Vander-Elst
The Vander Elst visa enables companies from EU or EEA member states to send their third-country nationals to Germany without the need for approval from the Federal Employment Agency.
Related legal source: Section 21 BeschV
Related VISAGUARD article: Vander Elst Visa
Procedural instructions
Procedural instructions are administrative instructions issued by superior authorities to subordinate authorities. These procedural instructions contain interpretation aids and application instructions for the applicable laws. Procedural instructions can form the basis for a claim under the self-binding nature of the administration (Article 3 of the Basic Law).
Related legal source: Residence Act (AufenthG)
Related VISAGUARD article: Authorities & Public Resources Migration
Procedural information for staying in Berlin (VAB)
The Procedural Guidelines for Residence in Berlin (VAB) are an official guide to interpretation and interpretation for the staff of the State Office for Immigration (LEA). The VAB are regularly updated and revised.
Related legal source: Residence Act (AufenthG)
Related VISAGUARD article: Authorities & Public Resources Migration
Limitation period
A statute of limitations applies when a crime has been committed but can no longer be prosecuted by the public prosecutor's office or the courts (see Section 78 of the German Criminal Code ). Most crimes under immigration law expire after three years (Section 78, Paragraph 3, No. 5 of the German Criminal Code).
Related legal source: § 78 StGB
Related VISAGUARD article: Criminal law for foreigners
Extension of residence permit
An expired residence permit must be renewed. The same regulations apply to the renewal of a residence permit as to its issuance (see Section 8 of the Residence Act ). The renewal process is generally much simpler than the initial issuance, as many documents are often already in the authority's file.
Related legal source: Section 8 Residence Act
Related VISAGUARD article: Residence permit extension
Mediation agreement
International skilled workers can be recruited through the Federal Employment Agency within the framework of placement agreements, even if the equivalence of their foreign professional qualification with a reference occupation has not yet been established (see Section 2 of the Employment Ordinance ).
Related legal source: Section 2 BeschV
Related VISAGUARD article: Brokerage agreements
Declaration of commitment
Anyone who has undertaken to bear the living expenses of a foreign national to the immigration authorities or a foreign mission must reimburse all public funds spent on the foreign national's living expenses, including the provision of housing and care in the event of illness and need for care, for a period of five years (declaration of commitment).
Related legal source: Section 68 Residence Act
Related VISAGUARD article: Declaration of Commitment
Reasons for refusal (work permit)
Grounds for refusal are certain circumstances in which the Federal Employment Agency (BA) may not grant approval for employment (see Section 40 of the Residence Act ). Common grounds for refusal include, for example, temporary employment (Section 40, Paragraph 1, No. 2 of the Residence Act) or a dishonest employer (Section 40, Paragraph 3 of the Residence Act).
Related legal source: Section 40 Residence Act
Related VISAGUARD article: Obtaining a work permit in Germany
Attorney of trust
A trusted lawyer is a foreign attorney who, with a power of attorney, requests certain information or performs legal acts on behalf of a foreign national in their country of origin (e.g., applying for a birth certificate in their home country). Trusted lawyers vary from country to country, which is why some embassies publish lists (see, for example, the List of Trusted Lawyers in Pakistan (Embassy Islamabad) ).
Related legal source: §§ 1ff. BRAO / §§ 1ff. BORA
Related VISAGUARD article: Legal proceedings visa law Germany
displaced persons
A displaced person is a person who, as a German citizen or of German ethnic origin, had his or her residence in the German eastern territories formerly under foreign administration or in the territories outside the borders of the German Reich according to the territorial status of 31 December 1937 and who lost this residence in connection with the events of the Second World War as a result of expulsion, in particular through expulsion or flight.
Related legal source: § 1 BVFG
Related VISAGUARD article: International Law and Humanitarian Obligations
administrative act
An administrative act is any order, decision, or other sovereign measure taken by an authority to regulate an individual case in the area of public law and intended to have direct legal effect externally ( Section 35 of the Administrative Procedure Act ). Typical administrative acts include the granting, rejection, revocation, or withdrawal of a residence permit.
