Free movement of capital
The free movement of capital is one of the fundamental European freedoms. Under EU law, all restrictions on the movement of capital between Member States and between Member States and third countries are prohibited.
Related legal source: Article 63 TFEU
Related VISAGUARD article: EU freedom of movement
Knowledge of the legal and social system and living conditions in Germany
Knowledge of the legal and social system and living conditions in Germany is a prerequisite that must be demonstrated for naturalization (Section 10, Paragraph 1, Sentence 1, No. 7 of the German Citizenship Act). This knowledge is proven by completing a naturalization test (Section 10, Paragraph 5 of the German Citizenship Act). However, the test is not mandatory; theoretically, knowledge can also be demonstrated in other ways.
Related legal source: Section 10 para. 5 StAG
Related VISAGUARD article: Naturalization test
Chain deportation
A chain deportation occurs when a foreign national is deported several times in a row (for example, from Germany to Croatia, to Turkey to Serbia). Chain deportations often violate the non-refoulement principle.
Related legal source: Art. 33 GFK
Related VISAGUARD article: International Law and Humanitarian Obligations
Child benefit
Child benefit supports parents who live in Germany and are subject to unlimited income tax liability (see Sections 62 et seq. of the Income Tax Act ). Receiving child benefit by foreign nationals is unproblematic under residence law, as child benefit is not considered a social benefit under residence law (see Section 2, Paragraph 3, Sentence 1, No. 1 of the Residence Act ). Further information on child benefit can be found on the website of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth .
Related legal source: Federal Child Benefit Act (BKGG)
Related VISAGUARD article: Child visa / Visa for children
Child reunification
Child reunification is a form of family reunification. The unmarried minor child of a foreign national must be granted a residence permit if both parents or the parent with sole custody have a residence permit. In most cases, child reunification is only possible until the child reaches the age of majority.
Related legal source: Section 32 para. 1 Residence Act
Related VISAGUARD article: Child visa / Visa for children
suit
An administrative action is a request to compel an authority to perform a legal act before a court (e.g., an embassy's obligation to issue a visa). There are many different types of administrative and residence law actions (e.g., actions for failure to act, actions for refusal of a decision, and actions for annulment). In legal proceedings, the court may not go beyond the scope of the claim, but is not bound by the wording of the applications (see Section 88 of the Code of Administrative Court Procedure ).
Related legal source: Section 88 VwGO
Related VISAGUARD article: Legal proceedings visa law Germany
Deadline for filing a lawsuit
The limitation period for filing a lawsuit against official measures is the time limit within which an action must be brought before the court. The limitation period is generally one month (see Section 74 of the Code of Administrative Court Procedure ). After the limitation period has expired, official measures can only be challenged under certain conditions.
Related legal source: Section 74 VwGO
Related VISAGUARD article: Legal proceedings visa law Germany
Combination application
A combined application is one in which several applications are filed in parallel. Official combined applications can include, for example, an application for a Blue Card in parallel with a settlement permit (Sections 9 and 18g of the Residence Act ). Judicial combined applications can be combined applications for annulment and compulsory enforcement (Section 42 of the Administrative Court Procedure Code ).
Related legal source: Section 81 Residence Act
Related VISAGUARD article: Applying for a residence permit
Königsteiner key
The Königstein Key determines how many asylum seekers each federal state must accept in Germany. The allocation is recalculated annually and is based on the tax revenue and population of each federal state.
Related VISAGUARD article: International Law and Humanitarian Obligations
Related legal source: Article 91b, paragraph 3 of the Basic Law
Consul/Consular Representation (WÜK)
Consular Mission (VC): In the Vienna Convention on Consular Relations, "consular mission" means any consulate general, consulate, vice-consulate, or consular agency.
Related legal source: Vienna Convention on Consular Relations (VCCR) of 24 April 1963
Related VISAGUARD article: Diplomats and international organizations
Consular Officer (VCCO)
Consular Officer (VCOR): In the Vienna Convention on Consular Relations, "consular officer" means any person entrusted in that capacity with the exercise of consular functions, including the head of the consular post.
Related legal source: Vienna Convention on Consular Relations (VCCR) of 24 April 1963
Related VISAGUARD article: Diplomats and international organizations
Consular District (WÜK)
Consular District (VCDR): "Consular District" means, in the Vienna Convention on Consular Relations, the territory allocated to a consular post for the exercise of consular functions.
Related legal source: Vienna Convention on Consular Relations (VCCR) of 24 April 1963
Related VISAGUARD article: Diplomats and international organizations
Consular Act (KonsG)
The Consular Act (KonsG) regulates the legal framework for the consular duties and powers of career consular officers and honorary consular officers.
