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VISAGUARD Glossary: Letter B

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On this page, you will find all VISAGUARD glossary entries for the letter B. The glossary entries are arranged alphabetically and include the most important terms in immigration law that begin with the letter B. Each definition in the glossary is linked to the relevant law or administrative regulation and also refers to the corresponding VISAGUARD technical article.

BACO 90

The BACO-90 procedure is a German administrative procedure for US contractors of the US Department of Defense (DOD) who wish to work in Germany for a maximum of 90 days within a 12-month period. It is a special permit issued by the Federal Employment Agency.

Related legal source: Works contract procedure

Related VISAGUARD article: SOFA/BACO 90


officer

A civil servant, in the constitutional sense, is someone who is in a public-law service and fiduciary relationship and exercises sovereign powers ( Article 33, Paragraph 4 of the Basic Law ). Civil servants are de facto employees of the state. However, civil servants are in a public-law service and fiduciary relationship with their employer (civil servant relationship; see Section 4 of the Federal Employment Act (BBG ), which modifies the employment relationship in numerous respects.

Related legal source: Article 33, paragraph 4 of the Basic Law

Related VISAGUARD article: Residence permits for foreign civil servants


Processing fee/administration fee

A processing fee for the issuance of a residence permit is charged if an application for a residence permit is rejected or if the residence permit is granted. The amount of the fee can be found in the Residence Ordinance.

Related legal source: §§ 44 ff. Residence Ordinance

Related VISAGUARD article: Guide to applying for a residence permit


Commissioner for Migration, Refugees and Integration

The Federal Government appoints a Commissioner for Migration, Refugees, and Integration. The Commissioner supports the Federal Government in further developing integration policy and promoting coexistence between foreigners and Germans. The office of Commissioner is established at a supreme federal authority and can be held by a member of the German Bundestag.

Related legal source: Section 92 Residence Act

Related VISAGUARD article: Authorities & Public Resources Migration

Officials of the international organization

Officials of the international organization: “Officials of the international organization” or “officials of the other international body” means the head and other officials of the international organization or other international body, regardless of their nationality.

Related legal source: § 1 GastStG

Related VISAGUARD article: Diplomats and international organizations


Transport operator

Carriers are natural or legal persons who carry out the transport of persons by air, sea or land on a commercial basis (see Article 1 of the Schengen Implementing Convention of 31 March 2006 ).

Related legal source: §§ 63 ff. AufenthG

Related VISAGUARD article: Schengen Visa


Fixed-term employment contract

A fixed-term employment contract has a fixed end date. The employment relationship ends automatically at this point, without the need for notice. The possibility of a fixed term is regulated in the law.

Related legal source: Part-time and Fixed-Term Employment Act (TzBfG)

Related VISAGUARD article: Employment contracts for foreigners


authority

An authority is any body that carries out public administration tasks (e.g. immigration authorities and embassies).

Related legal source: Section 1 para. 4 VwVfG

Related VISAGUARD article: Authorities & Public Resources Migration

In citizenship law, a declaration is the statement that the applicant for naturalization will respect the free and democratic basic order.

Related legal source: § 16 StAG

Related VISAGUARD article: Declaration of loyalty naturalization

Rapporteur (Judge)

The rapporteur is the judge responsible for handling a case according to the internal allocation of duties within a chamber. The rapporteur has specific responsibilities within the chamber.

Related legal source: Section 87a para. 3 VwGO

Related VISAGUARD article: Legal proceedings visa law Germany


Berlin comparison

The Berlin Settlement refers to a court settlement in which the visa applicant agrees with the Federal Foreign Office that the visa will be granted if the visa applicant and plaintiff, in return, withdraws the lawsuit and bears the costs of the lawsuit.

Related legal source: § 106 VwGO

Related VISAGUARD article: Legal proceedings visa law Germany


Professional license

The professional practice permit encompasses the legal authority to practice the profession and the granting of permission to use the professional title (professional title permit). In the case of regulated professions, the professional practice permit is a prerequisite for the issuance of residence permits for employment.

Related legal source: Section 18 para. 2 no. 3 Residence Act

Related VISAGUARD article: Regulated professions


Professional title permit

A professional title permit provides the legal authority to use a professional title (e.g., the designation "engineer"). This professional title permit should not be confused with a professional practice permit.

