EFTA states
"EFTA" is the abbreviation for European Free Trade Association. The EFTA includes Iceland, Liechtenstein, Norway, and Switzerland. These countries (with the exception of Switzerland) together with the European Union form the European Economic Area (EEA) .
Related legal source:
Related VISAGUARD article: Guide to EU Freedom of Movement
Duration of marriage
The duration of the marriage refers to the period during which a marriage must have existed in order to trigger legal consequences under residence law.
Related legal source: Section 31 Residence Act
Related VISAGUARD article: Applying for a spouse visa
Certificate of no capacity to marry
A certificate of capacity to marry is a certificate issued by the registry office that is required for a marriage abroad. It names both fiancés and confirms that there are no known impediments to the planned marriage under German law.
Related legal source: Section 39 PStG
Related VISAGUARD article: Applying for a spouse visa
Spouse naturalization
Spouses of German citizens should be naturalized if they have been legally resident in the country for three years and the marriage or registered civil partnership has existed for two years (so-called spouse naturalization).
Related legal source: Section 9 StAG
Related VISAGUARD article: Naturalization of spouses in Germany
Spouse reunification
The spouse of a foreign national must be granted a residence permit if the spouse can communicate at least in a basic manner in German and the foreign national has a valid residence permit.
Related legal source: Section 30 Residence Act
Related VISAGUARD article: Applying for a spouse visa
Spousal privilege
Spouse privilege refers to the special privileges afforded to foreign nationals due to their status as spouses. Spouse privilege can, for example, lead to the faster granting of a permanent residence permit or faster naturalization.
Related legal source: Section 9 para. 3a Residence Act , Section 28 para. 2 Residence Act , Section 9 StAG
Related VISAGUARD article: Settlement permit for spouses , Naturalization of spouses
Former Germans
Numerous special rules apply to former Germans in Germany. For example, a former German citizen is granted a settlement permit if they had been habitually resident in the Federal Republic for five years prior to losing their German citizenship, and a residence permit is granted if they had been habitually resident in the Federal Republic for at least one year prior to losing their German citizenship. Furthermore, former German citizens can be renaturalized under simplified conditions.
Related legal source: Section 13 StAG ; Section 38 AufenthG
Related VISAGUARD article: Giving up German citizenship
Former EU Blue Card holder
The term "Former EU Blue Card holder" is a notation added to the residence permit when a settlement permit is issued to an EU Blue Card holder. This is to document that the legal consequences of the Blue Card also apply to the settlement permit holder (e.g., Section 51, Paragraph 10 of the Residence Act ). This practice is particularly practiced by the Berlin State Office for Immigration (LEA), which does not issue Blue Cards in parallel with settlement permits, even though this is illegal.
Related legal source: Section 18g Residence Act
Related VISAGUARD article: Residence permit (overview)
naturalization
German citizenship can be acquired through naturalization. Naturalization becomes effective upon the issuance of the naturalization certificate by the competent authority.
Related legal source: Section 16 StAG
Related VISAGUARD article: Naturalization (overview)
Naturalization Authority
The naturalization authority is the citizenship authority that carries out the respective naturalizations.
Related legal source: § 10 StAG
Related VISAGUARD article: Naturalization in Berlin
Naturalization test
The naturalization test is a knowledge test designed to check whether the naturalization applicant has knowledge of the legal and social system and living conditions in Germany.
Related legal source: Section 10 paragraph 1 sentence 1 no. 7 StAG
Related VISAGUARD article: Naturalization test
Naturalization assurance
A naturalization assurance is a commitment issued by the naturalization authority to process naturalization under certain conditions (e.g., relinquishing another nationality). Since the lifting of the ban on dual citizenship, the naturalization assurance has lost practical relevance.
Related legal source: Section 38 VwVfG
Related VISAGUARD article: Requirements for naturalization
Basic German language skills
Basic German language skills correspond to level A1 of the Common European Framework of Reference for Languages.
Related legal source: Section 2 paragraph 9 Residence Act
Related VISAGUARD article: Requirements for a settlement permit (skilled workers)
entry
Entry refers to the actual crossing of the border into the territory of the Federal Republic of Germany. Entry into and exit from the federal territory is permitted only at authorized border crossing points and during the designated opening hours.
Related legal source: Section 13 Residence Act
Related VISAGUARD article: Border control and entry
Entry and residence ban
As a result of the entry and residence ban, the foreign national may not re-enter or stay in the Federal territory or the territory of other member states of the European Union or other Schengen states, nor may he or she be granted a residence permit. If the foreign national is permitted to enter and stay in another member state of the European Union or another Schengen state, the entry and residence ban does not extend to that member state of the European Union or that Schengen state.
