Glossary: Residence permit
Category: Visa & Residence Permits (Residence title as temporary residence permit according to § 4 para. 1 sentence 2 no. 2 AufenthG )
Author: Mirko Vorreuter , LL.B. , Attorney at Law and Specialist Attorney for Immigration Law (License examination via the Federal Official Directory of Lawyers possible)

Image description: The image shows a binding template of a residence permit in the form of a so-called " electronic residence permit (eAT) " as defined in Section 78 of the German Residence Act (AufenthG). The template is based on Council Regulation (EC) No. 1030/2002 of 13 June 2002 on the uniform design of residence permits for third-country nationals , which is regularly updated. In exceptional cases, the residence permit can also be issued as an adhesive label ("visa sticker") affixed to the passport , in accordance with Section 78a of the German Residence Act (AufenthG). Unlike the electronic residence permit, the corresponding template for the adhesive label is not regulated at the European level by Regulation (EC) No. 1030/2002, but nationally in Annex D14 of the German Residence Ordinance (AufenthV) (residence permit pursuant to Section 4 Paragraph 1 Nos. 2 to 4 of the German Residence Act ).
Under “Remarks” (or on the supplementary sheet ), the purpose of the stay, including the relevant section (§), must be entered for residence permits. Under “Remarks,” it must also be entered whether gainful employment is permitted or not ( § 4a para. 3 sentence 1 of the German Residence Act ). The formal validity period must also be entered under “Remarks” if it differs from the substantive validity period of the residence permit. In some cases, further supplementary provisions are entered under “Remarks” at the discretion of the case worker (e.g., conditions for termination in the case of receiving social benefits).
Table of contents
1. What does a residence permit look like (image)?
2. Definition of residence permit
3. Who needs a residence permit?
4. Example of a residence permit
5. Important information about the residence permit
5.1 Duration of the residence permit
5.2 Extension of the residence permit
5.3 Costs of the residence permit
5.4 Processing time of the residence permit
5.5 Authority responsible for issuing the residence permit
6. Rights and opportunities regarding residence permits
6.1 Work permit combined with residence permit
6.2 Study, school, language course with the residence permit
6.3 Family reunification with a residence permit
6.4 Travel and stays abroad with a residence permit
6.5 Eligible group of persons for a residence permit
7. Requirements for a residence permit
8. Required documents: Residence permit
9. Apply for a residence permit online
10. Advantages of a residence permit
11. Consolidation of residence status with a residence permit
11.1 Path from residence permit to settlement permit
11.2 Path from residence permit to naturalization
11.3 Next steps: Residence permit
12. Legal basis for residence permit
13. Important laws regarding residence permits
14. Important rulings on residence permits
15. Frequently Asked Questions about Residence Permits
16. Further information
16.1 Residence permit in other glossaries
16.2 Related Topics
16.3 Blog posts on residence permits
16.4 Glossary entries on residence permits
16.5 Sources and references regarding the residence permit
Definition of residence permit
The residence permit pursuant to Section 7 of the German Residence Act (AufenthG) (colloquially/archaically also: residence authorization; English: residence permit) is a temporary residence title ( Section 7 AufenthG ) for entry into and residence in Germany. It is granted for the purposes of residence specified in the Residence Act (e.g., "residence permit for the purpose of employment "). In justified cases, a residence permit may also be granted for a purpose of residence not provided for in the Residence Act. The term residence permit is often used synonymously with the term " visa ," although this is legally incorrect terminology.
Who needs a residence permit?
Every foreigner who wishes to reside permanently in Germany needs a residence permit . Some foreigners can stay in Germany for up to 90 days without a residence permit ( citizens of countries with special status ). Every non-European foreigner needs a residence permit to work in Germany, even if they are allowed to enter visa-free and stay for up to 90 days ( § 4a AufenthG ). Working without a residence permit is only permitted in cases of " deemed non-employment " ( § 30 BeschV ).
Example : A Turkish nursing professional wants to work in Germany. After successful recognition of her qualifications, she initially receives a D visa and, after entry, a residence permit according to § 18a of the German Residence Act (AufenthG) for an initial period of 2 years.