Related legal source: e.g. § 1 IngG

Related VISAGUARD article: Regulated professions

Vocational German language training

Vocational German language support is designed to promote language acquisition and improve job and training opportunities. Integration into the labor market can be supported through vocational German language support measures. These measures generally build on the general language support provided in integration courses. Vocational German language support is coordinated and implemented by the Federal Office for Migration and Refugees. The Federal Office for Migration and Refugees utilizes private or public providers to implement these measures.

Related legal source: Section 45a para. 1 Residence Act

Related VISAGUARD article: Guide to applying for a student visa


Vocational Training Act (BBiG)

The Vocational Training Act regulates the legal framework for vocational training preparation, vocational training, advanced vocational training, and vocational retraining in Germany. The list of recognized training occupations pursuant to Section 90, Paragraph 3, No. 3 of the Vocational Training Act (BBiG) is particularly relevant for residence permits (see the list of recognized training occupations at the Federal Institute for Vocational Training ).

Related legal source: § 1 BBiG

Related VISAGUARD article: Guide to applying for a student visa


Career starters

The term "young professional" refers to a person who is just entering the labor market and is undertaking their first professional activity after completing their training or studies. A young professional can be issued an EU Blue Card under simplified conditions.

Related legal source: Section 18g paragraph 6 Residence Act

Related VISAGUARD article: EU Blue Card requirements

Professional experience (right of residence)

Foreign nationals can be granted a residence permit under simplified conditions if they have professional experience. This is deemed to be the case if the foreign national has at least two years of professional experience acquired within the last five years that qualifies them for the employment.

Related legal source: Section 6 BeschV

Related VISAGUARD article: Visa professional experience


Professional qualification

Professional qualifications are qualifications that are demonstrated by educational certificates, certificates of competence or relevant professional experience acquired abroad or in Germany.

Related legal source: Section 3 para. 1 BQFG

Related VISAGUARD article: Guide to applying for a student visa


occupation

Employment is defined as non-self-employed work, particularly within an employment relationship. Indications of employment include work carried out in accordance with instructions and integration into the work organization of the person giving the instructions.

Related legal source: Section 7 para. 1 SGB IV

Related VISAGUARD article: Labour and employment migration law


Employment stay

Employment stays are all stays of foreigners in Germany for the purpose of dependent employment.

Related legal source: Section 4 of the Residence Act

Related VISAGUARD article: Labour and employment migration law

Employment tolerance

A foreign national who is required to leave the country and his or her spouse or life partner who entered the federal territory by 31 December 2022 will generally be granted an employment toleration permit if their identities have been clarified, the foreign national who is required to leave the country has been in possession of a toleration permit for at least twelve months, the foreign national who is required to leave the country has sufficient oral knowledge of the German language and the foreign national who is required to leave the country has been in employment subject to social insurance contributions with regular working hours of at least 20 hours per week for at least twelve months.

Related legal source: Section 60d Residence Act

Related VISAGUARD article: International Law and Humanitarian Obligations


Employment Ordinance (BeschV)

The Employment Ordinance (BeschV) controls the immigration of foreign workers and determines the conditions under which they and foreign nationals already living in Germany can be admitted to the labor market.

Related legal source: Section 1 BeschV

Related VISAGUARD article: Labour and employment migration law


Accelerated skilled worker procedure

The accelerated skilled worker procedure ("Fast-Track Procedure") is a special administrative procedure designed to simplify and accelerate the migration of skilled workers (see Section 81a of the Residence Act ). Employers can apply for the accelerated skilled worker procedure at the competent immigration authority for a fee of €411 on behalf of the foreigner (see Section 31a of the Residence Ordinance ).

Related legal source: Section 81a Residence Act

Related VISAGUARD article: Accelerated skilled worker procedure


Complaint

The parties involved and anyone else affected by the decision may appeal to the Higher Administrative Court against decisions of the Administrative Court, the presiding judge or the rapporteur which are not judgments or court orders.

Related legal source: Section 146 para. 1 VwGO

Related VISAGUARD article: Legal proceedings visa law Germany

Special requirements for granting

Special conditions for issuing a residence permit are those that constitute the actual purpose for issuing a residence permit (i.e., education, employment, humanitarian stay, family reunification). In certain cases, residence permits can also be issued without special conditions.