Related legal source: Section 11 paragraph 1 sentence 2 Residence Act
Related VISAGUARD article: Border control and entry
immigration
Immigration is the umbrella term for the actual migration of foreigners to Germany. Immigration is not a legally binding term and is not legally defined in the Residence Act.
Related legal source: §§ 1 ff. Residence Act
Related VISAGUARD article: Border control and entry
Residents' Registration Office
The residents' registration office is usually the registration authority under the Registration Act. The jurisdiction of the residents' registration office is usually based on the place of residence.
Related legal source: §§ 1 ff. BMG
Related VISAGUARD article: Responsibility of the Immigration Office
sole proprietor
A sole trader is a sole proprietor who operates a commercial business within the meaning of the German Commercial Code (HGB) and is therefore registered in the commercial register. Sole traders may use the company name "registered merchant (eK)."
Related legal source: § 1 HGB
Related VISAGUARD article: Visa for self-employed persons
Single judge
Single judges are judges at the Administrative Court. As a rule, the chamber should assign the case to one of its members as a single judge for decision if the case does not present any particular difficulties of a factual or legal nature and the legal matter is not of fundamental importance. A judge on probation may not serve as a single judge during the first year following his or her appointment.
Related legal source: Section 6 VwGO
Related VISAGUARD article: Legal proceedings visa law Germany
Sole proprietorship
A sole proprietorship is the simplest and most common business form in Germany. It is a company managed by a single natural person who is the sole owner. Sole proprietorships do not have their own legal personality; instead, the entrepreneur acts personally. There are no specific regulations governing sole proprietorships, but sole proprietors are required to register a business (unless they are self-employed).
Related legal source: Section 14 GewO
Related VISAGUARD article: Visa for self-employed persons
Electronic Residence Permit (eAT)
The electronic residence permit is a physical plastic card that a foreigner uses to prove their right of residence in Germany. The eAT is similar in appearance and function to the German identity card (see Wikipedia's image of the eAT).
Related legal source: Section 78 Residence Act
Related VISAGUARD article: Electronic Residence Permit (eAT)
Parental allowance
Parental allowance is a state social benefit that parents (including foreign nationals) can apply for and receive. According to Section 2 Paragraph 3 No. 4 of the Residence Act, parental allowance is not covered by the ban on social benefits for foreign nationals.
Related legal source: Section 1 BEEG
Related VISAGUARD article: Child reunification
Parental reunification
Parental reunification in Germany is possible as a short-term (Schengen) stay or long-term with a D visa for parents.
Related legal source: Section 36 Residence Act
Related VISAGUARD article: Parental visa
Employer of Record
An Employer of Record (EOR) is a formal employer who employs workers and then lends them to other companies (so-called temporary employment under the Temporary Employment Act (AÜG ). Employers of record are particularly useful when the actual employer (i.e., the borrower) is located abroad and a domestic employment relationship is required for the issuance of a residence permit (see Section 39 (2) Sentence 1 No. 3 of the Residence Act ).
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: Temporary employment
Shortage occupations
A shortage occupation (also known as a shortage occupation) refers to an occupation in which there is a shortage of skilled workers. The term is not legally defined, but is used in various labor migration contexts. STEM subjects (especially IT specialists) are generally considered shortage occupations, which is why simplified migration into this area is possible (see, for example , Section 18g Paragraph 1 Sentence 2 of the Residence Act ).
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: EU Blue Card requirements
Continued Remuneration Act (EntgFG)
The Continued Remuneration Act (EntgFG) regulates the payment of wages on public holidays and the continued payment of wages to employees in the event of illness, as well as financial security in the area of home working for public holidays and in the event of illness.
Related legal source: §§ 1 EntgFG
Related VISAGUARD article: Expat Law
Entry/Exit System (EES)
The Entry/Exit System (EES) is an automated IT system for registering travelers from third countries, both those with short-stay visas and those without a visa, whenever they cross an external border of the EU. The system records the person's name, type of travel document, biometric data (fingerprints and facial images), and the date and place of entry and exit.
Related legal source: 2016/0105 (COD) of the European Commission
Related VISAGUARD article: Border control and entry
Posting
A secondment is when an employee is sent to another country for a limited period of time to perform work. There are different types of secondments (e.g., short-term and long-term), and a fundamental distinction must be made between secondments to Germany and secondments from Germany.