Important information about residence permits
Duration of residence permit
The duration of a residence permit must be limited in accordance with the intended purpose of the stay ( § 7 para. 2 of the German Residence Act ). The duration of the residence permit is therefore determined, for example, by the length of the employment contract or the duration of studies or vocational training . A residence permit for the purpose of family reunification may be granted for a maximum of the validity period of the residence permit of the foreigner during which the family reunification takes place. The duration of a residence permit for family reunification is at least one year ( § 27 para. 4 of the German Residence Act ).
Extension of residence permit
An extension of the residence permit is possible as long as the purpose of the stay remains the same. If the requirements for granting a residence permit continue to be met after its expiry, an extension is generally straightforward ( § 8 AufenthG ).
Costs of a residence permit
A residence permit valid for up to one year costs €100 ( § 45 No. 1 AufenthV ). Extending a residence permit costs €96 (§ 45 No. 2 AufenthV). Changing the purpose of residence and subsequently issuing a new residence permit costs €98 (§ 45 No. 3 AufenthV). Legal fees, potential court costs , and translation and authentication costs are not included.
Processing time for residence permit
The processing time for a residence permit depends on the authorities involved and the type of residence permit. In practice, the processing time depends primarily on whether the approval of the Federal Employment Agency is required, as this necessitates approval from an additional authority with a separate application process. The processing time is generally 2 to 6 months. After 3 months of processing time for the residence permit, an action for failure to act can be filed ( § 75 VwGO ). The processing time can be expedited if the application is well-prepared and the case worker works efficiently and effectively.
Competent authority for residence permits
The local immigration authorities are responsible for issuing residence permits ( § 71 para. 1 sentence 1 of the Residence Act ). The competent authority for a residence permit is determined by the applicant's habitual residence ( § 3 para. 1 no. 3 a) of the Administrative Procedure Act ). This is usually their place of residence. The jurisdiction of the immigration authorities can be determined using the BAMF-NAvI database .
Rights and options regarding residence permits
Work permit, residence permit
Foreign nationals who hold a residence permit are allowed to work unless a law or the supplementary provisions under "Remarks" stipulate a prohibition ( § 4a para. 1 of the German Residence Act ). As a general rule, residence permits for employment ( §§ 18 et seq. of the German Residence Act ) generally permit work for a specific employer , residence permits for family reunification ( §§ 27 et seq. of the German Residence Act ) permit any employment (including self-employment), and residence permits for education/studies ( §§ 16 et seq. of the German Residence Act ) permit work only to a very limited extent or not at all. However, the specifics usually depend on the type of residence permit and the supplementary provisions imposed by the authorities regarding the work permit.
University studies , school , language course with residence permit
Attending university, school, and language courses is possible with any residence permit or residence title . Unlike a work permit, no separate permit is required for this.
Family reunification with a residence permit
Family reunification with the holder of a residence permit is generally always possible ( § 29 para. 1 no. 1 of the German Residence Act). However, this depends on the type of family reunification and the type of residence permit. Spousal reunification is always possible if the residence permit has been valid for at least two years ( § 30 para. 1 sentence 1 no. 3 d) of the German Residence Act ) or if the marriage already existed when the residence permit was granted (§ 30 para. 1 sentence 1 no. 3 e) of the German Residence Act). For numerous residence permits (especially for work purposes ), there are exceptions to this rule. The reunification of minor children with the holder of a residence permit is almost always possible (see § 32 of the German Residence Act ). Family reunification with the holder of a residence permit is only possible for skilled workers ( § 36 para. 3 AufenthG ) or in cases of particular hardship ( § 36 para. 2 AufenthG ) if the child is already of legal age.
Travel and stays abroad Residence permit
Entry to and exit from Germany is straightforward with a residence permit , as long as the permit is valid . A certificate of deemed residence is required for travel with an expired residence permit. Stays abroad of up to six months are permitted with a residence permit ( § 51 para. 1 no. 7 of the German Residence Act ). However, the residence permit expires even before the six-month period if the departure is for a non-temporary reason (§ 51 para. 1 no. 6 of the German Residence Act). The strongest indication of a non-temporary reason for departure is the deregistration of one's residence (so-called registration gap).
