guest workers
Guest workers are persons who entered the territory of the Federal Republic of Germany as of October 2, 1990, on the basis of an agreement on the recruitment and placement of workers until June 30, 1974, or who entered the territory referred to in Article 3 of the Unification Treaty as contract workers until June 13, 1990.
Related legal source: Section 10 para. 1 sentence 1 no. 3 StAG
Related VISAGUARD article: Requirements for naturalization
Host State Act (GastStG)
The Host State Act (GastStG) regulates the directly applicable privileges, immunities, exemptions and facilities for international organizations and their employees in Germany.
Related legal source: § 1 GastStG
Related VISAGUARD article: Diplomats and international organizations
GATS posting
GATS posting refers to postings whose legal basis is the General Agreement on Trade in Services.
Related legal source: Section 29 (5) Employment Ordinance
Related VISAGUARD article: Secondment to Germany
Fees
A fee is a monetary payment that a person or organization must pay to a government agency in order to use a specific benefit or service. It differs from a tax in that it requires a specific consideration. Fees are charged for official measures (such as processing an application), which must be paid by the applicant. Under labor migration law, too, the fee is always payable by the employee, not the employer.
Related legal source: §§ 44 ff. Residence Ordinance
Related VISAGUARD article: Costs of residence permits
Danger to public health
A “threat to public health” is a disease with epidemic potential within the meaning of the International Health Regulations of the International Health Organization (WHO) and other communicable diseases caused by infectious agents or parasites, provided that measures are taken against these diseases to protect nationals of the Member States ( Article 2 of the Schengen Borders Code (Regulation (EU) 2016/399 ).
Related legal source: Article 2 of the Schengen Borders Code (Regulation (EU) 2016/399
Related VISAGUARD article: Border controls and entry
Salary limit
Salary limits refer to the minimum salary a foreigner must earn to obtain a residence permit in Germany. The salary limits are set by the Federal Employment Agency in the so-called " Wage Atlas" . In some cases, the salary limits are also determined by law (independently of the Wage Atlas) (e.g., for the EU Blue Card).
Related legal source: Section 39 para. 2 sentence 1 no. 1 Residence Act , Section 18g Residence Act , Section 6 Employment Ordinance
Related VISAGUARD article: Minimum salary for foreign skilled workers
Common European Framework of Reference for Languages (CEFR)
Common European Framework of Reference for Languages (CEFR): The Common European Framework of Reference for Languages (CEFR) is an internationally recognized system for describing and assessing language skills. The CEFR divides the language skills of foreigners in Germany into levels A1–C2. The Residence Act refers to the CEFR in various places.
Related legal source: Section 2 paragraphs 9 – 12 Residence Act
Related legal source: Requirements for a settlement permit ; Requirements for naturalization
Common European Asylum System (CEAS)
The Common European Asylum System (CEAS) was finally adopted on May 14, 2024, and is intended to completely reform the European asylum system. There was widespread social resistance to individual provisions of the CEAS, particularly to the implementation of asylum procedures at the EU's external borders (see, for example, Pro Asyl's statement on the CEAS reform ).
Related legal source: CEAS
Related VISAGUARD article: International Law and Humanitarian Obligations
General Agreement on Trade in Services (GATS)
The General Agreement on Trade in Services (GATS) is an international agreement of the World Trade Organization (WTO). Germany (and the EU) has also signed the GATS agreement. Residence permits for employment purposes can be issued on the basis of the GATS agreement.
Related legal source: Section 29 (5) Employment Ordinance
Related VISAGUARD article: Secondment to Germany
Generational cut
The generation cut is a legal regulation that determines to what extent German citizenship can be passed on through descent (so-called principle of descent).
Related legal source: Section 4 (4) Residence Act
Related VISAGUARD article: German Citizenship Law
Court costs
Court costs are incurred when a foreign national applies for legal action (e.g., by filing a lawsuit). Court costs are always borne by the losing party and typically amount to EUR 483. Court costs can be calculated using a so-called RVG calculator .
Related legal source: §§ 154 ff. VwGO
Related VISAGUARD article: Legal proceedings visa law Germany
Managing Director
Managing directors are natural persons who represent a company or legal entity externally and thus enable it to act (see, for example, Section 35 of the German Limited Liability Companies Act (GmbHG ). Managing directors are not the same as shareholders.
Related legal source: Section 3 BeschV
Related VISAGUARD article: CEO Visa
business trip
Business travellers within the meaning of the right of residence are foreign nationals who are employed in the commercial sector abroad by an employer based in Germany, or who hold meetings or negotiations in Germany for an employer based abroad, prepare contract offers, conclude contracts or monitor the implementation of a contract, or who set up, monitor or manage a domestic part of a company for an employer based abroad and who, as part of their employment, while maintaining their habitual residence abroad, do not stay in Germany for a total of more than 90 days within a period of 180 days.
