Central Aliens Authority
Central immigration authorities are immigration authorities that perform residence-related tasks throughout a federal state. A basic distinction can be made between central skilled immigration authorities (e.g., the Central Skilled Immigration Office of North Rhine-Westphalia) and central deportation authorities (e.g., the State Directorate of Saxony). Not all federal states have central immigration authorities. The states are required to establish at least one central immigration authority for the purpose of labor migration ( Section 71 (1) of the Residence Act ).
Related legal source: Section 71 para. 1 Residence Act
Related VISAGUARD article: Responsibility of the Immigration Office
Trades without licensing requirements
A trade is classified as a license-exempt craft within the meaning of the Crafts Code if it is carried out as a craft and is listed in the Crafts Code accordingly (see Appendix B of the Crafts Code ). After registering such a craft with the Chamber of Crafts, the trader receives confirmation of its entry in the register of license-exempt and craft-like trades.
Related legal source: Annex B of the HWO
Related VISAGUARD article: Get your profession recognized
Crafts requiring licensing
A business is classified as a craft requiring a license if it is operated in a craft-like manner and either completely covers a trade listed in the Crafts Code or carries out essential activities of this trade (see Annex A of the Crafts Code ).
Related legal source: Annex A of the HWO
Related VISAGUARD article: Get your profession recognized
Admission requirements (study)
Every German citizen is entitled to study at the university of their choice if they can demonstrate the qualifications required for the program. Citizens of another member state of the European Union are treated equally to German citizens if they can demonstrate the language skills required for the program. Barriers to admission that are inherent to the applicant, regardless of their qualifications, are governed by state law ( Section 27 of the Higher Education Act ).
Related legal source: § 27 HRG
Related VISAGUARD article: Study visa
Deportation
A foreigner apprehended in connection with illegal entry across a border shall be deported (see Section 57 of the Residence Act ). Deportation is generally the basis for an entry ban under Section 11 Paragraph 1 of the Residence Act. Unlike rejection, deportation takes place after the actual border crossing.
Related legal source: Section 57 Residence Act
Related VISAGUARD article: Border control and entry
Rejection
Rejection (or refusal of entry) is a police measure to prevent an illegal entry (see Section 15 of the Residence Act ). Unlike expulsion, rejection occurs before the actual border crossing.
Related legal source: Section 15 Residence Act
Related VISAGUARD article: Border control and entry
Detention for rejection
A foreigner should be taken into custody (rejection detention) by court order to ensure that he or she is returned to the country if a decision to reject him or her has been made and this decision cannot be implemented immediately.
Related legal source: Section 15 Residence Act
Additional sheet
The supplementary sheet is an extension of the paper electronic residence permit (eAT). The supplementary sheet typically regulates ancillary provisions such as employer ties.
Related legal source: Section 78 Residence Act
Related VISAGUARD article: Electronic Residence Permit (eAT)
Assurance (Residence Act)
A commitment issued by the competent authority to issue or refrain from issuing a specific administrative act at a later date (assurance) must be in writing to be effective (see Section 38 of the Administrative Procedure Act ). The administrative assurance is of practical relevance to residence law, especially in the case of the assurance of naturalization.
Related legal source: Section 38 VwVfG
Related VISAGUARD article: Administrative procedures in residence law
Jurisdiction
Jurisdiction determines which authority is responsible for processing the foreigner's application. Foreign missions (embassies and consulates) are responsible abroad, while domestic immigration authorities are responsible. Local jurisdiction is determined by the foreigner's place of residence or abode (see Section 3, Paragraph 1, No. 3 of the Administrative Procedure Act ). Subject-matter jurisdiction in residence law is governed by Sections 71 et seq. of the Residence Act .
Related legal source: Section 3 paragraph 1 no. 3 VwVfG , Sections 71 ff. AufenthG
Related VISAGUARD article: Responsibility of the Immigration Office
delivery
Service is the notification of a written or electronic document in the form specified by the Administrative Service Act (see Section 2 of the Administrative Procedure Act ). Service should not be confused with notification pursuant to Section 41 of the Administrative Procedure Act .
Related legal source: Section 2 VwZG
Related VISAGUARD article: Administrative procedures in residence law
Approval of the Federal Employment Agency
The approval of the Federal Employment Agency is an internal legal act. The granting of a residence permit for employment purposes requires the approval of the Federal Employment Agency, unless approval is not required by law, the Employment Ordinance, or a provision in an intergovernmental agreement. Approval may be granted if stipulated by law, the Employment Ordinance, or an intergovernmental agreement. The approval of the Federal Employment Agency is not an administrative act pursuant to Section 35 of the Administrative Procedure Act.
Related legal source: Section 39 Residence Act
Related VISAGUARD article: Approval of the Federal Employment Agency
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