Spatial restriction
According to a so-called spatial restriction, the stay of a foreigner who is legally obliged to leave the country is spatially limited to the territory of the country.
Related legal source: Section 61 (1) Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Geographical scope
The geographical scope of the Residence Act (AufenthG) covers the entire territory of the Federal Republic of Germany.
Related legal source: Section 1 paragraph 1 Residence Act
Related VISAGUARD article: Responsibility of the Immigration Office
Mission premises (VCDR)
In the Vienna Convention on Diplomatic Relations, "mission premises" means, regardless of ownership, the buildings or parts of buildings and the grounds attached thereto used for the purposes of the mission, including the residence of the Head of Mission.
Related legal source: Vienna Convention on Consular Relations (VCCR) of 24 April 1963
Related VISAGUARD article: Diplomats and international organizations
Right of return
The right of return is an independent right to reside in the Federal territory. This right may arise from long-term, lawful residence in the Federal territory as a minor (see Section 37 of the Residence Act ).
Related legal source: Section 37 Residence Act
Related VISAGUARD article: Giving up German citizenship
Legal remedy (right of residence)
A legal remedy is a legal measure permitted in a procedure with which an administrative or judicial decision can be challenged in order to have it annulled or modified. Legal remedies include, for example, a lawsuit before an administrative court or an appeal against a decision by the immigration authorities. Legal remedy is the generic term for legal remedies.
Related legal source: Court Constitution Act (GVG)
Related VISAGUARD article: Visa court proceedings
Legal remedies (right of residence)
An appeal is a legal remedy intended to obtain a review of the contested decision by a higher court (devolutive effect). Appeals have a suspensive effect, meaning that the formal legal force of the contested decision is suspended until the higher court has decided on the appeal.
Related legal source: Court Constitution Act (GVG)
Related VISAGUARD article: Visa court proceedings
Reference profession
Reference occupations are primarily German occupations with which a foreign job or training is compared. Reference occupations play a role, for example, in the classification of a foreign training or in the assessment of the local wage.
Related legal source: Section 39 Residence Act
Related VISAGUARD article: Applying for a work permit
Regulated profession
Regulated professions are professions whose practice in Germany is subject to a state permit. Examples of regulated professions include medical and legal professions. A permit to practice a profession generally requires state recognition of the qualification (see Sections 4 et seq. of the Federal Qualifications Act (BQFG )).
Related legal source: Section 18 paragraph 2 no. 3 Residence Act
Related VISAGUARD article: Regulated professions
Travel document for foreigners
A foreign national who can prove that he or she does not have a passport or passport substitute and cannot reasonably obtain one may be issued with a travel document for foreign nationals.
Related legal source: Section 5 Residence Ordinance
Related VISAGUARD article: Passport requirement and identity clarification
Relocation
Relocation refers to various services in the field of migration. In addition to visa applications, services such as finding housing, daycare places, and insurance for expats are also considered relocation services. Relocation companies that provide legal advice on migration law (e.g., visa applications) often violate the German Legal Services Act (see Section 3 of the German Legal Services Act ).
Related legal source: Residence Act (AufenthG)
Related VISAGUARD article: Relocation
Remonstration
A remonstration (similar to an objection) is a legal remedy that can be used to contest a visa rejection at an embassy or consulate. Remonstration is not regulated by law and is only possible if the rejection notice explicitly states the possibility of remonstration in the instructions on legal remedies. Remonstration does not bar legal action, so a lawsuit can still be filed during the remonstration process (provided the deadline has not expired; Section 42 of the Administrative Court Code ). Remonstration was abolished in Germany on July 1, 2025 .
Related legal source: Section 68 para. 1 no. 1 VwGO
Related VISAGUARD article: Visa court proceedings
Pension insurance contributions
Pension insurance contributions are monthly payments that employees make to pension insurance schemes. Under certain conditions, these payments entitle the employee to a pension. In terms of residence law, pension insurance contributions are particularly relevant with regard to applying for a settlement permit (see Section 9 (2) Sentence 1 No. 3 of the Residence Act ).
