Data protection (right of residence)
In residence law, data protection usually refers to the legal framework for the processing of personal data by the migration authorities.
Related legal source: §§ 86 ff. Residence Act
Related VISAGUARD article: Data protection for foreigners
Duration of stay
The length of stay is generally determined by the duration of the residence permit. The duration of the permit varies depending on the purpose of the stay. Under labor migration law and for training, the residence permit is generally issued for the duration of the employment (up to four years for a permanent contract) or the training.
Related legal source: Section 18 para. 4 Residence Act , Section 26 Residence Act , Section 27 para. 4 Residence Act
Related VISAGUARD article: Residence permit
Permanent Residence Directive (Directive 2003/109/EC)
The Long-Term Residence Directive regulates the conditions under which a Member State may grant or withdraw long-term resident status to a third-country national legally residing in its territory, as well as the rights associated with that status. In Germany, the Long-Term Residence Directive was transposed into national law with Sections 9a, b, and c of the Residence Act .
Related legal source: Article 1 of Directive 2003/109/EC
Related VISAGUARD article: European settlement permit (permit for permanent residence in the EU)
Permanent work permit
A permanent work permit is granted when foreign nationals have been granted unlimited access to the labor market by the Federal Employment Agency. This is usually the case if the foreign national has been granted a residence permit for employment purposes and has legally held a job subject to compulsory social security contributions in Germany for two years.
Related legal source: Section 9 BeschV
Related VISAGUARD article: Unlimited work permit (Section 9 BeschV)
Deficit notice
The deficit notice is an administrative act issued by a recognition authority in Germany that determines the extent to which a foreigner's education complies with German standards. The deficit notice also specifies which compensatory measures are necessary for full recognition.
Related legal source: Section 16d Residence Act
Related VISAGUARD article: Apply for a deficit notice
Dependent visa
"Dependent visa" is another term for family reunification visas. The dependent visa usually refers to the spouse visa.
Related legal source: §§ 27 ff. Residence Act
Related VISAGUARD article: Spouse reunification
German language skills
German language skills are usually divided into the ability levels “basic” (A1), “sufficient” (A2), “adequate” (B1), “good” (B2) and “mastery” (C1).
Related legal source: Section 2 paragraphs 9 – 12 Residence Act
Related VISAGUARD article: Requirements for a permanent residence permit
German language test for university entrance (DSH)
The German Language Examination for University Entrance (DSH) is a language proficiency test designed to measure the German language skills required by foreign applicants for university studies in Germany.
Related legal source: Section 16b Residence Act
Related VISAGUARD article: Applying for a student visa
German ethnic group
A German is anyone who holds German citizenship or who has been admitted to the territory of the German Reich as a refugee or expellee of German ethnic origin, or as the spouse or descendant of such a person, as of December 31, 1937 ( Article 116 of the Basic Law ). The Residence Act does not apply to Germans (Section 1 of the Residence Act ).
Related legal source: Article 116 of the Basic Law
Related VISAGUARD article: More VISAGUARD articles
German language promotion
Integration into the labor market can be supported through vocational German language training measures. These measures generally build on the general language support provided in integration courses. Vocational German language training 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 Residence Act , German Language Promotion Ordinance – DeuFöV
Related VISAGUARD article: More VISAGUARD articles
German Language Promotion Ordinance (DeuFöV)
(DeuFöV): The German Language Promotion Ordinance (DeuFöV) regulates the implementation of job-related German language support in accordance with Section 45a of the Residence Act.
Related legal source: §§ 1 ff. DeuFöV
Related VISAGUARD article: Laws in immigration law
Freedom to provide services
The freedom to provide services is one of the European freedoms of movement. Restrictions on the freedom to provide services within the Union for nationals of Member States residing in a Member State other than that of the recipient of the service are prohibited under EU law.
Related legal source: Article 56 TFEU
Related VISAGUARD article: Guide to EU Freedom of Movement
Diplomat/Diplomatic Representative (VCDR)
In the Vienna Convention on Diplomatic Relations, "diplomatic representative" refers to the head of mission and the members of the mission's diplomatic staff. In common parlance, a diplomat is therefore understood to be the head of an embassy or consulate.
Related legal source: Vienna Convention on Consular Relations (VCCR) of 24 April 1963
Related VISAGUARD article: Diplomats and international organizations
Diplomatic privilege
Diplomatic privilege (also known as diplomatic immunity) is a special right recognized under international law that grants foreign diplomats and members of diplomatic missions in the receiving state certain legal privileges and immunities. These regulations serve the purpose of ensuring the unhindered fulfillment of diplomatic duties, regardless of the domestic policy or jurisdiction of the receiving state.
Related legal source: Section 18 GVG
Related VISAGUARD article: Diplomats and international organizations
Diplomatic Representative (VCDR)
In the Vienna Convention on Diplomatic Relations, "diplomatic representative" means the head of mission and the members of the diplomatic staff of the mission.
Related legal source: Vienna Convention on Consular Relations (VCCR) of 24 April 1963
Related VISAGUARD article: Diplomats and international organizations
Prohibition of discrimination
The prohibition of discrimination is a European legal provision prohibiting any discrimination based on nationality within the EU (see Section 18 TFEU ). The prohibition of discrimination applies, for example, to the freedom to provide services, the free movement of capital, the free movement of persons, and the free movement of goods. Depending on the context, the provisions of the General Equal Treatment Act (AGG) may also fall under the prohibition of discrimination.
Related legal source: Section 18 TFEU
Related VISAGUARD article: Guide to EU Freedom of Movement
Documentation obligation (employer)
The documentation requirement for employers stipulates that when employing foreign nationals, employers must keep a copy of the foreign national's residence permit, work permit from the Federal Employment Agency or certificate of permission to stay or suspension of deportation in electronic or paper form for the duration of the employment.
Related legal source: Section 4a paragraph 5 sentence 2 no. 2 Residence Act
Related VISAGUARD article: Employer obligations under Section 4a of the Residence Act
Third country/third-country national
Third countries are all countries that are neither the Federal Republic of Germany nor part of the European Union. Third-country nationals are citizens of countries that are not members of the European Union or the European Economic Area (EEA).
Related legal source: Preliminary remarks on the Residence Act (AufenthG)
Related VISAGUARD article: Guide to applying for a visa
Dublin Regulation (Regulation (EU) No. 604/2013
The Dublin Regulation is a regulation of the European Union that regulates which Member State is responsible for examining an asylum application submitted by a third-country national or stateless person in an EU Member State.
Related legal source: Dublin III Regulation (Regulation (EU) No. 604/2013)
Related VISAGUARD article: International Law and Humanitarian Obligations
toleration
Foreign nationals who cannot be deported are tolerated in Germany. A certificate confirming the suspension of deportation (tolerated deportation) must be issued to the foreign national. Tolerated deportation is not a residence permit, and the regulations governing residence permits do not apply to tolerated deportation.
Related legal source: Section 60a (4) Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Transit
Foreign states may return foreigners from their territory via the federal territory to another state or readmit them from another state via the federal territory back to their territory if they have been authorized to do so by the competent authorities.
Related legal source: Section 74a AufenthG .
Related VISAGUARD article: Applying for a Schengen visa
Transit
Transit: Transit occurs when a foreigner is granted an airport transit visa to pass through the international transit zones of the airports.
Related legal source: Section 6 Paragraph 1 No. 2 Residence Act
Related VISAGUARD article: Applying for a Schengen visa
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