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Glossary: Residence permit

Category: Visa & Residence Permits (Residence permit according to § 4 para. 1 sentence 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)

The image shows an official/formal legal template of a residence permit/eAT ("electronic residence permit") in the form of a plastic card. The plastic card is the physical document with which foreigners prove their residence status in Germany.

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 ) (applicable when issued domestically by the immigration authorities). 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") by the immigration authorities and affixed to the passport , in accordance with Section 78a of the German Residence Act. Unlike the electronic residence permit, the corresponding template for the adhesive label is not regulated under European law in Regulation (EC) No. 1030/2002 , but nationally in Annex D14 of the German Residence Ordinance (AufenthV) (residence permits pursuant to Section 4 Paragraph 1 Nos. 2 to 4 of the German Residence Act ).

If the residence permit is not issued as an electronic residence permit by the immigration authorities in Germany, but as a visa by German diplomatic missions abroad, the form of the residence permit must comply with Regulation (EC) No. 1683/95 on a uniform format for visas . Regulation (EC) No. 1683/95 on a uniform format for visas has been transposed into German law by Section 59 of the Residence Ordinance (AufenthV) . The visa stamp is shown in Annex D13a of the Residence Ordinance .


Under “Remarks” (or on the supplementary sheet ), the purpose of the stay, including the relevant paragraph (§), must be entered for the residence permit. Under “Remarks,” it must also be entered whether gainful employment is permitted or not ( § 4a para. 3 sentence 1 of the German Residence Act ). Furthermore, the substantive validity period of the residence permit must be entered under “Remarks” if it differs from the formal validity period (e.g., due to an expiring passport (“Permit substantively valid until…”)). 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 Germany

3. Who needs a residence permit?

4. Example of a residence permit

5. Important information about the residence permit

5.1 Duration of residence permit

5.2 Extension of a residence permit

5.3 Costs of a residence permit in Germany

5.4 Processing time for residence permits

5.5 Competent authority for residence permits in Germany

6. Rights and opportunities regarding residence permits

6.1 Work permit with residence permit

6.2 Study, school, language course with 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 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 with a residence permit in Germany

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 Residence Permits

14. Important rulings on residence permits

15. Frequently Asked Questions about Residence Permits

16. Further information

16.1 Residence permits in other glossaries

16.2 Related Topics

16.3 Blog posts on residence permits

16.4 Glossary entries for residence permit

16.5 Sources and references for the residence permit

Definition of residence permit

A residence permit pursuant to Section 4 of the German Residence Act (AufenthG ) is a positive, favorable administrative act issued by the competent migration authorities in Germany ( Section 35 of the German Administrative Procedure Act (VwVfG )) to third-country nationals who wish to reside in Germany. Third-country nationals require a residence permit for entry into and residence in Germany, unless otherwise stipulated by European Union law or by statutory instrument ( Section 4, Paragraph 1, Sentence 1 of the German Residence Act ). Residence permits are issued as visas ( Section 6 of the German Residence Act ), residence permits ( Section 7 of the German Residence Act ), or settlement permits ( Section 9 of the German Residence Act ). In addition to these basic German residence permits, there are special residence permits under European law ( EU Blue Card ( § 18g AufenthG ), ICT Card ( § 19 AufenthG ) and EU long-term residence permit ( § 9a AufenthG )), to which the rules for national residence permits apply accordingly (§ 4 para. 1 sentence 2 AufenthG). The term residence permit (constitutive) for third-country nationals under the Residence Act (AufenthG) must be strictly distinguished from the term residence card for Europeans entitled to freedom of movement (declaratory) under the Freedom of Movement Act (FreizügG/EU).

Who needs a residence permit?

Every non-European foreigner who wishes to reside in Germany requires a residence permit in the form of a visa , a residence permit , or a settlement permit (residence permit pursuant to Section 4 Paragraph 1 of the German Residence Act). This does not apply to short-term stays if an exemption from the visa requirement for short stays applies (see EU Regulation (EU) 2018/1806 ). For employment (including for nationals of countries with which Germany has close ties to the EU), a residence permit or a visa authorizing employment ( work visa ) is always required ( Section 4a of the German Residence Act ), unless a case of deemed non-employment pursuant to Section 30 of the German Employment Ordinance applies.

