Specialist lawyer for migration law
Specialist lawyer for migration law is a professional title for lawyers who have demonstrated to the Bar Association special theoretical knowledge and special practical experience in migration law.
Related legal source: Section 2 FAO
Related VISAGUARD article: VISAGUARD Attorneys Services
University of Applied Sciences
Universities of Applied Sciences are state or state-recognized institutions of higher education that offer degree programs with a high practical component and are authorized to award academic degrees (such as Bachelor's or Master's degrees). Teaching often includes internships, projects in cooperation with companies, and lecturers with professional experience outside of the university.
Related legal source: §§ 1 ff. HRG
Related VISAGUARD article: Study visa
specialist
A skilled worker within the meaning of the Residence Act is a foreigner who has completed a qualified vocational training in Germany or a foreign professional qualification equivalent to a qualified vocational training in Germany (skilled worker with vocational training) or who has a German, a recognized foreign or a foreign university degree comparable to a German university degree (skilled worker with academic training).
Related legal source: Section 18 para. 3 Residence Act
Related VISAGUARD article: Skilled Immigration to Germany
Skilled immigration
Skilled immigration refers to the migration of skilled workers (i.e., foreigners with recognized qualifications) to Germany. This is regulated by several skilled immigration laws.
Related legal source: Art. 1 ff. Skilled Immigration Act
Related VISAGUARD article: Skilled Immigration to Germany
Skilled Immigration Act (FEG)
The Skilled Immigration Act of August 15, 2019, is a so-called article law that comprehensively reformed the Residence Act (AufenthG) in the area of skilled immigration. The Skilled Immigration Act has since been amended several times, most recently by the Act on the Further Development of Skilled Immigration of August 16, 2023 ( Federal Law Gazette 2023 I No. 217 ).
Related legal source: FachKrEG G. v. 15.08.2019 (BGBl. I p. 1307 (No. 31)
Related VISAGUARD article: Skilled Immigration to Germany
Skilled worker pillar
The skilled labor pillar refers to the possibility of skilled workers migrating to Germany. Along with the experience pillar and the potential pillar, it is part of the so-called "pillars" of labor migration.
Related legal source: Summary of the key points on skilled immigration from the Federal Ministry of the Interior (BMI)
Related VISAGUARD article: Skilled Immigration to Germany
Skilled worker strategy
The Skilled Labor Strategy is a package of measures implemented by the German Federal Government. It aims to effectively address the shortage of skilled workers in Germany and ensure the long-term availability of qualified workers for the economy. It includes initiatives to strengthen training and continuing education, improve working conditions, promote work-life balance, and target the recruitment and integration of international skilled workers.
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: Skilled Immigration to Germany
Optional participation
Optional participation occurs when the immigration authorities involve the Federal Employment Agency, even though participation is not mandatory.
Related legal source: Section 72 para. 7 Residence Act
Related VISAGUARD article: Obtaining a work permit
Family life partnership
A family partnership refers to a close, long-term community of people who are connected by a special personal relationship. Typical characteristics include shared living, mutual support in everyday life, and a mutual obligation to care for one another. The actual existence of a family partnership is often a prerequisite for the granting of a corresponding residence permit.
Related legal source: Section 27 Residence Act
Related VISAGUARD article: Spouse visa
Family members
In residence law, family members are usually defined as spouses and children (the so-called nuclear family). Under certain circumstances, parents and other family members may also be able to invoke family reunification regulations (see Section 36 of the Residence Act ). A different definition of family is sometimes used in freedom of movement law.
Related legal source: §§ 27 ff. Residence Act
Related VISAGUARD article: Family reunification
family unit
The family unit refers to the totality of family relationships and the cohabitation of persons connected by descent, marriage, civil partnership, or a parent-like relationship. The family unit is protected by the Basic Law.
Related legal source: Article 6 of the Basic Law
Related VISAGUARD article: Family reunification
Family reunification
Family reunification is the umbrella term for various legal provisions that regulate the granting of a residence permit to family members of Germans or foreigners.
Related legal source: §§ 27 ff. Residence Act
Related VISAGUARD article: Family reunification
Family Reunification Directive (Directive 2003/86/EC )
The Family Reunification Directive lays down the conditions for the exercise of the right to family reunification by third-country nationals legally residing in the territory of the Member States.
Related legal source: Article 1 of Directive 2003/86/EC of 22 September 2003
Related VISAGUARD article: Family reunification
Fictitious certificate
A fictitious certificate is a document issued by the immigration authorities that proves the existence of a fictitious effect. An image of a fictitious certificate is available in Annex D3 to the Residence Ordinance .
Related legal source: Section 81 (5) Residence Act
Related VISAGUARD article: Guide to applying for a fictitious certificate
Fictional effect
If a foreigner applies for an extension of his or her residence permit or for the issuance of a different residence permit before the expiration of his or her current residence permit, the previous residence permit is deemed to continue to apply from the date of expiration until the decision of the immigration authorities. This fictional effect does not apply to Schengen visas.
Related legal source: Section 81 para. 4 Residence Act
Related VISAGUARD article: Guide to applying for a fictitious certificate
Foundling
A child found in the country is a foundling.
Related legal source: Section 4 para. 2 StAG
Related VISAGUARD article: German Citizenship Law
refugee
A foreigner is a refugee within the meaning of the Convention of 28 July 1951 relating to the Status of Refugees (Federal Law Gazette 1953 II p. 559, 560) if he or she is outside the country (country of origin) of which he or she is a national and whose protection he or she is unable or, because of this fear, is unwilling to avail himself or herself of, or in which he or she, as a stateless person, had his or her previous habitual residence and to which he or she is unable or, because of this fear, is unwilling to return.
