Experts on behalf of
“Experts on assignment” means persons, other than officials, carrying out assignments for the international organization or other international body and who, insofar as they work for the United Nations, fall within the scope of Articles VI and VII of the UN General Convention.
Related legal source: § 1 GastStG
Related VISAGUARD article: Diplomats and organizations
Seasonal employment
The Federal Employment Agency can issue foreign nationals who have been placed on the basis of seasonal employment a work permit for a period of up to 90 days per 180-day period, subject to a priority check, to carry out seasonal employment of at least 30 hours per week (see Section 15a of the Employment Ordinance ).
Related legal source: Section 15a BeschV
Related VISAGUARD article: Seasonal work
Actor visa
An actor visa may be issued to foreign nationals who are engaged in artistic or performing activities or as support personnel required for the performance, or who are sent for employment lasting more than 90 days in the context of guest performances or foreign film or television productions.
Related legal source: Section 25 BeschV
Related VISAGUARD article: Actor Visa
Schengen Borders Code (Regulation (EU) 2016/399)
The Schengen Borders Code regulates the conditions for crossing borders by persons within the Schengen area. The regulation stipulates that no border controls are to be carried out on persons crossing the internal borders between the Member States of the Union and sets out rules for border controls only for persons crossing the external borders of the Member States of the Union.
Related legal source: Article 1 of the Schengen Borders Code (Regulation (EU) 2016/399)
Related VISAGUARD article: Border control and entry (Germany)
Schengen Information System (SIS)
The Schengen Information System (SIS) is a database maintained by the security authorities of all Schengen countries. The SIS is intended to facilitate automated searches for persons and objects within the European Union (EU). Any foreigner can request information about themselves stored in the SIS from the Federal Criminal Police Office (BKA) (see Section 34 of the Federal Central Register of Foreigners Act ). The SIS should not be confused with the national Central Register of Foreigners (AZR) maintained by the Federal Office of Administration (BVA).
Related legal source: SIS I Regulation
Related VISAGUARD article: Data protection for foreigners
Schengen states/Schengen area
The Schengen Area includes all EU member states with the exception of Ireland and Cyprus. It also includes the non-EU states Iceland, Norway, Switzerland, and Liechtenstein. Bulgaria and Romania belong to the Schengen Area insofar as they have abolished only personnel checks at air and sea borders, but not at land borders (see Council Decision EU 2024/210 of December 30, 2023 ). Schengen states are all states in which the Schengen acquis, the Schengen Borders Code, and the Visa Code apply (see Section 2 (5) of the Residence Act ).
Related legal source: Schengen law
Related VISAGUARD article: Applying for a Schengen visa
Schengen visa
Schengen visas (also called C visas) are short-term visas valid for the entire Schengen area. Schengen visas can be issued for various purposes, such as tourism, a visitor's visa, or a business visa. Schengen visas can be extended for a total stay of up to 90 days in any 180-day period.
Related legal source: Section 6 Residence Act
Related VISAGUARD article: Applying for a Schengen visa
Student collection list
Pupils who, as members of a group of pupils accompanied by a teacher from a general or vocational school, take part in a trip to or through the Federal territory are exempt from the requirement of a residence permit for entry, transit and a short stay in the Federal territory, inter alia, if they are entered in a corresponding European collective list for pupils (see Section 22 of the Residence Ordinance ).
Related legal source: Section 22 Residence Ordinance
Related VISAGUARD article: Student visa
Undeclared work
Anyone who provides or has services or work performed in violation of certain applicable laws, such as tax and social security law, is considered to be engaged in undeclared work (see Section 1 of the SchwarzArbG ). Illegal employment of foreign nationals is not synonymous with undeclared work.
Related legal source: Undeclared Employment Act (SchwarzArbG)
Related VISAGUARD article: Criminal law for foreigners
confidentiality procedure
The silence period procedure is an administrative procedure in which the silence of an authority within a certain period of time is deemed approval of an application. This is a fictitious approval, also known as "fictitious approval." In residence law, the silence period procedure is relevant, for example, for the approval of the immigration authority for the issuance of a visa (see Section 31 Paragraph 1 Sentence 3 of the Residence Ordinance ).
