Severance pay
Severance pay is a payment made by an employer to an employee following termination. If the labor court determines that the employment relationship has not been terminated by the termination, but the employee cannot reasonably be expected to continue the employment relationship, the court must, at the employee's request, terminate the employment relationship and order the employer to pay appropriate severance pay.
Related legal source: Section 9 para. 1 KSchG
Related VISAGUARD article: Protection against dismissal for foreigners
Reasons for rejection
Grounds for refusal refer to circumstances under which residence permits for study and work cannot be granted. Relevant grounds for refusal include, for example, holding a humanitarian permit or certain European residence permits.
Related legal source: Section 19f Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Deportation ban
A foreigner may not be deported if the European Convention on Human Rights provides that deportation is inadmissible. Deportation of a foreigner to another country should also be avoided if there is a significant, concrete danger to that foreigner's life, limb, or freedom. Furthermore, the deportation of a foreigner may also be suspended as long as deportation is impossible for factual or legal reasons and no residence permit is issued. If a deportation ban exists, a temporary suspension of deportation (Duldung) will be issued.
Related legal source: §§ 60 ff. Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
deportation
Deportation is the enforcement of an obligation to leave the country through administrative coercion. A foreigner must be deported if the obligation to leave is enforceable, a deadline for departure has not been granted or has expired, and voluntary fulfillment of the obligation to leave is not assured, or if monitoring the departure appears necessary for reasons of public safety and order.
Related legal source: Section 58 Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Deportation threat
As a rule, deportation must be threatened with a reasonable period of between seven and 30 days for voluntary departure if there are no prohibitions on deportation and if neither the child's welfare nor family ties nor the foreigner's state of health are opposed to deportation.
Related legal source: Section 59 Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
deportation order
A deportation order is an explicit determination by a supreme state authority that a foreign national should be deported without prior warning if they pose a particular threat to the security of the Federal Republic of Germany or a terrorist threat. The Federal Office for Migration and Refugees (BAMF) can also issue deportation orders in Dublin cases (see Section 34a of the Asylum Act ).
Related legal source: Section 58a Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Deportation detention
Foreign nationals can be detained pending deportation to enforce their obligation to leave the country. Detention pending deportation is inadmissible if the purpose of the detention can be achieved by a less severe means. Detention must be limited to the shortest possible period. Minors and families with minors are generally not detained pending deportation.
Related legal source: Section 62 Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Naturalization by descent
Citizenship by descent is the term used when German citizenship is acquired through a line passed down through several generations (e.g. from a grandfather).
Related legal source: § 4 StAG
Related VISAGUARD article: Naturalization by descent
International Office
The International Office supports incoming students who wish to study at the university. It also serves as a contact point for enrolled students who wish to spend a semester or longer at a partner university abroad (outgoing students).
Related legal source: Glossary of uni-assist.de
Related VISAGUARD article: Applying for a student visa
General Equal Treatment Act (AGG)
The General Equal Treatment Act (AGG) is a federal law and is intended to prevent and eliminate discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity.
Related legal source: Section 1 AGG
Related VISAGUARD article: Protection against discrimination for foreigners
Official ID
An official ID card, as defined by the Residence Act, is a document issued by a government authority for identification purposes, particularly in connection with a foreigner's residence status. Official ID cards can, under certain circumstances, be considered a passport substitute.
Related legal source: Section 3 Residence Ordinance
Related VISAGUARD article: Passport requirement and identity clarification
Official liability
If someone violates an official duty owed to a third party in the exercise of a public office entrusted to them, liability generally falls on the state or the corporation in whose service they are employed. In the case of misconduct by administrative officials (immigration authorities and embassies), foreigners can then apply for appropriate compensation before the ordinary courts.
Related legal source: Art. 34 GG , § 839 BGB
Related VISAGUARD article: Official liability loss of wages
Anabin
Anabin is an online database that provides information on the evaluation of foreign (especially academic) educational qualifications and supports authorities, employers and private individuals in classifying a foreign qualification according to the German education system.
Related legal source: Link to Anabin
Related VISAGUARD article: Anabin Guide
Recognition of research institutions
The Federal Office for Migration and Refugees (BMU) recognizes research institutions ( Section 18d of the Residence Act ). Both public and private institutions conducting research are eligible. The requirements for recognition of research institutions are governed by Section 38a of the Residence Ordinance .