Example: A British biologist has been in Germany for 75 days and now needs a residence permit in order to be able to work in Germany.

Important information about the residence permit

Duration of residence permit

A residence permit for long-term initial entry ( D visa pursuant to Section 6 Paragraph 3 of the German Residence Act ) is usually issued for a period of 6 to 12 months (see Visa Handbook ). Short-term residence permits ( Schengen visa and airport transit visa ) are issued for a period of up to 90 days. Residence permits are issued as residence authorizations in the case of work and training visas for the duration of the training or employment contract ( Section 18 Paragraph 4 of the German Residence Act) and in the case of family reunification for the duration of the residence permit held by the reference person in Germany.

Extension of residence permit

The extension of a residence permit depends on the type of residence permit. Residence permits can be extended if the purpose of the stay remains valid. D visas do not need to be extended but must be converted into a residence permit. Schengen visas can only be extended in certain exceptional cases . Permanent residence permits ( settlement permit and EU long-term residence permit ) do not need to be extended, as they are valid indefinitely.

Cost of residence permit

The fee for issuing a national residence permit as a visa (category "D") is €75. If the residence permit is applied for domestically at the immigration office, the fee is €100 (§ 45 No. 1 AufenthV). A residence permit as a short-term Schengen visa costs €60. Legal fees, potential court costs , and translation and authentication fees may also apply, depending on the specific case.

Processing time for residence permit

The processing time for residence permits (visas) at the embassy depends on the country, the efficiency of the embassy, and the domestic authorities involved (e.g., approval procedures by the Federal Employment Agency for employment ( § 39 AufenthG ) or approval by the immigration office for family reunification ( § 31 AufenthV )), as well as the purpose of the residence permit . The issuance of a residence permit by the immigration office depends primarily on the office's workload. For Schengen visas, the processing time depends largely on the availability of appointments at the embassy or consulate, or with an external service provider. Overall, most residence permit procedures take between one and six months. In some cases, the assistance of a lawyer can significantly expedite the processing.

Competent authority for residence permits

For the issuance of residence permits abroad (visas), the German missions abroad (embassies and consulates) authorized by the Federal Foreign Office are responsible, according to Section 71 Paragraph 2 of the German Residence Act (AufenthG ). For applications for a residence permit within Germany ( Aufenthaltserlaubnis ), the immigration authorities are responsible ( Section 71 Paragraph 1 AufenthG ).

Rights and opportunities 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), 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, and Schengen visas (almost) never permit employment (see § 6 para. 2a of the German Residence Act ). However, the specifics of the residence permit and the supplementary provisions imposed by the authorities regarding the work permit are usually decisive.

Studies , school , language course , residence permit

Attending university, school, and language courses is possible with any residence permit (even with a Schengen visa ). Unlike a work permit, no separate authorization is required.

Family reunification residence permit

Family reunification with the holder of a residence permit is usually possible ( § 29 para. 1 no. 1 of the German Residence Act ; exception: Schengen visa ). 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 permits

Entry to and exit from Germany is straightforward with a residence permit, as long as the permit is valid . A certificate of fictitious residence is required for travel with an expired residence permit. Stays abroad are generally permitted for up to six months 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). Exceptions to these rules apply to holders of an EU Blue Card , a settlement permit , and an EU long-term residence permit (see § 51 paras. 9 and 10 of the German Residence Act).

Eligible group of persons for residence permits

All non-European foreigners (third-country nationals) are entitled to a residence permit. Foreigners whose habitual residence is outside of Germany must apply for a residence permit in the form of a visa at a German mission abroad (embassies and consulates). Foreigners already residing in Germany must apply for a residence permit in the form of a residence license at the immigration office instead of a visa. German and other European citizens cannot obtain a residence permit, as the Residence Act does not apply to them ( § 1 AufenthG ). 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 ).

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. Contact us to book an online appointment with a German immigration lawyer!