Related legal source: Section 42a VwVfG
Related VISAGUARD article: Administrative procedures in residence law
Self-binding of the administration
The self-binding nature of the administration is a fundamental principle of German administrative law. It means that when exercising discretion or applying vague legal concepts, the administration must adhere to its own consistent administrative practice. If it has previously followed a specific decision-making practice in comparable cases, it may not deviate from it without objective reason.
Related legal source: Article 3 of the Basic Law
Related VISAGUARD article: Administrative procedures in residence law
Self-employment/self-employment (Residence Act)
Self-employed activities are those that are not performed within the framework of a dependent employment relationship subject to instructions (Section 7 of the Social Code, Book IV). This also applies if a freelance contract exists (so-called fictitious employment relationship). Self-employed foreign nationals require a residence permit to pursue self-employment in Germany ( Section 21 of the Residence Act ).
Related legal source: Section 21 Residence Act
Related VISAGUARD article: Self-employment in Germany
Safe countries of origin
Asylum applications from foreign nationals from safe countries of origin must be rejected as manifestly unfounded (see Section 29a of the Asylum Act ). Safe countries of origin currently include all countries of the European Union, the Western Balkans, Georgia, Ghana, the Republic of Moldova, and Senegal (see Annex II to Section 29a of the Asylum Act ).
Related legal source: Section 29a Asylum Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Security check
The security check is an internal procedure conducted by the immigration authorities before a residence permit is issued. In particular, the immigration authorities review the Central Register of Foreign Nationals (AZR) and the data stored there by the security authorities (Federal Police, Federal Criminal Police Office, Customs, Federal Intelligence Service, Federal Office for the Protection of the Constitution, Military Counterintelligence Service, etc.) (see Section 73 of the Residence Act and Section 22 of the AZRG ).
Related legal source: § 73 AufenthG , § 22 AZRG
Related VISAGUARD article: Data protection for foreigners
Visa
Visa is an outdated term for "visa".
Related legal source: Residence Act (AufenthG)
Related VISAGUARD article: Guide to applying for a visa
Visa agreement
The term "visa" is an archaic word for "visa." Over time, its meaning has changed. Particularly due to the "Schengen visa" (or the term used in the 1990 Schengen Agreement), the term "visa" is now generally used. The term "visa" is only relevant in intergovernmental agreements (so-called visa agreements, see Section 16 of the Residence Ordinance ).
Related legal source: Section 16 Residence Ordinance
Related VISAGUARD article: Guide to applying for a visa
Headquarters agreement
The “headquarters agreement” is the agreement concluded by the Federal Republic of Germany with an international organization containing regulations for its activities in Germany.
Related legal source: § 1 GastStG
Related VISAGUARD article: Diplomats and international organizations
Seating area
The “headquarters premises”, regardless of ownership, are the buildings and structures (premises), equipment and other facilities and installations as well as the surrounding areas which are taken into possession and used by the international organisation or other international institution in Germany in accordance with an agreement with the Federal Government or another legal act.
Related legal source: § 1 GastStG
Related VISAGUARD article: Diplomats and international organizations
SOFA
"SOFA" stands for "Status of Forces Agreement." SOFA regulates the entry and residence of military personnel from NATO countries in Germany.
Related legal source: Status of Forces Agreement (SOFA)
Related VISAGUARD article: SOFA/BACO-90
Social selection
If an employee has been dismissed due to urgent operational requirements, the dismissal is nevertheless socially unjustified if the employer did not take into account, or did not sufficiently take into account, the length of service, age, maintenance obligations and severe disability of the employee when selecting the employee (social selection).
Related legal source: Section 1 paragraph 3 KSchG
Related VISAGUARD article: Protection against dismissal for foreigners
Social justification
The termination of an employment relationship with an employee who has been employed without interruption in the same business or company for more than six months is legally invalid if it is socially unjustified. Termination is socially unjustified if it is not due to reasons related to the person or conduct of the employee, or to urgent operational requirements that prevent the employee from continuing to work in the same company.