Related legal source: Section 38a Residence Ordinance
Related VISAGUARD article: Researcher visa
Certificate of recognition
A recognition notice is an administrative act that communicates the result of a recognition procedure.
Related legal source: Section 16d Residence Act
Related VISAGUARD article: Foreign nursing professionals
Recognition partnership
The Recognition Partnership is a residence permit for pursuing professional qualifications while simultaneously working in Germany. The Recognition Partnership thus represents an alternative to the so-called deficit notice.
Related legal source: Section 16d paragraph 3 Residence Act
Related VISAGUARD article: Foreign nursing professionals
Recognition bodies
A recognition body within the meaning of the Residence Act is a competent authority or chamber that decides in accordance with the Professional Qualifications Assessment Act (BQFG) or specialist statutory provisions whether and to what extent a professional qualification acquired abroad is equivalent to a German reference profession.
Related legal source: Section 16d paragraph 3 Residence Act
Related VISAGUARD article: Foreign nursing professionals
Recognition procedure
The recognition procedure is a formal administrative process that examines whether a professional qualification acquired abroad is equivalent to a German reference occupation. The recognition procedure for vocational training is carried out by the respective recognition bodies. The recognition procedure for academic qualifications is called certificate evaluation.
Related legal source: Section 16d Residence Act
Related VISAGUARD article: Foreign nursing professionals
Credit for lost interim earnings
If the employment relationship continues after the court's decision, the employee must have deducted from the remuneration owed to him by the employer for the period after dismissal what he has earned through other work or what he could have earned if he had not maliciously failed to accept work that was reasonable for him, and what he has been paid in public benefits as a result of unemployment (deduction for lost interim earnings).
Related legal source: Section 11 KSchG
Related VISAGUARD article: Protection against dismissal for foreigners
Crediting of periods of stay
Periods of residence are taken into account for the EU long-term residence permit if the foreigner was abroad before applying, was entitled to freedom of movement or was a student.
Related legal source: Section 9b Residence Act
Related VISAGUARD article: EU Permanent Residence Permit
Naturalization by right
Naturalization by right refers to the naturalization of a foreigner in Germany based on a legal right. Naturalization by right is the standard form of naturalization.
Related legal source: § 10 StAG
Related VISAGUARD article: Requirements for naturalization
Anti-terrorism file
The Federal Criminal Police Office, the federal and state police, the Office for the Protection of the Constitution, the Military Counterintelligence Service, the Federal Intelligence Service, and the Customs Criminal Investigation Office maintain a common, standardized central anti-terrorism database at the Federal Criminal Police Office for the investigation or combating of international terrorism with a connection to the Federal Republic of Germany. The database stores relevant security-relevant data.
Related legal source: § 1 ATDG
Related VISAGUARD article: Criminal law for foreigners
Application
An application is a foreign national's expression of intent to be granted a residence permit. This depends on how the declaration is understood from the objective perspective of the recipient (Bergmann/Dienelt/Sußmann § 4 para. 43). The application for a visa or residence permit is not subject to any specific formal requirements (BeckOK AuslR/Kluth AufenthG § 81 paras. 5-10.2). Booking an appointment online does not constitute an application (Bergmann/Dienelt/Bauer para. 8).
Related legal source: Section 81 para. 1 Residence Act
Related VISAGUARD article: Guide to applying for a residence permit
Legal representative
A legal representative is a person authorized to provide legal advice and representation who, based on his or her authorization pursuant to Section 4 of the Federal Lawyers’ Act (BRAO), is authorized to act in a legally binding manner on behalf of and in the interest of the client.
Related legal source: Section 4 BRAO
Related VISAGUARD article: Visa court proceedings
Instructions for use
Application instructions are administrative regulations issued by superior authorities to subordinate authorities in order to explain and enable the employees of the subordinate authority to interpret and apply the law uniformly.
Related legal source: Residence Act
Related VISAGUARD article: Authorities & Public Resources Migration
ARB 1/80
ARB 1/80 is an association decision of the Association Council between Turkey and Germany, which regulates the residence of Turkish citizens in Germany. ARB 1/80 can serve as the basis for a separate (declaratory) residence permit for Turkish citizens.
Related legal source: Section 4 (2) Residence Act
Related VISAGUARD article: Residence for Turks in Germany
Employer
Employers are natural and legal persons and partnerships with legal capacity that employ employees, trainees or civil servants.