Related legal source: SGB VI (Statutory Pension Insurance)
Related VISAGUARD article: Pension insurance history settlement permit
Pension insurance history
The pension insurance history confirms the payments made by employees to the pension insurance scheme to date. The pension insurance history is required to apply for a settlement permit ( Section 9 (2) Sentence 1 No. 3 of the Residence Act ). The pension insurance history can be requested from the German Pension Insurance website (see German Pension Insurance Online Services ).
Related legal source: SGB VI (Statutory Pension Insurance)
Related VISAGUARD article: Pension insurance history settlement permit
Resettlement
Resettlement refers to the resettlement of selected asylum seekers (resettlement refugees) (see Section 23 (4) of the Residence Act ).
Related legal source: Section 23 (4) Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Residence requirement
Residence requirement: The residence requirement (also known as "spatial restriction") is a secondary provision that limits the stay of a foreigner who is legally required to leave the country to the territory of the respective federal state (see Section 61 of the Residence Act ). Asylum law also provides for a separate residence requirement for asylum seekers (see Section 56 of the Asylum Act ).
Related legal source: § 61 Residence Act , § 56 Asylum Act
Related VISAGUARD article: International Law and Humanitarian Obligations
RK visa/ RK appointment
The RK-Visa or RK-Appointment System is an online platform of the Federal Foreign Office where embassy appointments for visa applications can be booked (see embassy list in the RK-Visa ).
Related legal source: Residence Act (AufenthG)
Related VISAGUARD article: Visa appointment and visa interview
Obligation to return
If a foreigner is turned back, the carrier that transported him to the border must immediately remove him from the country (so-called return transport obligation, see Section 64 (1) of the Residence Act ). The return transport obligation therefore stipulates strict liability (particularly for airlines) if a foreigner travels without valid documents.
Related legal source: Section 64 (1) Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Return Directive (Directive 2008/115/EC)
The Return Directive regulates common standards and procedures in the EU Member States for the return of illegally staying third-country nationals.
Related legal source: Article 1 et seq. of EU Directive 2008/115/EC of 16 December 2008
Related VISAGUARD article: International Law and Humanitarian Obligations
Willingness to return
In many countries, embassies require applicants applying for a Schengen visa to provide proof of their willingness to return from Germany (so-called willingness to return). A return flight ticket is often sufficient as proof. In some regions (e.g., Pakistan, Bangladesh, Iran, India, and Africa), however, embassies require additional documentation (see, for example , the Berlin Administrative Court, judgment of October 26, 2012 - 22 K 30.12 ).
Related legal source: Section 6 Residence Act
Related VISAGUARD article: Willingness to return
Return (right of residence)
Revocation is the annulment of an unlawful administrative act, usually retroactively (ex tunc) (see Section 48 of the Administrative Procedure Act ). Revocation is particularly relevant if a residence permit was obtained through deception (e.g., intentional false statements).
Related legal source: Section 48 VwVfG
Related VISAGUARD article: Expiry of residence permit
Withdrawal (nationality)
An unlawful naturalization can only be revoked if the administrative act was obtained through fraudulent deception, threats, or bribery, or through intentionally false or incomplete information that was essential to its issuance (see Section 35 of the Naturalization Act ). The revocation takes effect retroactively and may only be effected within ten years of the notification of naturalization (Section 35 (3) and (4) of the Naturalization Act).
Related legal source: § 35 StAG
Related VISAGUARD article: Citizenship law
Readmission agreement
States conclude readmission agreements to facilitate the return of persons who are legally required to leave the country. The Federal Ministry of the Interior (BMI) has published a list of all readmission agreements in Germany .
Related legal source: Residence Act (AufenthG)
Related VISAGUARD article: International Law and Humanitarian Obligations
Suspension of proceedings
A court proceeding is said to be suspended when both parties request a suspension and it can be assumed that suspension is appropriate due to pending settlement negotiations or for other important reasons (see Section 251 Paragraph 1 Sentence 1 of the Code of Civil Procedure in conjunction with Section 173 of the Administrative Court Procedure Code (VwGO ). Suspension of the proceedings should not be confused with a stay of proceedings ( Section 94 of the Administrative Court Procedure Code (VwGO )).
Related legal source: Section 251 para. 1 sentence 1 ZPO in conjunction with Section 173 VwGO
Related VISAGUARD article: Legal proceedings visa law Germany
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