Related legal source: Section 16 BeschV
Related VISAGUARD article: Secondment to Germany
Sibling reunification
Sibling reunification is a form of family reunification in which the siblings of a foreign national living in Germany are requested to join them. This is only possible under strict conditions (existence of "exceptional hardship") (see Section 36 (2) of the Residence Act ).
Related legal source: Section 36 (2) Residence Act
Related VISAGUARD article: Reunification of other family members
Civil law partnership (GbR)
The GbR is a partnership in which at least two persons (natural or legal) join together through a partnership agreement to pursue a common purpose.
Related legal source: §§ 705 ff. BGB
Related VISAGUARD article: Visa for self-employment in Germany
Limited liability company (GmbH)
A GmbH is a legal entity whose liability is limited to the company's assets. Shareholders are not personally liable, but only with their capital contribution. The minimum capital for establishing a GmbH is €25,000, with at least €12,500 required for establishment.
Related legal source: GmbHG
Related VISAGUARD article: Visa for self-employment in Germany
Shareholders
Shareholders are natural or legal persons who hold shares in a company or legal entity or are corresponding shareholders (see, for example, Section 45 of the German Limited Liability Companies Act (GmbHG ). Shareholders are not the same as managing directors.
Related legal source: §§ 705 ff. BGB , GmbHG
Related VISAGUARD article: Visa for self-employment in Germany
Law on the Coordination of Social Security Systems in Europe (SozSichEUG)
The Act on the Coordination of Social Security Systems in Europe regulates the responsibilities of German social security institutions and other institutions and authorities responsible for social security in the application and implementation of European regulations on the coordination of social security systems.
Related legal source: § 1 ff. SozSichEUG
Related VISAGUARD article: Secondment to Germany
Legal representative
Legal representatives are persons who act on behalf of and with authority for incapacitated foreign nationals (e.g., parents, see Section 1629 of the German Civil Code ). The legal representatives of a foreign national who is a minor and other persons who, in place of the legal representatives, look after the foreign national in Germany are obligated to submit the necessary applications for the foreign national for the issuance and extension of a residence permit and for the issuance and extension of a passport, passport substitute, and identity card substitute ( Section 80 (4) of the Residence Act ).
Related legal source: § 1629 BGB
Related VISAGUARD article: Child visa / Visa for children
Trade office
The trade office is a municipal authority responsible for monitoring, registering, licensing, and administering commercial activities within its jurisdiction. It serves as the contact point for companies, self-employed individuals, and freelancers who wish to establish, change, or deregister a business. The duties of the trade office are regulated by the Trade Regulation Act (GewO).
Related legal source: Trade Regulation Act (GewO)
Related VISAGUARD article: Visa for self-employment in Germany
Freedom of trade
According to the principle of freedom of trade, everyone is permitted to operate a business, unless exceptions or restrictions are prescribed or permitted by the Trade Regulation Act.
Related legal source: Section 1 GewO
Related VISAGUARD article: Visa for self-employment in Germany
Trade Regulation Act (GewO)
The Trade Regulation Act (GewO) regulates the legal requirements, obligations, and powers of traders in Germany. The Trade Regulation Act also contains some relevant legal norms for employees, such as the employer's right to issue instructions (and the limits of this right) in Section 106 of the Trade Regulation Act .
Related legal source: §§ 1 ff. GewO
Related VISAGUARD article: Visa for self-employment in Germany
Habitual residence
The habitual place of residence refers to the place where a person stays under circumstances that indicate that this place is not merely temporary, but intended to be permanent. The habitual place of residence is particularly relevant for the jurisdiction of the immigration authorities (see Section 3 (1) No. 3 a) of the Administrative Procedure Act). The habitual place of residence is not synonymous with the place of residence (Section 7 of the German Civil Code) or the registered address ( Section 17 of the Federal Ministry of Justice Act ).
Related legal source: Section 3 (1) No. 3 a) VwVfG
Related VISAGUARD article: Responsibilities of the immigration authorities
Global Mobility
Global mobility refers to the international mobility of employees, particularly in the context of secondments, transfers or expat programs.
Related legal source: Residence Act (AufenthG)
Related VISAGUARD article: Global Mobility
Golden Visa
Golden visas are visa programs that essentially rely on a visa being granted based on the payment of a sum of money. This can be done, for example, through investing in a company or purchasing real estate. Retirement visas are also sometimes referred to as golden visas.
Related legal source: Section 7 paragraph 1 sentence 3 Residence Act
Related VISAGUARD article: Golden Visa Germany
cross-border commuters
A foreign national who is legally resident in a state bordering the Federal territory and who returns there at least once a week may be issued with a cross-border commuter card for the purpose of pursuing gainful employment or studying in the Federal territory if he or she meets the relevant requirements of a cross-border commuter.