Related legal source: §§ 1 ff. KonsG
Related VISAGUARD article: Diplomats and international organizations
Consulate/Consular Premises (WÜK)
In the Vienna Convention on Consular Relations, "consular premises" means, regardless of ownership, buildings used exclusively for the purposes of consular representation.
Related legal source: Vienna Convention on Consular Relations (VCCR) of 24 April 1963
Related VISAGUARD article: Diplomats and international organizations
Consultation procedures of central authorities
The Central Authorities Consultation Procedure (KZB procedure) is an automated review process used, among other things, in the context of visa issuance in Germany. Applicants' information is compared with security-relevant databases from various German security and intelligence services—including the Federal Criminal Police Office (BKA), the Federal Office for the Protection of the Constitution (BfV), the Federal Intelligence Service (BND), the Customs Criminal Investigation Office (ZKA), and the Military Counterintelligence Service (MAD).
Related legal source: VwVfG
Related VISAGUARD article: Security screening for foreigners
Quota-based employment
In the context of residence and employment law, quota-based employment refers to a form of admission of foreign workers in which the number of residence permits or work permits to be issued is limited. This limitation is implemented by a quota set by the government – usually through legal regulations or intergovernmental agreements.
Related legal source: Section 15d Residence Act
Related VISAGUARD article: Short-term quota-based employment
Control in the second control line
“Second line check” is a further border control that can be carried out at a specially designated location other than the location where all persons are checked (first line check) ( 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 control and entry
Convention refugee
Convention refugees are people who are granted protection under the Convention Relating to the Status of Refugees of July 28, 1951 (the so-called Geneva Refugee Convention). The Asylum Act largely treats Convention refugees as equal to asylum seekers (see Section 3, Paragraph 1 of the Asylum Act ).
Related legal source: Article 1 of the Geneva Refugee Convention
Related VISAGUARD article: International Law and Humanitarian Obligations
Group
If a controlling company and one or more dependent companies are combined under the unified management of the controlling company, they form a group; the individual companies are group companies. If legally independent companies, without one company being dependent on the other, are combined under unified management, they also form a group.
Related legal source: Section 18 AktG
Related VISAGUARD article: Employer Services
Group Privilege (AÜG)
Several laws provide certain privileges for international corporations. In labor migration law, for example, the corporate privilege is relevant for intra-corporate assignments, since the Temporary Employment Act (AÜG) does not apply to temporary employment within a corporate group under certain conditions.
Related legal source: Section 1 paragraph 3 no. 2 AÜG
Related VISAGUARD article: Temporary employment of foreign nationals
health insurance
Health insurance is a welfare benefit that covers the cost of medical services in the event of illness and receives contributions from the insured person in return. Foreign nationals can have both private and statutory health insurance in Germany. However, private health insurance must cover at least the same benefits as statutory health insurance (so-called substitutive health insurance). Every foreign national must always have health insurance. For short-term stays (without employment), travel health insurance, expat insurance, or incoming insurance are sufficient. For long-term stays, however, full health insurance is required.
Related legal source: Section 2 paragraph 3 sentence 2 Residence Act
Related VISAGUARD article: Health insurance for residence permits
District Administration Department (KVR)
The District Administration Department (KVR) is the immigration authority of the city of Munich.
Related legal source: GO: Municipal Code for the Free State of Bavaria
Related VISAGUARD article: Authorities & Public Resources Migration
Termination
A notice of termination is a declaration of intent and intent that terminates an existing contract (usually an employment contract or rental agreement) with future effect. In Germany, the German Dismissal Protection Act (KSchG) applies to the termination of employment contracts in many cases.
Related legal source: §§ 1 ff. KSchG
Related VISAGUARD article: Protection against dismissal for foreigners
Dismissal Protection Act (KSchG)
The Dismissal Protection Act (KSchG) is a labor law applicable to larger companies (more than 10 employees). According to the Dismissal Protection Act, an employee can only be dismissed if the dismissal is socially justified.
Related legal source: Section 1 KSchG
Related VISAGUARD article: Protection against dismissal for foreigners
artist visa
The artist visa is a special form of the freelancer visa. The artist visa allows individuals who pursue artistic or creative activities and can prove they have a secure livelihood to enter Germany. Artists enjoy significant residency privileges, particularly in Berlin.
Related legal source: Section 25 BeschV
Related VISAGUARD article: Artist visa in Germany
Short stay
A short stay is generally defined as a stay in Germany of up to 90 days. Certain nationals can enter Germany visa-free for a short stay. Other nationals require a Schengen visa for the short stay.
Related legal source: Section 6 Residence Act
Related VISAGUARD article: Schengen visa Germany
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