Free movement of goods
The free movement of goods is one of the EU's freedoms. It prohibits quantitative import restrictions and all measures having equivalent effect between Member States.
Related legal source: Article 34 TFEU
Related VISAGUARD article: EU freedom of movement
Works and services contract
A work and materials contract exists when third-country nationals travel to Germany to set up, assemble, maintain, or repair machines, systems, and electronic data processing programs for commercial purposes that have been ordered from the employer, or to provide training in the operation of these machines, systems, and programs (see Section 19 of the Employment Ordinance ). There are other variants of work and materials contracts (see ibid.). Under certain circumstances, work and materials contracts constitute a fiction of non-employment and can therefore be executed in some cases without a work permit (see Section 30 No. 2 of the Employment Ordinance ).
Related legal source: Section 19 BeschV
Related VISAGUARD article:Cross-border work deliveries
Western Balkans regulation
The Western Balkans Regulation is a special regulation in German residence law that provides citizens of certain Western Balkan states with the opportunity to take up employment in Germany under visa and residence law – regardless of their professional qualifications.
Related legal source: Section 26 (2) Employment Ordinance
Related VISAGUARD article: Western Balkans Regulation
Non-competition clause (statutory and post-contractual)
A (post-contractual) non-competition clause is an agreement between employer and employee in which the employee restricts his or her commercial activity for the period after the employment relationship has ended. The non-competition clause is legally binding during the employment contract (§§ 74 et seq. of the German Commercial Code (HGB). The (post-contractual) non-competition clause is often found in the employment contracts of executives. Labor courts have established strict requirements for the effectiveness of non-competition clauses.
Related legal source: §§ 74 ff. HGB
Related VISAGUARD article: Non-competition clause in employment contracts
Revocation
In general administrative law, revocation is the annulment of a lawful administrative act for the future (ex nunc) by an authority (see Section 49 of the Administrative Procedure Act ). The Residence Act regulates specific grounds for revocation (e.g., lack of a passport; see Section 52 of the Residence Act ).
Related legal source: Section 49 VwVfG , Section 52 AufenthG
Related VISAGUARD article: Expiry of residence permit
Contradiction
An objection prevents the finality of an administrative act (e.g., the rejection of an application for a residence permit). The objection must be filed (usually in writing) with the authority that issued the administrative act within one month of the administrative act being notified to the person complained about.
Related legal source: Section 70 VwGO
Related VISAGUARD article: Legal proceedings visa law Germany
Reparation naturalization
Former German citizens who were deprived of their citizenship for political, racial or religious reasons between 30 January 1933 and 8 May 1945, and their descendants, may be renaturalised upon application (reparation naturalisation).
Related legal source: Article 116, paragraph 2 of the Basic Law
Related VISAGUARD article: Naturalization by descent
Vienna Convention on Diplomatic Relations
The Vienna Convention on Diplomatic Relations (VCDR) is an international treaty that codifies the rules of diplomatic relations between states. The Convention regulates the establishment, functions, and privileges of diplomatic missions (e.g., embassies and consulates) and their members. It is the central instrument of international law for ensuring orderly diplomatic relations and guaranteeing diplomatic immunities and protections.
Related legal source: Art. 1 ff. VCDR
Related VISAGUARD article: Diplomats and international organizations
Vienna Convention on Consular Relations (VCCR)
The Vienna Convention on Consular Relations (VCCR) is an international treaty that regulates consular relations between states. The VCCR defines the duties consulates may perform, such as protecting the interests of the sending state and its nationals in the receiving state, issuing passports, visas, and other travel documents, providing assistance to nationals of the sending state (e.g., in cases of arrest or death), notarizing legal transactions, and maintaining economic, cultural, and scientific relations.
Related legal source: Art. 1 ff. WÜK
Related VISAGUARD article: Diplomats and international organizations
Academic visa/research visa
Third-country nationals who fall under the definition of a researcher or who carry out scientific activities within the meaning of the REST Directive are entitled to a residence permit for research in Germany (scientist visa/research visa).
Related legal source: Section 18e Residence Act
Related VISAGUARD article: Visa for researchers
residence
A dwelling, as defined by registration law, is any enclosed space used for living or sleeping. Accommodation on board a naval vessel is also considered a dwelling. Caravans and houseboats are only considered dwellings if they are not moved or are only occasionally moved (see Section 20 of the Federal Act on the Residence of the Federal Foreigners (BMG ). The Residence Act sets various requirements regarding the quality of dwellings to ensure that they are suitable for securing a livelihood.
Related legal source: BMG
Related VISAGUARD article: Living space for residence permit holders
Residence requirement
A foreigner who is required to leave the country and whose livelihood is not secured is obliged to take up his habitual residence in a specific place (residence requirement).
Related legal source: Section 62 para. 1d Residence Act
Related VISAGUARD article: Additional provisions in the right of residence
Confirmation of accommodation provider
A landlord is obliged to cooperate in the registration of the apartment. To do so, the landlord or a person authorized by the landlord must confirm the move-in to the person required to register in writing (Section 19 (1) Sentence 1 of the Federal Residence Act (BMG )). The confirmation from the landlord must contain the name and address of the landlord and, if the landlord is not the owner, also the name of the owner, the move-in date, the address of the apartment and the names of the persons required to register. The registration of the apartment can be carried out with the landlord's confirmation. After registration, a residence permit can be applied for at the immigration office using the registration certificate ( Section 18 BMG ).
Related legal source: Section 19 para. 1 sentence 1 BMG
Related VISAGUARD article: Living space for residence permit holders
Working holiday
Germany has concluded bilateral agreements with various countries regarding working holiday programs. These programs allow young adults from participating countries to stay in Germany for up to 12 months to explore the country while simultaneously financing their stay through summer jobs. To obtain a working holiday visa, a national visa must generally be applied for at the German diplomatic mission in the home country.
Related legal basis: Section 29 (3) BeschV
Related VISAGUARD article: Working Holiday Visa
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