Related legal source: Section 12 Residence Ordinance
Related VISAGUARD article: Cross-border commuters
border control
Border controls are checks carried out at the borders, independent of any other reason, solely on the basis of the intended crossing of the border.
Related legal source: Article 1 of the Schengen Implementing Convention of 31 March 2006
Related VISAGUARD article: Border controls and entry
Border protection
Border protection includes police surveillance of the borders, police control of cross-border traffic (verification of border crossing documents, border searches, threat prevention), and, in the border area up to a depth of 30 kilometers and from the seaward boundary to a depth of 50 kilometers, the prevention of threats that compromise border security. Border protection is the responsibility of the Federal Police.
Related legal source: Section 2 BPolG
Related VISAGUARD article: Border controls and entry
Border Crossing Certificate (GÜB)
A border crossing certificate (abbreviated "GÜB") is a document issued by German immigration authorities. It is intended for foreign nationals required to leave the country and contains information on the specified departure deadline. The border crossing certificate is not regulated by law and does not constitute a residence permit (see Section 4 of the Residence Act ). From a legal perspective, the GÜB is the worst residence status because, unlike a fictitious certificate or a temporary suspension of deportation, it does not certify a factually legal residence. The GÜB is often the last step before deportation.
Related legal basis: none (but see Section 36a Paragraph 3 No. 4 Residence Act )
Related VISAGUARD article: Border controls and entry
Border surveillance
Border surveillance is the monitoring of borders between border crossing points and the monitoring of border crossing points outside of scheduled opening hours in order to prevent people from circumventing border controls.
Related legal basis: Article 2 of the Schengen Borders Code (Regulation (EU) 2016/399
Related VISAGUARD article: Border controls and entry
Basic knowledge of the legal and social system and living conditions in Germany
Basic knowledge of the legal and social system and living conditions in Germany is a prerequisite that must be demonstrated for the granting of a settlement permit. This knowledge is proven by successfully completing an integration course. However, the course is not mandatory; knowledge can also be demonstrated in other ways (e.g., courses on German culture during studies or attending a school in Germany).
Related legal source: Section 9 para. 2 sentence 1 no. 8 Residence Act , Section 10 para. 1 sentence 1 no. 7 StAG
Related VISAGUARD article: Residence permit for skilled workers
Fundamental rights
Fundamental rights refer to various constitutional rights regulated by the Basic Law (Grundgesetz) and granted to every German by virtue of their human existence. Many fundamental rights also apply to foreigners (e.g., the protection of the family under Article 6 of the Basic Law ). The most important fundamental right is human dignity ( Article 1 of the Basic Law ).
Related legal source: Basic Law (GG)
Related VISAGUARD article: Basic rights for foreigners
Principle of skilled immigration
The principle of skilled immigration states that the admission of foreign workers is based on the needs of Germany as a business and scientific location, taking into account the conditions on the labor market. The special opportunities for foreign skilled workers and workers serve to secure the skilled labor base and strengthen the social security systems. They are geared toward the sustainable integration of skilled workers and workers with extensive professional experience into the labor market and society, while respecting the interests of public security (see).
Related legal source: §§ 18 ff. Residence Act
Related VISAGUARD article: Skilled Immigration to Germany
Principle of reciprocity
According to visa reciprocity, when deciding whether to waive the visa requirement for nationals of a third country, the EU takes into account whether that third country, in turn, grants visa-free travel to nationals of all EU Member States.
Related legal source: European Commission Factsheet on the principle of reciprocity
Related VISAGUARD article: Country pages
Principle of family reunification
According to the principle of family reunification, the residence permit for establishing and maintaining a family community in the Federal territory for foreign family members (family reunification) is granted and extended to protect marriage and family in accordance with Article 6 of the Basic Law.
Related legal source: Section 27 para. 1 Residence Act
Related VISAGUARD article: Family reunification / Family reunification visa
Well-integrated adolescents and young adults
A young adult foreigner who holds a residence permit under Section 104c or has been in possession of a temporary suspension of deportation for at least twelve months shall be granted a residence permit if they have resided in the Federal territory continuously for three years, either with permission, toleration, or with a temporary residence permit, and if they have generally successfully attended school in the Federal territory for three years or have obtained a recognized school or vocational qualification. The application must be submitted before the age of 27.
Related legal source: Section 25a Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Good German language skills
Good German language skills correspond to level B2 of the Common European Framework of Reference for Languages.
Related legal source: Section 2 paragraph 11a Residence Act
Related VISAGUARD article: Language proficiency requirements for visas
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