Eligible group of persons: Residence permit
All non- European foreigners (third-country nationals) are eligible to obtain a residence permit . Due to jurisdictional regulations , only foreigners currently in Germany can apply for a residence permit. Foreigners still abroad must apply for a visa instead of a residence permit ( § 6 AufenthG ). German citizens cannot obtain a residence permit because the Residence Act does not apply to them ( § 1 AufenthG ). European citizens do not need a residence permit, but rather a certificate of free movement . Family members of European citizens also do not need a residence permit, but rather a freedom of movement card in accordance with the Freedom of Movement Act (§ 5 para. 1 FreizügG/EU). Diplomats and heads of state also do not require a residence permit, as the Host State Act (GastStG) applies to them, not the Residence Act ( § 1 para. 2 no. 2 AufenthG ). The same applies to employees of international organizations (also subject to the Host State Act (GastStG) ) and NATO military personnel ( Status of Forces Agreement (SOFA) ) as well as their respective family members, to whom the relevant international treaties and not the Residence Act (AufenthG) apply ( § 1 para. 2 no. 3 AufenthG ).
Requirements for a residence permit
The requirements for a residence permit differ depending on the purpose of the stay (so-called special residence requirements). However, some requirements must be met for every residence permit (so-called general residence requirements according to Section 5 of the Residence Act ).
The requirements for a residence permit are as follows:
[Fulfillment of the special residence requirement (e.g. employment contract , study offer or family in Germany )]
Secure livelihood or financial resources ( § 5 para. 1 no. 1 AufenthG )
Valid passport and verified identity (§ 5 para. 1 no. 1a, no. 3 Residence Act)
No ongoing investigations/no pending criminal proceedings against the applicant (see Section 79 Paragraph 2 of the Residence Act )
No grounds for deportation (no negative AZR/SIS/VIS entries ), no security risk, no criminal record (§ 5 para. 1 no. 2, no. 3 AufenthG) and no entry ban ( § 11 AufenthG )
Entered Germany with a long-term D visa (i.e., not entry with a short-term Schengen visa and not illegal entry (so-called visa requirement ; Section 5 Paragraph 2 of the Residence Act)); exception: nationals of countries closely associated with Germany as defined in Section 41 of the Residence Ordinance
No specific grounds for rejection ( § 10 AufenthG (previous asylum application) or § 19f AufenthG (in particular previous international protection)) and no grounds for expiry ( § 51 AufenthG ) exist.
The requirements for a residence permit are met with the appropriate documents (e.g., proof of income demonstrates sufficient means of subsistence ). The fulfillment of these requirements is frequently the subject of administrative and judicial proceedings.
Required documents: Residence permit
The documents required for a residence permit depend on the responsible immigration authority and the type of residence permit. The required documents can vary from authority to authority and are usually listed on the immigration authority's website. These documents are needed to prove that the legal requirements for the residence permit are met.
It is not possible to definitively answer which documents are required for applying for a residence permit in all cases. Contrary to a widespread misconception, the residence permit application process is not bound to a specific form ( Administrative Court Osnabrück, decision of April 24, 2009, 5 B 29/09 ) . Nevertheless, administrative practice at the immigration authorities (which is subject to the discretion of the case workers) has shown that at least the following documents are usually required for a residence permit:
Proof of purpose of stay: e.g. employment contract and declaration of employment for work permits, or certificate of enrollment for study permits , or training contract for training visas , or marriage certificate for spousal residence permits , or birth certificate for child reunification .
Proof of personal data: Application form for the residence permit (if an online application is not possible (depending on the respective immigration authority))
Proof of identity and nationality : passport copy or photo of passport
Proof of legal first entry: Copy of the visa used for the first entry (if not visa-free entry for Best Friends nationals according to § 41 AufenthV )
Proof of entry date: Image of the entry stamp
Proof of residence for the jurisdiction of the immigration authority : Registration certificate in accordance with § 18 BMG
Proof of sufficient means of subsistence ( housing ): Rental agreement stating the size of the apartment and proof of payment of rent (e.g., bank statements); for condominiums, the rental agreement must be replaced by an excerpt from the land register and the purchase agreement.
Proof of sufficient means of subsistence ( health insurance ): Health insurance certificate and, if requested by the case worker, also a description of benefits and confirmation of sufficient scope of health insurance benefits from BaFin.