Related legal source: Posted Workers Act (AEntG)
Related VISAGUARD article: Secondments to Germany
Experience pillar
The term “experience pillar” refers to the possibility of immigration to Germany of workers who have acquired special qualifications through professional experience.
Related legal source: Section 6 BeschV
Related VISAGUARD article: Visa professional experience
Relaxing holiday
Vacation: Every employee is entitled to paid vacation each calendar year. This vacation entitlement amounts to at least 24 working days per year (based on a 6-day workweek).
Related legal source: § 3 BUrlG
Related VISAGUARD article: Vacation law
Right of declaration
By declaring their desire to become German citizens, children of a German parent who did not acquire German citizenship by birth, among others, acquire German citizenship. This right of declaration can only be exercised within ten years of the entry into force of the Nationality Act (Section 5 (3) of the Nationality Act).
Related legal source: § 5 StAG
Related VISAGUARD article: Citizenship law
EU permanent residence permit
The EU Permanent Residence Permit is a permanent residence permit and the best residence permit available in Germany. It is issued after the foreigner has resided in Germany for five years. A major advantage of the EU Permanent Residence Permit is that it allows for long stays abroad without the EU Permanent Residence Permit expiring (see Section 51 Paragraph 9 of the Residence Act ).
Related legal source: Section 9a Residence Act
Related VISAGUARD article: European settlement permit (permit for permanent residence in the EU)
Extinction
When a residence permit expires, it becomes invalid. Further legal residence based on that permit is no longer possible.
Related legal source: Section 51 Residence Act
Related VISAGUARD article: Expiry of residence permits
Reason for termination
The Residence Act provides for numerous reasons for expiry: expiry of the period of validity, occurrence of a condition subsequent, withdrawal/revocation of the residence permit, expulsion and deportation of the foreigner, permanent departure, departure for more than 6 months (12 months for a Blue Card) and, in some cases, filing an application for asylum.
Related legal source: Section 51 Residence Act
Related VISAGUARD article: Expiry of residence permits
Exercise of discretion
In discretionary decisions, the law grants the authority a margin of discretion within which it can choose between several legally permissible options, such as granting or rejecting a decision, or between various alternatives for granting a decision. This discretion can also relate to the formal procedure of an authority (so-called procedural discretion).
Related legal source: Section 40 VwVfG
Related VISAGUARD article: Authority discretion
Discretionary naturalization
Discretionary naturalization refers to the naturalization of a foreigner in Germany based on a discretionary decision by the authorities. In general, it is relatively difficult to become naturalized through a discretionary decision by the authorities, as the discretionary regulations for naturalization are very restrictive (e.g., authorities often require the existence of a "public interest" for discretionary naturalization).
Related legal source: Section 8 StAG
Related VISAGUARD article: Authority discretion
Substitute jurisdiction
A foreigner may obtain a national visa from the immigration authority responsible at the seat of the Federal Foreign Office (Landesamt für Einwanderung (LEA) Berlin) if the Federal Republic of Germany does not have a foreign mission in the country of his or her habitual residence or if this mission is temporarily unable to issue visas and the Federal Foreign Office has not authorized another foreign mission to issue visas.
Related legal source: Section 38 Residence Ordinance
Related VISAGUARD article: Responsibility of the Immigration Office
Labor migration
Economic migration is an umbrella term for the various residence permits for employment purposes. Unlike labor migration, economic migration also includes self-employment and freelancing.
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: Visa for self-employment in Germany
Potential workforce
The potential labor force refers to the total number of all employed persons, including an estimated hidden reserve, that is potentially available to the labor market.
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: Employment in Germany
employment
The term "gainful employment" is a central concept in German residence law and refers to any self-employed or employed activity intended to generate income. Gainful employment is more comprehensive than employment, as employment only encompasses dependent work for an employer, while gainful employment also encompasses self-employment.
Related legal source: Section 2 paragraph 2 Residence Act
Related VISAGUARD article: Employment in Germany
EU countries
EU member states are the sovereign states that have joined the European Union and thus participate in its political, economic, and legal structures. They are obliged to implement and apply EU primary and secondary law. Currently, there are 27 EU member states . The EU member states should not be confused with the EEA member states, nor are they identical with the Schengen states.
Related legal source: Freedom of Movement Act (FreizügG/EU)
Related VISAGUARD article: Guide to EU Freedom of Movement
EU Visa Regulation (Regulation (EU) 2018/1806)
The EU Visa Regulation (Regulation (EU) 2018/1806) establishes the list of third countries whose nationals require a visa when crossing the external borders of the Member States (Annex I) and the list of those whose nationals are exempt (Annex II). The regulation is directly applicable EU law and applies in all member states of the Schengen area.