Related legal source: Section 35 VwVfG
Related VISAGUARD article: Administrative procedures in residence law
Administrative Court
Administrative jurisdiction is exercised by independent courts separate from the administrative authorities ( Section 1 of the Administrative Court Code (VwGO ). Administrative courts decide on most legal issues concerning the residence of foreign nationals (e.g., actions for failure to act pursuant to Section 75 of the Administrative Court Code (VwGO). The Berlin Administrative Court, as the central visa court, is responsible for all remonstrances and visa appeals (see Section 52 No. 2 of the Administrative Court Code (VwGO )).
Related legal source: §§ 1 ff. VwGO
Related VISAGUARD article: Legal proceedings visa law Germany
Administrative procedure
The administrative procedure within the meaning of this Act is the outward-looking activity of the authorities aimed at examining the requirements, preparing and issuing an administrative act or concluding a public-law contract; it includes the issuing of the administrative act or the conclusion of the public-law contract ( Section 9 of the Administrative Procedure Act ).
Related legal source: §§ 1 ff. VwVfG
Related VISAGUARD article: Legal proceedings visa law Germany
Renunciation (citizenship)
A German citizen may renounce his or her citizenship if he or she holds multiple nationalities. The renunciation must be declared in writing. The declaration of renunciation requires approval from the competent citizenship authority.
Related legal source: § 26 StAG
Related VISAGUARD article: Giving up German citizenship
Complaint about delay
If court proceedings take an excessive amount of time, parties may claim compensation. A party to the proceedings will only receive compensation if they have complained about the length of the proceedings to the court hearing the case (a complaint about delay). A complaint about delay can only be filed if there is cause to fear that the proceedings will not be concluded within a reasonable time. A repeated complaint about delay is possible after six months at the earliest, unless a shorter period is required in exceptional circumstances (see Section 198 of the Court Constitutional Act ).
Related legal source: § 198 GVG
Related VISAGUARD article: Legal proceedings visa law Germany
Visa file
Each diplomatic mission dealing with visa matters maintains a filing system on visa applications, withdrawals of visa applications, and the issuance, refusal, withdrawal, annulment, revocation and revocation of visas.
Related legal source: Section 69 Residence Ordinance
Related VISAGUARD article: Data protection for foreigners
Visa Code (Regulation (EC) No 810/2009)
The Visa Code is Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009, which established a Common Code on Visas for the Member States applying the Schengen Agreement. It uniformly regulates the procedure for issuing visas for short-stay visas in the Schengen area (up to 90 days within a 180-day period).
Related legal source: Regulation (EC) No 810/2009
Related VISAGUARD article: Schengen Visa
Visa Regulation (Regulation (EC) No. 767/2008)
The Visa Regulation is Regulation (EC) No. 767/2008 of the European Parliament and of the Council of 9 July 2008, also known as the VIS Regulation. The regulation governs the establishment, operation, and use of the Visa Information System (VIS). The VIS is a centralized EU database that stores and exchanges information on visa applications for the Schengen area.
Related legal source: Regulation (EC) No. 767/2008
Related VISAGUARD article: Requirements for a D visa
Visa warning file
The visa warning file is designed to support visa authorities in the visa process and thus combat illegal entry. Visa applicants, inviters, sponsoring parties, and other persons involved in the visa process (so-called reference persons) are stored in the file if they have been convicted of specific offenses related to the visa process or other foreign-related offenses, or if they have been found guilty of other specific illegal behavior, such as providing false information in the visa process (see Section 1 et seq. of the German Federal Employment Agency Act (VWDG ).
Related legal source: § 1 ff. VWDG
Related VISAGUARD article: Data protection for foreigners
visa
A visa is an official authorization in the form of an endorsement in a travel document (usually a passport) that authorizes the holder of a foreign passport to enter, stay in, or transit through a country. Long-term residence permits such as the D visa are usually issued as a separate document (plastic card or electronic residence permit (eAT)).