Related legal source: Section 2 paragraph 3 ArbSchG
Related VISAGUARD article: VISAGUARD Employer Services
Employees
An employee is someone who, in the service of another, is obliged to perform work under the instructions of another person, in a personal dependent position. The right to give instructions can concern the content, execution, time, and location of the work. Anyone who cannot essentially freely organize their work and determine their working hours is bound by instructions.
Related legal source: § 611a BGB
Related VISAGUARD article: Expat Law
Workers on offshore installations
‘Offshore workers’ means persons who work on an offshore installation located in the territorial sea or in an exclusive economic zone of the Member States as defined in accordance with international maritime law and who regularly return to the territory of the Member States by sea or air.
Related legal source: Article 2 of the Schengen Borders Code (Regulation (EU) 2016/399
Related VISAGUARD article: Working in Germany
Posted Workers Act (AEntG)
The Posted Workers Act serves to create and enforce appropriate minimum working conditions for workers posted across borders and for workers regularly employed in Germany, as well as to ensure fair and functioning competitive conditions.
Related legal source: § 1 AEntG
Related VISAGUARD article: Posted Workers Act
Freedom of movement for workers
Freedom of movement for workers is guaranteed within the Union. This entails the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other working conditions.
Related legal source: Article 45 TFEU
Related VISAGUARD article: European freedom of movement
Temporary employment
Temporary employment is the loan of an employee (temporary worker) to an employer (hirer) for the purpose of performing work within the scope of their business activity. Employees are hired out if they are integrated into the work organization of the hirer and subject to their instructions.
Related legal source: Section 1 para. 1 sentence 1 AÜG
Related VISAGUARD article: Temporary employment in residence law
Temporary employment permit
Employers who, as temporary employment agencies, wish to provide temporary workers to third parties (hirers) for the purpose of performing their work (temporary employment) require a permit. The temporary employment permit is issued by the Federal Employment Agency.
Related legal source: Section 1 para. 1 sentence 1 AÜG
Related VISAGUARD article: Temporary employment in residence law
Temporary Employment Act (AÜG)
The Temporary Employment Act (AÜG) regulates the legal framework for the temporary employment of employees to other employers.
Related legal source: Section 1 para. 1 sentence 1 AÜG
Related VISAGUARD article: Temporary employment in residence law
Work permit
The work permit regulates whether and to what extent foreign nationals may pursue gainful employment in Germany. The work permit is issued by the immigration authorities and should not be confused with the approval of the Federal Employment Agency.
Related legal source: Section 4a Residence Act
Related VISAGUARD article: Guides apply for work permit
Labor Court
Jurisdiction in labor matters is exercised by the labor courts, the regional labor courts (courts for labor matters).
Related legal source: § 1 ArbGG
Related VISAGUARD article: Protection against dismissal for foreigners
Labor Court Act (ArbGG)
The Labor Court Act (ArbGG) modifies the Code of Civil Procedure (ZPO) in certain areas to adapt court proceedings to the specifics of labor law. The Labor Court Act contains provisions regarding the composition of the court, the course of proceedings, and the allocation of costs in labor law proceedings.
Related legal source: §§ 1 ff. ArbGG
Related VISAGUARD article: Protection against dismissal for foreigners
Labor market admission
Labour market admission is an official examination process in which the Federal Employment Agency checks, in accordance with Section 39 of the Residence Act, whether a third-country national can be admitted to a specific employment in Germany.
Related legal source: Section 39 Residence Act
Related VISAGUARD article: Guides apply for work permit
Labor migration
Labour migration is the umbrella term for the area of law that deals with the immigration and residence of dependent employees.
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: Labor migration law
Job search
In the context of residence law, job search refers to the process of foreign nationals seeking employment in Germany. For this purpose, a foreign national can be granted a residence permit for job search purposes.
Related legal source: Section 20 Residence Act
Related VISAGUARD article: Opportunity Card / Job-Searching Visa
Occupational Safety and Health Act (ArbSchG)
The Occupational Safety and Health Act (ArbSchG) regulates the safety and health protection of employees at work through occupational safety and health measures. It applies to all areas of activity and, within the framework of the United Nations Convention on the Law of the Sea, also applies in the exclusive economic zone.