Related legal source: EU Visa Regulation (Regulation (EU) 2018/1806)
Related VISAGUARD article: Laws in immigration law
EURODAC Regulation (Regulation (EU) No. 603/2013)
The EURODAC Regulation regulates the conditions under which EU Member States may share biometric data (especially fingerprints) with each other in order to enable effective implementation of the Dublin Regulation.
Related legal source: EU Regulation No. 603/2013 of 26 June 2013
Related VISAGUARD article: Data protection for foreigners
Eurojust
Eurojust is an agency of the European Union based in The Hague that supports the exchange of information and the coordination of cross-border criminal investigations and prosecutions between the judicial authorities of the Member States.
Related legal source: Regulation (EU) 2018/1727
Related VISAGUARD article: Data protection for foreigners
European Voluntary Service
The European Voluntary Service is a program of practical, solidarity-based activity based on a scheme recognized by the Member State or the Union concerned, pursuing non-profit-making objectives of general interest, and where the activities are unpaid, with the exception of reimbursement of expenses and/or pocket money (see Article 3(7) of Directive EU 2016/801 ). A foreign national will be granted a residence permit for the purpose of participating in a European Voluntary Service if the Federal Employment Agency has approved it, or if the Employment Regulations or an intergovernmental agreement stipulate that participation in a European Voluntary Service is permissible without the approval of the Federal Employment Agency.
Related legal source: Section 19e Residence Act
Related VISAGUARD article: Internship visa
European Court of Justice (ECJ)
The Court of Justice of the European Union (ECJ) gives preliminary rulings on the interpretation of the European founding treaties and on the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union.
Related legal source: Art. 267 TFEU
Related VISAGUARD article: Legal proceedings visa law Germany
European Court of Human Rights (ECHR)
The European Court of Human Rights (ECtHR) monitors the implementation of human rights in the EU, in particular compliance with the European Convention on Human Rights (ECHR) by the Member States.
Related legal source: Article 19 et seq. ECHR
Related VISAGUARD article: Legal proceedings visa law Germany
European law
European law is supranational law in Europe (in particular, directives and regulations). European law aims to harmonize national legislation within the EU, while allowing Member States a certain degree of sovereignty in implementing the law (see Articles 335 et seq. TFEU ).
Related legal source: Treaty on the Functioning of the European Union (TFEU)
Related VISAGUARD article: Guide to EU Freedom of Movement
European Travel Information and Authorization System (ETIAS)
The European Travel Information and Authorization System (ETIAS) is an electronic travel authorization system of the European Union for visa-exempt third-country nationals (e.g., British and US citizens). ETIAS is not yet in force (as of January 2025), and so far, only its establishment has been approved by the EU.
Related legal source: EU Regulation 2018/1240 of 12 September 2018
Related VISAGUARD article: Border control and entry
Europol
Europol is an EU agency based in The Hague that supports EU member states in combating serious, cross-border crime and terrorism. It does not have executive powers itself, but serves as an information hub, analysis center, and coordination point for law enforcement authorities in the EU.
Related legal source: Article 88 TFEU
Related VISAGUARD article: Criminal law for foreigners
Eurosur
“EUROSUR” refers to the framework for the exchange of information and cooperation between the European Member States and the European Border and Coast Guard Agency (Frontex) (see Article 2 No. 9 of EU Regulation 2019/1896 ).
Related legal source: EU Regulation 2019/1896
Related VISAGUARD article: Data protection for foreigners
EEA states
The European Economic Area was established in 1994 by an agreement between the European Union (EU) and the EFTA states Iceland, Liechtenstein, and Norway (see EEA Legal Collection (as of August 6, 2020) . The members of the EEA form a common market. In addition to the EU members, the EEA states also include Iceland, Liechtenstein, and Norway.
Related legal source: EEA Legal Collection
Related VISAGUARD article: Guide to EU Freedom of Movement
Expat
The term expat (short for expatriate, from the Latin ex patria = “from the fatherland”) refers to a person who takes up residence or center of life temporarily or permanently outside their country of origin without changing their nationality.
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: Expat Law
Expat insurance
Expat insurance is an insurance solution specifically designed for individuals who are temporarily or permanently residing abroad without establishing permanent residence or changing their nationality. Expat insurance does not constitute substitute health insurance and is therefore not sufficient for obtaining a Type D visa or residence permit.
Related legal source: Section 2 paragraph 3 Residence Act
Related VISAGUARD article: Health insurance for foreigners
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