Related legal source: Section 7 para. 1 sentence 2 Residence Act

Related VISAGUARD article: Guide to applying for a residence permit


Best Friends countries

Best Friends countries are the following: Andorra, Australia, Israel, Japan, Canada, the Republic of Korea, Monaco, New Zealand, San Marino, the United Kingdom of Great Britain and Northern Ireland, and the USA. Citizens of Best Friends countries can be granted a residence permit under simplified conditions.

Related legal source: Section 26 para. 1 BeschV

Related VISAGUARD article: Country pages (including Best Friends)


Participation requirement

The participation requirement refers to the requirement that the Federal Employment Agency must approve the issuance of a residence permit by the immigration authorities. In a broader sense, the participation requirement can also include the approval of other authorities (e.g., recognition authorities).

Related legal source: Section 39 Residence Act

Related VISAGUARD article: Obtaining a work permit


In-company training and further education

A residence permit for the purpose of in-company training and further education shall be granted if the Federal Employment Agency has given its consent in accordance with Section 39 or if the Employment Ordinance or an intergovernmental agreement stipulates that training and further education is permissible without the consent of the Federal Employment Agency.

Related legal source: Section 16a Residence Act

Related VISAGUARD article: Guide to applying for a student visa


Works agreement

The works agreement is a contract between the employer and the works council, which not only establishes the rights and obligations of these parties, but also (like a law or collective agreement) formulates binding standards for all employees of a company.

Related legal source: Section 77 BetrVG

Related VISAGUARD article: Expat Law

Works Constitution Act (BetrVG)

The Works Constitution Act (BetrVG) primarily regulates the legal framework for associations of employees in Germany (e.g. trade unions and works councils).

Related legal source: §§ 1 ff. BetrVG

Related VISAGUARD article: Expat Law


foreign students

Educational foreigners are foreigners who did not complete their educational qualifications within Germany or at a German university.

Related legal source: Section 20a Residence Act

Related VISAGUARD article: Apply for an Opportunity Card


Educational migration

Educational migration is the umbrella term for immigration for the purpose of acquiring school, academic or professional qualifications.

Related legal source: §§ 16 ff. AufenthG

Related VISAGUARD article: Apply for a study visa , Guide to applying for a training visa


Domestic flight

An internal flight is a flight exclusively to and from the territory of the Contracting Parties, without landing in the territory of a third country.

Related legal source: Article 1 of the Schengen Implementing Convention of 31 March 2006

Related VISAGUARD article: Schengen Visa


internal borders

Internal borders are the common land borders of the EU states as well as their airports for internal flights and their seaports for regular ferry connections.

Related legal source: Article 1 of the Schengen Implementing Convention of 31 March 2006

Related VISAGUARD article: Schengen Visa


Internal migration

Internal migration refers to migration within specific regions (e.g., within Germany or within the European Union). Within the EU, a distinction is made between internal labor migration (e.g., long-term mobility with the Blue Card (see Section 18i of the Residence Act )) and internal refugee migration (see the Dublin Regulation ).

Related legal source: Schengen Implementing Convention of 31 March 2006

Related VISAGUARD article: Schengen Visa

Biometric data

Biometric data is generally understood to refer primarily to fingerprints. Immigration authorities are permitted to collect, store, and process biometric data under certain conditions. In practice, this primarily occurs when issuing a residence permit.

Related legal source: Section 49 Residence Act

Related VISAGUARD article: Data protection for foreigners


EU Blue Card

The EU Blue Card is the best temporary residence permit. It can be issued as a visa or a residence permit. A Blue Card is issued if the applicant earns a certain salary and has a recognized academic qualification or sufficient professional experience in the IT sector (Section 18g, Paragraph 2 of the Residence Act). A distinction is generally made between the "large" Blue Card and the "small" Blue Card for occupations with a shortage of skilled workers.

Related legal source: Section 18g Residence Act

Related VISAGUARD article: EU Blue Card


Interest in staying

The interest in remaining is the opposite of the interest in expulsion. When a foreigner is expelled, the interest in remaining is weighed against the interest in expulsion. The law lists numerous factors that must be considered when assessing the interest in remaining.