Proof of sufficient means of subsistence ( financial resources for daily needs ): Screenshot of bank statement or confirmation from the bank regarding assets
Only for extension of the residence permit : Old residence permit
Only required if applying through an authorized representative (e.g., a lawyer ): Power of attorney
Apply for a residence permit online
The residence permit can be applied for online at the relevant immigration office. The links to the online applications for a residence permit at the municipal immigration offices for the 10 largest cities are as follows:
Advantages of a residence permit
A residence permit has the following advantages:
Staying in Germany and entering Germany is possible.
Studying or taking a language course is possible in Germany.
Working in Germany is possible.
The family may be brought to Germany under certain circumstances.
A residence permit can be converted into a settlement permit .
Some residence permits entitle the holder to naturalization .
Some social assistance benefits can be applied for.
The path from residence permit to settlement permit
The path from a residence permit to a settlement permit depends on the type of residence permit. Generally, a residence permit can be converted into a settlement permit if the foreigner has held the residence permit for five years , has B1 level German language skills , and is integrated into German society ( § 9 AufenthG ). Residence permits for work generally lead more quickly to a settlement permit for skilled workers ( § 18c AufenthG ). Self-employed individuals can convert their residence permit into a settlement permit after three years ( § 21 para. 4 AufenthG ). A Schengen visa cannot lead to a settlement permit.
The path from residence permit to naturalization
Naturalization is generally possible with a residence permit (see Section 10 Paragraph 1 Sentence 1 No. 2 of the German Nationality Act ), provided the other requirements for naturalization are met. However, this depends on the type of residence permit. Some residence permits do not entitle the holder to naturalization but must first be converted into a settlement permit . The following residence permits do not entitle the holder to naturalization (see Section 10 Paragraph 1 Sentence 1 No. 2 of the German Nationality Act):
Residence permit for the purpose of carrying out qualification measures ( § 16d AufenthG )
Residence permit for a study-related internship in the EU ( § 16e AufenthG ) and for the European Voluntary Service ( § 19e AufenthG )
Residence permit for a language course or for pupils ( § 16f AufenthG )
Residence permit for the purpose of seeking an apprenticeship or university place ( § 17 AufenthG )
Residence permit for mobile researchers ( § 18f AufenthG )
ICT card and mobile ICT card ( §§ 19, 19b AufenthG )
Job Seeker Visa and Opportunity Card ( §§ 20, 20a, 20b AufenthG )
many humanitarian residence permits (§§ 22, 23a, 24, 25 paragraphs 3 to 5 and § 104c AufenthG)
Contrary to a widespread misconception, holding a residence permit that does not entitle one to naturalization does not mean that the time spent with that permit does not count towards the naturalization period . This time does count; it simply means that a change to a different residence permit (e.g., a permanent residence permit ) is required before naturalization can take place.
Next steps: Residence permit
First, determine which purpose of stay applies to you ( work , study , family , etc.). Then, research which documents are required to prove the purpose of your stay for your residence permit (e.g., employment contract , university acceptance letter , or marriage certificate). If you have held your residence permit for several years, you can apply for a permanent residence permit. Our lawyers will be happy to advise you on the specific requirements and assist you with the application process. → Book an appointment
Legal basis for residence permit
The legal basis for the residence permit is Section 7 of the Residence Act (general legal basis). The legal basis according to Section 7 of the Residence Act is then supplemented (“in conjunction with (iVm)”) by the specific legal basis (e.g., Section 16b of the Residence Act for the residence permit for study purposes , Section 18b of the Residence Act for the residence permit for academic professionals , Section 18d of the Residence Act for the residence permit for researchers , or Section 30 of the Residence Act as the legal basis for the residence permit for family reunification ).
Important laws regarding residence permits
The most important laws regarding residence permits are the following:
Important rulings on residence permits
The most important rulings regarding residence permits are the following:
The granting/extension of a residence permit is not subject to any requirement of written form. Whether, when, and how a residence permit is granted to a foreigner during a personal interview depends on the circumstances of the individual case ( Higher Administrative Court of Kassel, decision of December 16, 2020 - 9 B 2282/20 ).
The application must clearly state the purpose for which a residence permit is being requested (OVG Berlin-Brandenburg BeckRS 2021, 980).
If a condition subsequent is added to a residence permit, this constitutes a partial revocation, which is at the discretion of the authority and must be justified accordingly (Administrative Court Munich, decision of 14.01.2015 - M 24 K 14.3629).
Frequently asked questions about residence permits
What is the difference between a residence permit and a residence title?