Related legal source: Section 6 Residence Act
Related VISAGUARD article: Requirements for a D visa
Visa Handbook
The Visa Handbook is an administrative instruction compiled by the Federal Foreign Office (AA) and applicable to all German missions abroad (embassies and consulates). The Visa Handbook contains numerous application instructions and interpretative aids regarding the Residence Act and all ancillary laws and generally forms the basis for embassy staff's decisions.
Related legal source: Section 6 Residence Act
Related VISAGUARD article: Visa Guide
Visa categories (A-, B-, C-, D-)
Visa categories A, B, C, and D refer to different types of visas, which are differentiated by duration, purpose, and right of residence. An A visa is an airport transit visa, a C visa is a Schengen visa, and D visas are long-term national visas. The B visa was a transit visa, but no longer exists in this form.
Related legal source: Art. 1, Art. 2 Visa Code , Section 6 Residence Act
Related VISAGUARD article: Visa types
Visa requirement
A visa requirement (i.e., the obligation to obtain a visa before entering the country) generally applies to all foreign nationals (see Section 5, Paragraph 2 of the Residence Act ). However, numerous nationals are exempt from this requirement (see, for example, Section 41 of the Residence Ordinance ). The Federal Foreign Office provides a list showing which nationalities must apply for a visa before entering the country .
Related legal source: Section 5 (2) Residence Act
Related VISAGUARD article:Visa requirement
Power of attorney/attorney's power of attorney
The power of attorney authorizes attorneys to perform legal acts on behalf of the foreign national. The power of attorney is a prerequisite for representation by a lawyer before German authorities and courts ( Section 164 of the German Civil Code ).
Related legal source: § 164 BGB
Related VISAGUARD article: Visa court proceedings
Pre-approval
Advance approval from the Federal Employment Agency can accelerate the admission of a person from a third country to the German labor market. In these cases, the Federal Employment Agency approves the employment before the visa application is submitted, which speeds up the visa process because approval no longer needs to be obtained from the embassy. In principle, not only the Federal Employment Agency can grant advance approval, but also the immigration authorities (e.g., in cases of family reunification; see Section 31 (3) of the Residence Ordinance ).
Related legal source: Section 39 Residence Act
Related VISAGUARD article: Approval of the Federal Employment Agency
Preparatory detention
A foreigner who remains in the Federal territory in contravention of an existing entry and residence ban and does not have an entry permit must be taken into custody by court order in preparation for a deportation warning if he or she poses a significant threat to the life and limb of third parties or to important legal interests of internal security or if he or she has been deported due to a particularly serious interest in deportation.
Related legal source: Section 62c Residence Act
Related VISAGUARD article: Criminal law for foreigners
Previous employment period
Previous employment periods refer to periods during which a foreign national has already pursued dependent employment subject to instructions. This period of previous employment is relevant, for example, for unrestricted access to the labor market (see Section 9 of the Employment Regulations ).
Related legal source: § 9 BeschV
Related VISAGUARD article: Obtaining an unlimited work permit
Priority check
In some cases, the Federal Employment Agency must conduct a priority check for immigrants to take up employment. This check determines whether the specific position can be filled by a person registered as a job seeker in Germany. According to legal doctrine, the priority check should be conducted, for example, in cases involving the employment of privileged nationals (see Section 26 (1) of the Employment Ordinance ). However, the priority check plays a virtually non-existent role in immigration law practice and has largely been abolished today.
Related legal source: Section 39 Residence Act
Related VISAGUARD article: Priority check
Temporary protection
A foreign national who is granted temporary protection on the basis of a decision of the Council of the European Union pursuant to Directive 2001/55/EC and who has declared his willingness to be admitted to the Federal territory shall be granted a residence permit for the duration of the temporary protection.
Related legal source: Section 24 Residence Act
Related VISAGUARD article: International Law and Humanitarian Obligations
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