Higher Administrative Court (OVG)
Higher Administrative Courts are administrative courts that stand between the administrative courts of first instance and the Federal Administrative Court. Higher Administrative Courts decide on appeals against judgments of the Administrative Court and complaints against other decisions of the Administrative Court, as well as in various areas of construction law.
Related legal source: Section 47 VwGO
Related VISAGUARD article: Legal proceedings visa law Germany
Option right
The right of option in connection with citizenship refers to the possibility of choosing between two nationalities. This primarily affected children of foreign parents who were born in Germany and acquired German citizenship under certain conditions. With the reform of citizenship law, the option requirement was largely abolished, as multiple citizenship is now possible in Germany (see the Act to Modernize Citizenship Law (StARModG), Federal Law Gazette 2024 I No. 104 of March 26, 2024 ).
Related legal source: Section 29 StAG (old version)
Related VISAGUARD article: Dual citizenship, naturalization in Germany
administrative offense
An administrative offense is an unlawful and reprehensible act that constitutes an offense under a law that permits punishment with a fine. Residence law recognizes numerous administrative offenses (see, for example, Section 98 of the Residence Act ).
Related legal source: §§ 1 ff. OWiG
Related VISAGUARD article: Criminal law for foreigners
Administrative Offenses Act (OWiG)
The Administrative Offenses Act regulates the conditions for the sanction of an administrative offence and the procedure for imposing sanctions.
Related legal source: §§ 1 ff. OWiG
Related VISAGUARD article: Criminal law for foreigners
Orientation course
The orientation course lasts approximately 100 hours and is part of the integration course. It serves to impart everyday knowledge as well as knowledge of the legal system, culture, and history of Germany, particularly the values of the democratic state of the Federal Republic of Germany and the principles of the rule of law, equality, tolerance, and religious freedom (see Section 3 of the Integration Ordinance ).
Related legal source: IntV
Related VISAGUARD article: Integration course
Locally customary fee
The local wage refers to the average wage that domestic workers receive for a specific job in a specific industry, in a specific position, at a specific location in Germany. Foreign nationals must receive at least the local wage to receive approval from the Federal Employment Agency.
Related legal source: Section 39 Residence Act
Related VISAGUARD article: Minimum salary for foreign skilled workers
Overstay
"Overstay" is usually defined as the failure to leave the country after the expiration of a residence permit or a short-term stay. Overstay can constitute a criminal offense.
Related legal source: Section 95 Residence Act
Related VISAGUARD article: Criminal law for foreigners
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