Related legal source: Section 1 ArbSchG
Related VISAGUARD article: Expat Law
Working day account
The term “working day account” refers to a method developed in practice for monitoring and calculating the permissible working hours of international students with a residence permit to study in Germany.
Related legal source: Section 16b paragraph 3 sentence 1 Residence Act
Related VISAGUARD article: 140/280 days rule for foreign students
employment contract
Through an employment contract, the employee is obligated to perform work in the service of another person, subject to instructions and determined by the other person, in a personal dependent capacity. The employer is obligated to pay the agreed remuneration.
Related legal source: § 611a BGB
Related VISAGUARD article: Employment contract for foreigners
Work visa
A work visa is a national visa (Type D) that allows a third-country national to enter Germany for the purpose of gainful employment. It serves as a precursor to a residence permit under the Residence Act and is usually issued for a specific occupation and for a specific period of time.
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: Guide to applying for a work visa
Working hours
Working time is the time from the start to the end of work, excluding rest breaks; working hours for multiple employers are aggregated. Employees' working hours per working day may not exceed eight hours. This may be extended to up to ten hours only if an average of eight hours per working day is not exceeded within six calendar months or within 24 weeks.
Related legal source: Section 3 ArbZG
Related VISAGUARD article: Working hours for foreigners
Working Hours Act (ArbZG)
The Working Hours Act (ArbZG) regulates the safety and health protection of employees in the Federal Republic of Germany and in the exclusive economic zone with regard to working time arrangements and the framework conditions for flexible working hours.
Related legal source: Section 1 ArbZG
Related VISAGUARD article: Working hours for foreigners
asylum application
An application for asylum exists if the foreigner's written, oral or other expressed will indicates that he or she is seeking protection from political persecution in the Federal territory or that he or she is seeking protection from deportation or other return to a state in which he or she is threatened with persecution or serious harm.
Related legal source: Section 13 Asylum Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Asylum application
An asylum application is any wish expressed in writing, orally or in any other way by an alien at the external border or in the territory of a Contracting Party in Europe with the aim of obtaining refugee status under the Geneva Convention of 28 July 1951 relating to the status of refugees, as amended by the Protocol of 31 January 1967, and as such enjoying the right of residence.
Related legal source: Section 13 Asylum Act
Related VISAGUARD article: International Law and Humanitarian Obligations
asylum seekers
Asylum seekers are foreign nationals who are undergoing an ongoing asylum procedure in Germany. Asylum seekers are permitted to stay in Germany on the basis of a residence permit.
Related legal source: Section 2 Asylum Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Asylum Seekers Benefits Act
The Asylum Seekers Benefits Act regulates the conditions and procedures for granting social benefits to asylum seekers.
Related legal source: Asylum Seekers Benefits Act (AsylblG)
Related VISAGUARD article: International Law and Humanitarian Obligations
Asylum Act (AsylG)
The Asylum Act regulates the conditions and procedures for granting asylum in Germany.
Related legal source: Asylum Act (AsylG)
Related VISAGUARD article: International Law and Humanitarian Obligations
Asylum procedure
Asylum procedure: The asylum procedure is regulated in Section 4 of the Asylum Act and regulates the special procedural rules of the asylum procedure (e.g. administrative requirements for the application and the hearing).
Related legal source: §§ 12 ff. AsylG
Related VISAGUARD article: International Law and Humanitarian Obligations
Asylum Procedures Directive (Directive 2013/32/EU)
The Asylum Procedures Directive of 26 June 2013 defines basic standards for the conduct of asylum procedures in the Member States of the European Union.
Related legal source: Directive 2013/32/EU .
Related VISAGUARD article: International Law and Humanitarian Obligations
Asylum Competence Determination Ordinance
The Asylum Competence Determination Ordinance (AsylZBV) determines the competent authorities for the implementation of European asylum laws (e.g. Dublin Regulation).
Related legal source: § 1 AsylZBV
Related VISAGUARD article: International Law and Humanitarian Obligations
AU Pair
An au pair is a young adult who works for a host family in exchange for board, lodging, and pocket money, in exchange for learning the German language and culture. Au pairs can be granted a residence permit in Germany if they have basic knowledge of German, are under 27 years old, and are hosted by a family where German is their native language.