Related legal source: Section 55 Residence Act

Related VISAGUARD article: Interest in deportation


Bona Fide Visa

"Bona fide" (Latin: "in good faith") in the visa context refers to a person who is not considered to pose a risk to their residence or security law—in particular, no risk of illegal permanent residence, taking up employment without authorization, or illegal migration. A "bona fide visa" is therefore issued to applicants whom the authorities are convinced are willing to return and are honest in their request.

Related legal source: Visa Handbook

Related VISAGUARD article: Schengen Visa

Message

The German embassies are a form of foreign representations that have various constitutional tasks abroad (e.g. issuing visas).

Related legal source: Section 3 para. 1 GAD

Related VISAGUARD article: Authorities & Public Resources Migration

ambassador

The ambassador is the head of a German embassy abroad and the personal representative of the Federal President to the head of state of the receiving state.

Related legal source: Section 3 paragraph 3 sentence 2 GAD

Related VISAGUARD article: Authorities & Public Resources Migration


Federal Employment Agency (BA)

The Federal Employment Agency (BA) is the central labor market policy authority in Germany. It is a federal corporation under public law with self-governance and is subject to the legal supervision of the Federal Ministry of Labor and Social Affairs. The relevance of the Federal Employment Agency in residence law arises in particular from its task of admitting foreign nationals to the labor market (AMZ Team). The Employer Service of the Federal Employment Agency (AG-S Team) is also relevant in labor migration law.

Related legal source: § 367 SGB III

Related VISAGUARD article: Authorities & Public Resources Migration


Federal Office for Foreign Affairs (BfAA)

The Federal Office for Foreign Affairs (BfAA) performs the federal government's tasks in the field of foreign affairs assigned to it by law. The BfAA is subordinate to the Federal Foreign Office and serves as its "back office" for straightforward visa applications.

Related legal source: §§ 1 ff. BfAAG

Related VISAGUARD article: Authorities & Public Resources Migration


Federal Office for Migration and Refugees (BAMF)

The Federal Office for Migration and Refugees (BAMF) is a German federal authority that performs various tasks in the area of migration law. In particular, the BAMF decides on asylum applications.

Related legal source: Section 5 para. 1 Asylum Act

Related VISAGUARD article: Authorities & Public Resources Migration

Federal Archives

The Federal Archives stores documents, films, and historically relevant information. The federal government maintains a Federal Archive as an independent higher federal authority, subject to the administrative and technical supervision of the highest federal authority responsible for culture and media.

Related legal source: § 2 BArchG

Related VISAGUARD article: Authorities & Public Resources Migration


Federal Training Assistance Act (BAföG)

The abbreviation “BAföG” refers to the social benefit that results from the BAföG Act and with the help of which pupils and students (including foreign students) can secure their livelihood during their training stay in Germany.

Related legal source: §§ 1 ff. BAföG

Related VISAGUARD article: Applying for a student visa


Federal Data Protection Act (BDSG)

The Federal Data Protection Act (BDSG) regulates the rights and obligations of data processing bodies in Germany. In immigration law, the BDSG is relevant for foreigners' claims for information against the Federal Criminal Police Office (BKA) regarding the Schengen Information System (SIS).

Related legal source: § 57 BDSG

Related VISAGUARD article: Data protection for foreigners


Federal Criminal Police Office (BKA)

The Federal Criminal Police Office (BKA) is a German federal authority that performs various tasks in the field of criminal investigations. In immigration law, the BKA is particularly relevant as the addressee of SIS information requests.

Related legal source: Section 1 para. 1 BKAG

Related VISAGUARD article: Criminal law for foreigners

Federal Ministry of the Interior (BMI)

Federal Ministry of the Interior (BMI): The Federal Ministry of the Interior (BMI) is a German ministry and thus part of the federal government. Administratively, the BMI is a federal authority within the meaning of the Administrative Procedure Act (VwVfG) (see Section 1 VwVfG ). The BMI is particularly relevant in immigration law, as it is the highest federal authority at the apex of the migration administration hierarchy and issues administrative instructions for subordinate authorities (see, for example, the BMI's General Administrative Regulations on the Residence Act ).