The term "residence permit" is the umbrella term for all types of residence rights that allow foreigners to reside in Germany. The residence permit pursuant to Section 7 of the German Residence Act (AufenthG) is merely a specific subcategory of this permit. Other residence permits include, for example, the settlement permit, the EU Blue Card, and the visa. A complete list of all residence permits can be found in Section 4 of the German Residence Act (AufenthG).
What types of residence permits are there?
A residence permit is granted for a specific purpose. Generally, there are the following types/purposes of residence permits: residence for educational purposes (Section 3 of the Residence Act), residence for employment purposes (Section 4 of the Residence Act), humanitarian residence (Section 5 of the Residence Act), and family reunification (Section 6 of the Residence Act).
What happens after a 3-year residence permit?
After three years, under certain conditions, a transition to permanent status or an extension of residency is possible. For example, spouses of German citizens can apply for a settlement permit after three years of legal residence. Skilled workers also often have opportunities to consolidate their residency after three to four years, provided their livelihood and language skills are secured. However, the standard transition from a residence permit to a settlement permit is only possible after five years.
What counts as a residence permit?
A residence permit is a temporary residence title issued under the Residence Act (see Section 7 of the Residence Act). It is generally issued as an electronic residence permit (eAT) in credit card format or as a plastic card and contains information about the duration of the permit and any conditions, such as permission to work. Other residence options that are not based on a legal purpose of stay (e.g., tolerated stay and temporary residence permits) do not constitute a residence permit.
Is a residence permit always permanent?
No, a residence permit is always temporary. It is granted for a specific period and must be renewed if the requirements continue to be met. In contrast, a settlement permit is an unlimited residence title, which can usually only be applied for after several years with a residence permit (see Section 9 of the German Residence Act).
Residence permit in other glossaries
The term "residence permit" can also be found in the following glossaries:
Residence permit in PRADO - Public online register of genuine identity and travel documents
Residence permit in the glossary of the Federal Ministry of the Interior (BMI)
Residence permit in the glossary of the Federal Agency for Civic Education (bpb)
Residence permit in the glossary of the Expert Council on Migration and Integration (SVR)
Residence permit from the Asylum & Migration Information Network
Klaus Weber, Legal Dictionary: Residence Permit, 34th Edition 2025
Sources and references regarding residence permits
( Government resources and literature )
[3] Application guidelines of the Federal Ministry of the Interior and for
Homeland on the Skilled Immigration Act (Federal Law Gazette I 2019, p. 1307) under
Consideration of the law and the regulation for the further development of
[4] Bergmann/Dienelt, Commentary on Immigration Law, 15th ed. 2025, Residence Act § 7
[5] Erbs/Kohlhaas, Strafrechtliche Nebengesetze (AufenthG), 259th ed. October 2025, § 7 para. 1, 2
[6] Hofmann (ed.): NK-Ausländerrecht, 3rd ed. 2023, AufenthG § 7
[7] Huber/Mantel/Eichhorn, Residence Act/Asylum Act, 4th ed. 2025, Residence Act § 7
[8] BeckOK AuslR/Maor, 46th ed. 1.10.2025, AufenthG § 7 Rn. 1-22
[9] BeckOK MigR/Beiderbeck, 24th ed. 1.1.2026, AufenthG § 7 Rn. 1-15.1
[10] Harbou/Tometten in Munich Lawyers' Handbook on Administrative Law, 5th ed. 2023, § 23 para. 29-36
[11] Munich Lawyers' Handbook on Employment Law, Melms/Felisiak, 6th ed. 2025, § 11 para. 37-47
[12] Kluth/Hornung/Koch | Handbook of Immigration Law, 4th ed. 2025, § 4 para. 17-26
[13] Tim Kliebe/Reinhard Marx, Immigration and Asylum Law, § 2 Extension and Consolidation of a Residence Permit, 4th edition 2020
[14] Lisken/Denninger/Bäcker, Handbook of Police Law, 8th ed. 2026, Chapter 8, para. 54
[15] Klaus: Fee-related aspects of issuing residence permits
[16] Article by Klaus, ZAR 2025, 453
[17] Zeitler: The late application for extension of a residence permit, article by Zeitler, ZAR 2010, 133
[18] Expiry of residence permit, article by Dr. Rolf Gutmann, NJW 2011, 36
Last updated: March 4, 2026
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