Related legal source: Section 12 BeschV
Related VISAGUARD article: Au Pair Visa Germany
Residence permit
A residence permit is a temporary residence permit. It is issued for the purposes of residence specified in the Residence Act. In justified cases, a residence permit may also be issued for a purpose not provided for by the Residence Act.
Related legal source: Section 7 Residence Act
Related VISAGUARD article: Guide to applying for a residence permit
Residence permit
The term "residence permit" is an outdated term for residence permits. The terminology was changed with the Immigration Act of January 1, 2005.
Related legal source: Immigration Act of 1 January 2005
Related VISAGUARD article: More Guides
Residence Act (AufenthG)
The Residence Act (AufenthG) serves to regulate the influx of foreigners into the Federal Republic of Germany. It facilitates and regulates immigration, taking into account the capacity to absorb and integrate foreigners, as well as the economic and labor market interests of the Federal Republic of Germany. The law also serves to fulfill the Federal Republic of Germany's humanitarian obligations. To this end, it regulates the entry, residence, employment, and integration of foreigners.
Related legal source: Section 1 paragraph 1 Residence Act
Related VISAGUARD article: Laws in immigration law
Residence permit
A foreigner seeking asylum is permitted to stay in the federal territory for the purpose of completing the asylum procedure from the moment the proof of arrival is issued (permission to stay). The permission to stay is not a residence permit.
Related legal source: Section 55 Asylum Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Residence card
The residence card is a declaratory document for family members of EU citizens, similar to the electronic residence permit (eAT). Family members entitled to freedom of movement who are not EU citizens will be issued a residence card for family members of EU citizens automatically within six months of providing the required information. This card is valid for five years.
Related legal source: Section 5 (1) sentence 1 FreizügG/EU
Related VISAGUARD article: Family reunification of EU citizens
Residence permit
Foreign nationals require a residence permit to enter and stay in Germany, unless otherwise provided by European Union law or by agreements or legal regulations. Residence permits are issued in the form of visas, residence permits, EU Blue Cards, (mobile) ICT cards, settlement permits, and EU permanent residence permits.
Related legal source: Section 4 Residence Act
Related VISAGUARD article: General information on residence rights
Residence consolidation
The term “residence consolidation” is a legal term from German residence law and refers to the transition from an initially temporary residence permit to a permanent residence status, in particular a permanent residence permit.
Related legal source: Section 9 Residence Act
Related VISAGUARD article: Applying for a permanent residence permit
Residence Ordinance (AufenthV)
The Residence Ordinance (AufenthV) regulates various details of the Residence Act at the ordinance level (e.g. exceptions to the visa requirement).
Related legal source: Section 41 Residence Ordinance
Related VISAGUARD article: Law in immigration law
Length of stay
The length of stay refers to the period of time a foreigner has (legally) resided in Germany. A regulation for calculating the length of stay can be found in Section 85 of the Residence Act .
Related legal source: Section 85 Residence Act
Related VISAGUARD article: Settlement permit period of residence
Sticker/adhesive label
An adhesive label is the physical documentation of residence permit decisions made by the authorities (e.g. for a visa in the passport).
Related legal source: Annex D11 of the Residence Ordinance
Related VISAGUARD article: Electronic Residence Permit (eAT)
Condition subsequent (right of residence)
Conditions subsequent are ancillary provisions to the residence permit which cause the residence permit to expire when a certain condition occurs (e.g. exmatriculation).
Related legal source: Section 51 Paragraph 1 No. 2 Residence Act
Related VISAGUARD article: Expiry of residence permits
Admission agreement
A hosting agreement within the meaning of Section 18d of the Residence Act (AufenthG) is a contract between foreign scientists and research institutions in Germany for the conduct of research projects in Germany. The hosting agreement is generally a prerequisite for the granting of a residence permit for research purposes.
Related legal source: Section 18d Paragraph 1 Residence Act
Related VISAGUARD article: Researcher visa
Condition precedent
Suspensive conditions are provisions that only allow a legal consequence to occur when a certain event occurs (e.g. the start of an employment contract only when the residence permit is granted).
Related legal source: § 158 BGB
Related VISAGUARD article: Employment contracts for foreigners
Training tolerance
An asylum seeker who has undertaken qualified vocational training in a state-recognized or similarly regulated training occupation or who has undertaken assistant or helper training in a state-recognized or similarly regulated training occupation and who is in possession of a toleration permit under Section 60a of the Residence Act must be granted a training toleration permit.