Related legal source: Section 3 (1) Asylum Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Airport transit visa
A foreigner may apply for an airport transit visa to transit through the international transit zones of airports.
Related legal source: Section 6 Paragraph 1 No. 2 Residence Act
Related VISAGUARD article: Airport transit
Formal requirements (Residence Act)
In principle, there are no formal requirements for applications for a residence permit (visa and residence permit). Official practice (particularly at embassies) does provide for visa appointments, but these are not mandatory. However, the authorities do have a formal requirement for granting or rejecting residence permits.
Related legal source: Section 81 para. 1 Residence Act , Sections 77 ff. Residence Act
Related VISAGUARD article: Residence permit application
Research (Residence Act)
Research refers to the systematic and methodical process of gaining new knowledge, testing existing theories, or developing new methods and technologies. Researchers can obtain a residence permit for Germany (if, among other things, they are employed by a recognized research institution).
Related legal source: §§ 18d ff. Residence Act
Related VISAGUARD article: Researcher visa
Freelancer
Freelancers are a special type of self-employed individual. They are subject to simplified requirements for obtaining a residence permit. However, only certain professional groups are considered freelancers, such as scientists, artists, writers, doctors, lawyers, notaries, engineers, architects, auditors, tax consultants, economists, journalists, and interpreters (see Section 18 of the Income Tax Act ). Anyone who is not a freelancer must apply for the standard entrepreneur visa as a self-employed individual.
Related legal source: Section 21 para. 5 Residence Act
Related VISAGUARD article: Freelancer Visa
Free democratic basic order (FDGO)
FDGO stands for "free democratic basic order." The free democratic basic order (FDGO) is a central concept of German constitutional law. It describes the fundamental principles that shape and protect democracy and the rule of law in the Federal Republic of Germany. Basic knowledge of the FDGO is a prerequisite for obtaining a settlement permit, and a commitment to the FDGO is a prerequisite for naturalization.
Related legal source: Section 9 para. 2 sentence 1 no. 8 Residence Act , Section 10 para. 1 sentence 1 no. 1 StAG
Related VISAGUARD article: Requirements for naturalization
Voluntary return
Voluntary return refers to various initiatives of the German Migration Administration aimed at promoting the voluntary emigration of refugees and asylum seekers. The most well-known return program is REAG/GARP (Reintegration and Emigration Programme for Asylum-Seekers in Germany/Government Assisted Repatriation Programme), which aims to provide refugees with financial and organizational support for their voluntary return to their homeland or for their onward migration to another country.
Related legal source: REAG/GARP (BAMF)
Related VISAGUARD article: International Law and Humanitarian Obligations
Freedom of movement
In the EU, freedom of movement is one of the fundamental rights and includes the right to freely reside and establish oneself in any EU Member State and the right to take up employment or self-employment in another EU Member State.
Related legal source: Article 45 et seq. TFEU
Related VISAGUARD article: Guide to EU Freedom of Movement
Right to freedom of movement
Union citizens who wish to stay in Germany as employees, for vocational training, to seek employment, to pursue self-employment, to receive services, or for other reasons are entitled to freedom of movement under Union law. Union citizens therefore do not require a visa to enter the country or a residence permit to stay, even if they intend to work in Germany.
Related legal source: § 2 FreizügG/EU
Related VISAGUARD article: Guide to EU Freedom of Movement
Freedom of Movement Act (FreizügG/EU)
The Freedom of Movement Act (FreizügG/EU) regulates the entry and residence of EU citizens, nationals of EEA states and the United Kingdom, and family members of these groups. The Residence Act does not apply to these groups (with the exception of family members of Germans, see Section 28 of the Residence Act ).
Related legal source: § 1 FreizügG/EU
Related VISAGUARD article: Guide to EU Freedom of Movement
Free Movement Directive (Directive 2004/38/EC)
The Free Movement Directive regulates the right of Union citizens and their family members to move and reside freely within the territory of the Member States. The Free Movement Directive was implemented in Germany through the Freedom of Movement Act (FreizügG/EU).
Related legal source: Article 1 et seq. of Directive 2004/38/EC
Related VISAGUARD article: Guide to EU Freedom of Movement
Free Movement Regulation (EU Regulation No. 492/2011)
The Free Movement Regulation regulates the exercise of employment and equal treatment of workers and their family members within the Union.
Related legal source: Art. 1 et seq. EU Regulation No. 492/2011 of 5 April 2011
Related VISAGUARD article: Guide to EU Freedom of Movement
Deadline
A deadline is a clearly defined period of time or a time limit within which a specific action must be performed, a right exercised, or an obligation fulfilled. Immigration authorities and embassies may set deadlines within which the foreigner must fulfill certain cooperation obligations.
Related legal source: Section 82 para. 1 sentence 2 Residence Act , Section 74 Administrative Court Act
Related VISAGUARD article: Legal proceedings visa law Germany
Frontex
Frontex is the European Border and Coast Guard Agency (see Articles 1 et seq. of EU Regulation 2019/1896 ). Member states deploy security personnel to Frontex, who are deployed at the external borders of the European Union. Frontex has repeatedly been involved in illegal pushbacks in the past and has therefore been the subject of numerous criticisms from human rights organizations (see, for example , Amnesty International reports on illegal pushbacks by Frontex ).
Related legal source: EU Regulation 2019/1896
Related VISAGUARD article: International Law and Humanitarian Obligations
manager
A key employee is a person employed in a key position who primarily manages the host entity and who is primarily subject to the general supervision or receives general instructions from the management body, shareholders, or equivalent persons. This position includes the management of the host entity or a department or subdivision of the host entity, the supervision and control of the work of other supervisory and professional staff, and the authority to recommend any appointment, dismissal, or other personnel action.
Related legal source: Section 19 Residence Act
Related VISAGUARD article: ICT card
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