Related legal source: Joint Rules of Procedure of the Federal Ministries

Related VISAGUARD article: Authorities & Public Resources Migration


Federal Ministry of Labour and Social Affairs (BMAS)

The Federal Ministry of Labor and Social Affairs (BMAS) is a German ministry and thus part of the federal government. Administratively, the BMAS is a federal authority within the meaning of the Administrative Procedure Act (VwVfG) (see Section 1 VwVfG ). The BMAS is particularly relevant to immigration law, as it is the competent authority that continuously processes the Employment Regulations (BeschV).

Related legal source: Joint Rules of Procedure of the Federal Ministries

Related VISAGUARD article: Authorities & Public Resources Migration

Federal Vacation Act (BurlG)

In Germany, every employee is entitled to paid vacation time every calendar year. The terms of employee vacation are regulated by the Federal Vacation Act (BUrlG).

Related legal source: § 1 BUrlG

Related VISAGUARD article: Vacation law for foreigners


Federal Constitutional Court (BVerfG)

The Federal Constitutional Court is the highest court in Germany. It is a federal court, autonomous and independent of all other constitutional bodies. Its seat is in Karlsruhe. The Federal Constitutional Court consists of two senates, each with eight judges (loc. cit.).

Related legal source: § 1 BVerfGG

Related VISAGUARD article: Legal proceedings visa law Germany

Federal Constitutional Court Act (BverfGG)

The Federal Constitutional Court Act regulates the jurisdiction, procedure, and organization of the Federal Constitutional Court. Since the last reform, parts of the Federal Constitutional Court's organization have been directly regulated in the Basic Law.

Related legal source: Federal Constitutional Court Act (BverfGG)

Related VISAGUARD article: Legal proceedings visa law Germany


Federal Expellees Act (BVFG)

The Federal Expellees Act regulates the rights and obligations of people who fled Germany as a result of expulsion (in particular through expulsion or flight) during the Second World War (see Section 1 Paragraph 1 BVFG ).

Related legal source: Section 1 para. 1 BVFG

Related VISAGUARD article: International Law and Humanitarian Obligations

Federal Office of Administration (BVA)

The Federal Office of Administration (BVA) is an independent federal authority within the purview of the Federal Ministry of the Interior (BMI). The Federal Office of Administration primarily deals with the affairs of emigrants (e.g., renunciation and release from German citizenship) and the naturalization of emigrants pursuant to Sections 13 and 14 of the StAG (German Citizenship Act). The Federal Office of Administration is also responsible for the Central Register of Foreigners (AZR) in accordance with the instructions of the Federal Office for Migration and Refugees (BAMF) (see Section 1, Paragraph 1, Sentence 2 of the AZRG ).

Related legal source: Section 1 BVwAG

Related VISAGUARD article: Authorities & Public Resources Migration


Federal Administrative Court (BVerwG)

The Federal Administrative Court (BVerwG), based in Leipzig, is the highest administrative court in Germany. The Federal Administrative Court hears appeals against judgments of the administrative courts and higher administrative courts.

Related legal source: § 49 VwGO

Related VISAGUARD article: Legal proceedings visa law Germany

Federal Central Register

The Federal Central Criminal Register is a database containing criminal records of all persons residing in Germany. The BZRG is maintained by the Federal Office of Justice.

Related legal source: Section 1 BZRG

Related VISAGUARD article: Data protection for foreigners


Civic engagement

Civic engagement is a voluntary, unpaid commitment oriented towards the common good based on the free democratic basic order.

Related legal source: BT-Drs. 19/14336, 11

Related VISAGUARD article: Naturalization after 3 years

Business Immigration Service (BIS)

The Business Immigration Service (BIS) is a special department of the State Office for Immigration (LEA). The BIS offers employers support in the area of skilled immigration to strengthen Berlin as a business location.

Related legal source: §§ 18 ff. AufenthG

Related VISAGUARD article: Authorities & Public Resources Migration

Business visa

Business visas are Schengen visas issued for the purpose of a business trip to Germany.

Related legal source: Section 16 BeschV

Related VISAGUARD article: Business visa and business travel

Fine (Residence Act)

A fine is a monetary payment imposed for a minor violation of the law due to an administrative offence.

Related legal source: § 98 AufenthG , OWiG

Related VISAGUARD article: Criminal law for foreigners

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