Related legal source: Section 60c Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Training visa
A training visa is a national visa (type D) that allows persons from non-EU countries to enter Germany for the purpose of taking up vocational or educational training.
Related legal source: Section 16a Residence Act
Related VISAGUARD article: Guide to applying for a student visa
Foreigner
A foreigner is anyone who is not German within the meaning of Article 116 Paragraph 1 of the Basic Law.
Related legal source: Section 2 paragraph 1 Residence Act
Related VISAGUARD article: Other migration law issues
Immigration Office
Immigration authorities are municipal institutions entrusted with the enforcement of residence law. The enforcement of residence law is therefore a state-specific matter. Uniform federal enforcement of the Residence Act is ensured by the general administrative provisions of the Residence Act. The largest immigration authority in Germany is the State Office for Immigration (LEA) in Berlin.
Related legal source: Article 83 of the Basic Law
Related VISAGUARD article: Authorities & Public Resources Migration
Employment of foreigners
Employment of foreign nationals refers to the employment of persons without German citizenship in Germany, particularly taking into account the requirements under residence law and labor market law.
Related legal source: Employment Ordinance (BeschV)
Related VISAGUARD article: Labor migration law
Foreigners File A
The Foreigners' File A stores, among other things, data of individuals who have contacted the immigration authorities regarding matters related to their residence. The Foreigners' File A is maintained by the responsible immigration authorities.
Related legal source: Section 63 Residence Ordinance
Related VISAGUARD article: Data protection for foreigners
Foreigners File B
The basic personal data of a foreigner are transferred to the Foreigners File B as soon as the foreigner has died, moved away from the district of the Foreigners Authority or acquired the legal status of a German.
Related legal source: Section 67 Residence Ordinance
Related VISAGUARD article: Data protection for foreigners
Criminal law relating to foreign nationals
Criminal law relating to foreigners is a special criminal law that applies only to foreigners. Criminal law relating to foreigners covers, for example, illegal entry, illegal residence, and illegal employment.
Related legal source: §§ 95 ff. Residence Act
Related VISAGUARD article: Criminal law for foreigners
Central Register of Foreigners (AZR)
The Central Register of Foreigners is a database maintained by the Federal Office for Migration and Refugees (registration authority). Its purpose is to support the authorities entrusted with the implementation of immigration and asylum law tasks and other public bodies by providing information (identity function, verification function, substitution function). Foreigners can access the information stored about them in the Central Register of Foreigners.
Related legal source: §§ 1 ff. AZRG
Related VISAGUARD article: Data protection for foreigners
Central Register of Foreigners Act (AZRG)
The Central Register of Foreign Nationals Act (AZRG) regulates the legal framework under which the Central Register of Foreign Nationals is established and maintained. It also regulates the conditions under which data may be transferred to public bodies (§§ 10 et seq. AZRG).
Related legal source: §§ 1 ff. AZRG
Related VISAGUARD article: Data protection for foreigners
Foreign project
For projects abroad, approval may also be granted for employees of the client of the project abroad if they are temporarily employed by the contractor in connection with the preparatory work, the contract contains a corresponding obligation for the contractor and the employment is necessary for the subsequent work within the framework of the completed project.
Related legal source: Section 10 (2) Employment Ordinance
Related VISAGUARD article: Secondment to Germany
Foreign representation
Foreign missions include embassies, consulates general and consulates as well as permanent representations to intergovernmental and supranational organizations.
Related legal source: § 3 GAD
Related VISAGUARD article: Guide to applying for a work visa
Exception visa
Exceptional visas are issued under certain conditions at the German internal external border (possibly also when entering via a German airport) by the authorities responsible for police control of cross-border traffic.
Related legal source: Section 14 (2) Residence Act
Related VISAGUARD article: Guide to applying for a visa
Sufficient German language skills
Sufficient German language skills correspond to level B1 of the Common European Framework of Reference for Languages.
Related legal source: Section 2 paragraph 11 Residence Act
Related VISAGUARD article: Requirements for a settlement permit for skilled workers
Adequate living space
A foreigner's living space is sufficient if it also complies with the legal requirements applicable to Germans regarding quality and occupancy. The generally accepted minimum requirement is that the living space must provide humane accommodation (BeckOK AuslR/Eichenhofer, 41st Ed. April 1, 2024, Residence Act § 2, marginal no. 12). This is generally the case if 9 square meters are available per adult and 6 square meters per child.