Related legal source: Section 1 para. 2 KSchG
Related VISAGUARD article: Protection against dismissal for foreigners
Social benefits
Social benefits include all government benefits provided for social security or welfare. These include, among others, child benefit, social assistance, childcare allowance, training grants, and housing benefits. Unemployment benefit is not a social benefit in the strict sense, as it is an insurance benefit. Receiving social benefits can be problematic for foreigners (see Section 2 Paragraph 3 of the Residence Act ).
Related legal source: Social Code (SGB)
Related VISAGUARD article: Social law for foreigners
Social Security Coordination System
The European Social Security Coordination System refers to the common rules governing jurisdiction in the field of social law in the EU (see Regulation EC 987/2009 of 16 September 2009 ).
Related legal source: Regulation (EC) No 987/2009 of 16 September 2009
Related VISAGUARD article: Social law for foreigners
Late repatriates
Late repatriates are people who have immigrated to Germany from a former Eastern Bloc state (successor states of the Soviet Union) (see Section 4 BVFG ).
Related legal source: Section 4 BVFG
Related VISAGUARD article: Late repatriates
blocked account
Blocked accounts are bank accounts into which a certain amount of money is deposited, which is then paid out in installments each month. In certain cases (e.g., students), this can be used to prove that the person has sufficient means of subsistence (see Section 2, Paragraph 3 of the Residence Act ).
Related legal source: Section 16b Residence Act
Related VISAGUARD article: Student visa / Study visa
Specialist (ICT card)
A specialist, as defined by the Residence Act, is someone who possesses essential specialized knowledge of the fields of activity, procedures, or administration of the host establishment, a high level of qualification, and appropriate professional experience. The term "specialist" under the Residence Act should not be confused with the term "company specialist" under the Employment Ordinance.
Related legal source: Section 19 para. 2 sentence 4 Residence Act
Related VISAGUARD article: Postings and ICT card
specialty chef
Specialty chefs work in specialty restaurants. Specialty restaurants are those that primarily prepare country-specific dishes. The establishment must offer foreign dishes prepared according to recipes from the respective country and reflect the external appearance of an upscale restaurant from that country. Snack bars, fast-food restaurants, company canteens, catering companies, and delivery services are not considered specialty restaurants (see the information sheet from the Federal Employment Agency ).
Related legal source: Section 11 para. 2 BeschV
Related VISAGUARD article: Work stay for specialty chefs
Sponsorship
In visa law, sponsorship refers to a system in which a visa application must be supported and, if necessary, financed by an employer. This sponsorship system is particularly common in the United States. Germany does not have a sponsorship system.
Related legal source: Residence Act
Related VISAGUARD article: Other migration law topics
Athlete visa
Foreign nationals can be granted a visa if they are professional athletes or professional trainers who are intended to work for German sports clubs or comparable sporting establishments that participate in competitive sports and if they have reached the age of 16, the club or establishment pays a gross salary that is at least 50 percent of the contribution assessment ceiling for statutory pension insurance, and the German umbrella association responsible for the sport, in agreement with the German Olympic Sports Confederation, confirms the sporting qualification as a professional athlete or the professional suitability as a trainer.
Related legal source: Section 22 BeschV
Related VISAGUARD article: Athlete Visa Germany
language course
A foreigner may be granted a residence permit to participate in language courses that do not serve as university preparation ( Section 16f of the Residence Act ). A distinction must be made between intensive language courses and other language courses. For preparatory language courses, a corresponding study visa must be applied for instead of a language course visa.
Related legal source: Section 16f Residence Act
Related VISAGUARD article: Language course in Germany
lane change
A "change of lane" occurs when a foreign national changes the purpose of their stay in Germany (e.g., from studying to employment). The purpose of their stay is determined by the relevant section of the Residence Act (e.g., Section 3: Education and Training, and Section 4: Employment). Recent reforms have made it much easier to change lanes and these days are (almost) only problematic for students and in cases of humanitarian protection (see Section 16b, Paragraph 4 of the Residence Act and Section 10 of the Residence Act ). The non-profit organization supporting asylum seekers has published a very practical overview of changes of purpose .
