visas are generally issued by the embassy or consulate of the destination country and are often entered in the passport, while residence permits are issued by the immigration authorities as plastic cards or electronic residence permits (eAT). In addition to the requirement for foreigners to hold a residence permit (Section 4 (1) (s) 1 of the Residence Act), foreigners are also required to enter the country 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 )
Mobile ICT card ( § 19b )
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), while residence permits establish the right of residence (constitutive effect). This is one of the greatest advantages European citizens have over third-country nationals regarding 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 . Furthermore, a visa abroad is issued by an embassy, while a residence permit in Germany is 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).
4. Difference between visa and settlement permit
A visa and a settlement permit differ primarily in terms of the length of stay , the purpose , and the associated rights . A visa is a temporary permit to enter and stay in Germany. It is usually issued by a German diplomatic mission in the country of origin and serves specific purposes. In contrast, a settlement permit is a permanent right of residence ( Section 9 of the Residence Act ) granted to persons who have already been legally residing in Germany for an extended period. It grants comprehensive rights, in particular unrestricted access to the labor market.
5. Difference between visa and tolerated status
A visa and a toleration permit differ fundamentally in their legal nature and purpose. A visa is an official entry document and a residence permit within the meaning of Section 4 of the Residence Act. A toleration permit, on the other hand, is not a residence permit but merely a temporary suspension of deportation ( Sections 60 ff. of the Residence Act ). It is granted to persons who are required to leave the country, but whose deportation is currently not possible for legal or factual reasons (e.g. illness or missing travel documents). Life-threatening circumstances in the home country (e.g. an economic situation that threatens one's existence) can also be a reason for toleration. Holders of a toleration permit have a much less secure residence status and fewer rights than holders of a residence permit, as the reason for toleration can cease to apply at any time and the toleration permit can then be withdrawn.
6. Difference between visa and residence permit
A visa and a residence permit differ significantly in their function and legal significance. A visa is a residence permit that is applied for at a German diplomatic mission abroad before entering Germany. It allows a person to stay legally in Germany for a specific purpose – such as working, studying, or family reunification – and for a specified period of time. A residence permit, on the other hand, is issued to people who have applied for asylum in Germany ( Section 55 of the Asylum Act ) and are staying in the country while the asylum procedure is ongoing. A residence permit is not a residence permit; it merely allows the asylum seeker to stay legally in Germany until a decision has been made on their asylum application. While a visa enables planned and approved entry and stay, a residence permit is a provisional status within the framework of an asylum procedure. Compared to a visa, the residence status with a residence permit is considerably less secure, as the permit expires when the asylum procedure is concluded or the application is rejected. In contrast to a visa, a residence permit also has significantly fewer rights; in particular, asylum seekers must generally stay in certain areas and accommodations ( §§ 44 ff. AsylG ).
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 were previously referred to as "visual impressions"—a term indicating that the authorization was visibly inscribed on the travel document. The term "visual impression" in relation to residence law is now only used in old international agreements, but no longer has any specific meaning in German law. The same applies to the term "residence permit," which was formerly used in residence law but is no longer used today.
9. FAQ: What is a visa?
What is a visa?
A visa is a residence permit pursuant to Section 4 Paragraph 1 Sentence 2 No. 1 of the Residence Act (AufenthG), which authorizes entry, residence, or transit through Germany. It is an administrative act that is usually entered in a passport by a German embassy abroad.
What is a visa and what does a residence permit mean?
The term "visa stamp" is an outdated term for today's visa. "Residence permit" was also used in the past, but is no longer used in current residence law.
What does visa requirement mean?
Foreign nationals generally require a visa to enter Germany (Section 4 (1) Sentence 1 of the Residence Act). The issuance of a valid visa is usually a prerequisite for a subsequent residence permit in Germany (Section 5 (2) of the Residence Act).
How does a visa differ from a residence permit?
A visa is a type of residence permit. Other residence permits include a residence permit, the EU Blue Card, and a settlement permit. The term "residence permit" is therefore a generic term (see the list in Section 4 of the Residence Act).
10. Conclusion on the definition of visa
A visa is a specific residence permit, usually issued by a German diplomatic mission abroad, that permits entry into Germany. Legally, it must be clearly distinguished from the term "residence title," which, as an umbrella term, also encompasses other forms such as a residence permit , settlement permit, or EU Blue Card . The visa also differs significantly in its function and legal effect from other documents such as a temporary suspension of deportation (Duldung), a temporary residence permit (Aufenthaltserlaubnis), or a border crossing certificate, which do not constitute a residence permit and are usually associated with an uncertain residence status. Old terms such as "visa" or "residence permit" are no longer in use today.
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List of Sources (Paywall)
[1] BeckOK AuslR/Maor, 1.7.2024, AUfenthG § 6 Rn. 1 - 25