Related legal source: Section 7 WoAufG Bln
Related VISAGUARD article: Living space for residence permit holders
Deportation detention
Regardless of the conditions for preventive detention, in particular the existence of a risk of absconding, a foreign national may be detained by court order for up to 28 days to ensure the feasibility of deportation once the departure deadline has expired, unless the foreign national is prevented from leaving through no fault of their own or the exceeding of the departure deadline is not significant, it is established that deportation can be carried out within this period, and the foreign national has displayed behavior that suggests they will hinder or thwart deportation. Detention pending departure is carried out in the transit area of an airport or in accommodation from which the foreign national can leave the country.
Related legal source: Section 62b Residence Act
Related VISAGUARD article: Criminal law for foreigners
Obligation to leave the country
A foreigner is obliged to leave the country if he or she does not or no longer has a required residence permit and if he or she does not or no longer has any other right of residence.
Related legal source: Section 50 Residence Act
Related VISAGUARD article: Criminal law for foreigners
resettlers
Aussiedler are immigrants of German descent who immigrated to the Federal Republic of Germany from a state of the former Eastern Bloc (Gdansk, Estonia, Latvia, Lithuania, the former Soviet Union, Poland, Czechoslovakia, Hungary, Romania, Bulgaria, Yugoslavia, Albania or China).
Related legal source: § 1 BVFG
Related VISAGUARD article: Late repatriates
Withdrawal Agreement (Brexit)
The Brexit Withdrawal Agreement (Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community) is an international treaty between the United Kingdom and the European Union that regulates the orderly withdrawal of the United Kingdom from the EU in accordance with Article 50 TEU.
Related legal source: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
Related VISAGUARD article: Residence of British citizens
Foreign Service
The Foreign Service manages the foreign affairs of the federal government. It maintains the Federal Republic of Germany's relations with foreign states as well as intergovernmental and supranational institutions. The Foreign Service consists of the Federal Foreign Office (Central Office) and the diplomatic missions abroad, which together form a unified federal agency under the leadership of the Federal Minister of Foreign Affairs.
Related legal source: § 1 GAD
Related VISAGUARD article: Guide to applying for a visa
Federal Foreign Office (AA)
The Federal Foreign Office is the foreign ministry of the Federal Republic of Germany (Federal Ministry of Foreign Affairs) and a supreme federal authority.
Related legal source: §§ 1 ff. GGO
Related VISAGUARD article: Authorities & Public Resources Migration
ID card replacement
A foreign national who does not have a recognized and valid passport or passport substitute and cannot reasonably obtain one, or whose passport or passport substitute has been temporarily handed over to a domestic authority, will be issued with a residence permit upon application, provided that he or she has a residence permit or his or her deportation has been suspended.
Related legal source: Section 55 Residence Ordinance
Related VISAGUARD article: Passport requirement and identity clarification
ID requirement
A foreigner is obliged to present, hand over and temporarily leave his passport, passport substitute or identity card substitute and his residence permit or a certificate of suspension of deportation to the authorities entrusted with the enforcement of immigration law upon request, insofar as this is necessary for the implementation or safeguarding of measures under the Residence Act.
Related legal source: Section 48 (1) Residence Act ; Sections 56 et seq. Residence Ordinance
Related VISAGUARD article: Passport requirement and identity clarification
Expulsion
Expulsion is an administrative act that terminates the legality of a stay in the Federal Republic of Germany. A foreigner whose stay endangers public safety and order, the free democratic basic order, or other significant interests of the Federal Republic of Germany will be expelled if, taking into account all circumstances of the individual case, the interests of leaving the country are weighed against the interests of the foreigner remaining in the Federal Republic of Germany and show that the public interest in leaving the country outweighs the interest in leaving the country.
Related legal source: Section 53 (1) Residence Act
Related VISAGUARD article: Expulsion
Interest in expulsion
If certain facts exist (e.g., criminal offenses or suspicion of terrorism), there is an interest in expulsion. While the existence of an interest in expulsion does not necessarily lead to expulsion, it is an obstacle to the issuance of a residence permit (see Section 5 (1) No. 2 of the Residence Act ).
Related legal source: Section 54 Residence Act
Related VISAGUARD article: Expulsion
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