Related legal source: Section 5 (2) Residence Act
Related VISAGUARD article: Change of lane and purpose of residence permit
statelessness
Stateless persons are all people who are not officially citizens of a state. Preventing statelessness is a public interest in Germany (see circular from the Federal Ministry of the Interior to the Federal Foreign Office dated June 25, 2001, Ref. V 6 – 124 460/1 ).
Related legal source: Convention relating to the Status of Stateless Persons
Related VISAGUARD article: statelessness
Nationality/Citizenship
Citizenship is an expression of legal affiliation with a state and the rights and obligations that directly arise from it. These include the right to political participation (especially the right to vote) and the right to diplomatic protection abroad.
Related legal source: § 1 StAG
Related VISAGUARD article: German Citizenship Law
Citizenship Authority
Citizenship authorities are authorities responsible for naturalization matters. Citizenship authorities are usually located at the municipal level and are usually part of the immigration authorities. In larger cities, citizenship authorities may also be organized independently (i.e., independently of the immigration authorities).
Related legal source: Nationality Act (StAG)
Related VISAGUARD article: Authorities & Public Resources Migration
Citizenship test
The citizenship test is a determination procedure in which the applicant's nationality is verified. Citizenship procedures are conducted particularly in cases of doubt, for example, when it is unclear whether or not German citizenship was acquired through a specific legal act.
Related legal source: § 30 StAG
Related VISAGUARD article: German Citizenship Law
Status determination procedure
The status determination procedure is a procedure within the German pension insurance system that examines whether or not an applicant meets the criteria for self-employment. This status determination procedure is particularly used in cases of bogus self-employment.
Related legal source: Section 7a SGB IV
Related VISAGUARD article: False self-employment
Cut-off date regulation
A cut-off date rule is when certain legal standards only apply from or up to a certain point. An example of a cut-off date rule is the reunification of parents with skilled workers, which is only possible if the skilled worker title was acquired after March 1, 2024.
Related legal source: e.g. Section 36 para. 3 Residence Act
Related VISAGUARD article: Basic rights for foreigners
crime
A criminal offense is committed when a person's behavior constitutes a criminal prohibition. Special criminal law applies to foreigners (see Sections 95 et seq. of the Residence Act ).
Related legal source: Criminal Code (StGB)
Related VISAGUARD article: Criminal law for foreigners
Study-related internship EU
A foreign national will be granted a residence permit for the purpose of a study-related internship EU (Directive (EU) 2016/801) if the Federal Employment Agency has given its consent (or consent is not required) and the internship serves to enable the foreign national to acquire knowledge, practical skills and experience in a professional environment, the foreign national presents an agreement with a host institution regarding participation in an internship, the foreign national proves that he or she has obtained a university degree in the last two years before the application, or proves that he or she is completing a course of study leading to a university degree and the host institution has undertaken in writing to cover the costs.
Related legal source: Section 16e Residence Act
Related VISAGUARD article: Internship visa
Studies
A degree program should prepare students for a professional field of activity and impart the necessary professional knowledge, skills, and methods appropriate to the respective course of study in such a way that they are qualified for academic or artistic work and responsible action in a free, democratic, and social state governed by the rule of law ( Section 7 of the Human Resources Act ). Foreign nationals may apply for a residence permit for the purpose of studying in Germany in accordance with Section 16b of the Residence Act .
Related legal source: Section 16b Residence Act
Related VISAGUARD article: Applying for a student visa
Subsidiary protection
A foreign national is entitled to subsidiary protection if they have demonstrated compelling reasons to believe that they are at risk of serious harm in their country of origin. Serious harm includes the imposition or execution of the death penalty, torture or inhuman or degrading treatment or punishment, or a serious, individual threat to the life or physical integrity of a civilian as a result of indiscriminate violence in an international or internal armed conflict.
Related legal source: Section 4 Asylum Act
Related VISAGUARD article: International Law and Humanitarian Obligations
Suspensive effect
A suspensive effect means that decisions by the authorities do not take effect until a decision has been made on an appeal (e.g., objection) (see Section 80, Paragraph 1, Sentence 1 of the Administrative Court Act ). In residence law, most appeals do not have a suspensive effect (see Section 84 of the Residence Act ).
Related legal source: Section 84 Residence Act
Related VISAGUARD article: Legal proceedings visa law Germany
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