Requirements for a residence permit

The requirements for a residence permit vary depending on the type of residence permit, i.e., whether a visa , a residence permit , or a settlement permit (or the European Blue Card , ICT Card , or EU long-term residence permit ) is being applied for. Within these categories of residence permits, the requirements also differ depending on the purpose for which the respective residence permit is being applied for (e.g., a visa for studying or a residence permit for working ) and the duration of the residence permit (e.g., a residence permit for up to 90 days as a short-term Schengen visa or a settlement permit as an indefinite residence permit). However, some requirements must be met for every residence permit (so-called general residence requirements ( § 5 AufenthG )).

The general visa requirements for the issuance of a residence permit are (unless a specific exception applies) the following:


  1. Secure livelihood or financial resources ( § 5 para. 1 no. 1 AufenthG )

  2. Valid passport and verified identity (§ 5 para. 1 no. 1a, no. 3 Residence Act)

  3. No ongoing investigations/no pending criminal proceedings against the applicant (see Section 79 Paragraph 2 of the Residence Act )

  4. 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 )

  5. No specific grounds for refusal (e.g., Section 10 of the Residence Act or Section 19f of the Residence Act ) and no grounds for expiry ( Section 51 of the Residence Act ) exist.

  6. Depending on the purpose of stay and visa type: fulfillment of the special residence requirements (e.g. employment contract for work visa , enrollment offer for student visa and intention to return for Schengen visa)

  7. For first-time applications from within Germany: Legal first entry with a visa in accordance with Section 5 Paragraph 2 of the Residence Act (unless a national of a "Best Friends" country , Section 41 of the Residence Ordinance )

The requirements for a residence permit in Germany are proven with the appropriate documents (e.g., a valid passport proves identity and nationality). Fulfillment of the requirements for residence permits is frequently the subject of official and judicial proceedings . This applies particularly to proof of sufficient means of subsistence .

Required documents: Residence permit

The documents required for a residence permit depend on the type of residence permit being applied for ( visa , residence permit , settlement permit ). In particular, the documents required for a visa differ significantly from those required for a residence permit, as a residence permit is applied for at the immigration office within Germany, while a visa is applied for at German embassies and consulates abroad. The required documents for applying for a residence permit also vary considerably depending on the issuing authority, i.e., which immigration office or diplomatic mission is involved. Further differences arise depending on the specific type of residence permit being applied for (e.g., work visa or student visa ).

It is not possible to definitively answer which documents are required for applying for a residence permit in all cases, so the document requirements for residence permits should be taken from the respective glossary entries:

→ Document requirements for a D visa (90 days or more)

→ Document requirements for a Schengen visa (up to 90 days)

→ Document requirements for a residence permit

→ Document requirements for a residence permit

Apply for a residence permit online

Residence permits can often be applied for online if the respective type of residence permit is enabled for online application by the relevant authority. This is the case for the most common residence permits ( work visas , education visas , family reunification ) at the major migration authorities. A residence permit can be applied for online in Germany as follows:


→ Apply for a residence permit in the form of a visa online at the Federal Foreign Office

→ Apply for a residence permit online in Berlin

→ Apply for a residence permit online in Munich

→ Apply for a residence permit online in Hamburg

→ Apply for a residence permit online in Nuremberg

→ Apply for a residence permit online in Bonn

→ Apply for a residence permit online in Leipzig

→ Apply for a residence permit online in Bonn

→ Apply for a residence permit online in Essen

→ Apply for a residence permit online in Karlsruhe


Residence permits can also be applied for online at the immigration office in many other cities. To find out, simply check the website of your local immigration office to see if your type of residence permit can be applied for online.

Advantages of residence permits

  • Staying in Germany and (possibly multiple) entries into Germany are possible.

  • Studying or taking a language course in Germany is possible with a residence permit.

  • Working in Germany is possible if the residence permit includes a work permit (“Employment allowed”).

  • Self-employment in Germany is possible if the residence permit includes permission for self-employment (“Self-employment permitted”/“Employment permitted”).

  • The family may be brought to Germany under certain circumstances, if the residence permit allows it.

  • It is possible to convert some residence permits into settlement permits .

  • Some residence permits entitle the holder to naturalization .

  • Some social assistance benefits can be applied for with a residence permit (see Section 2 Paragraph 3 of the Residence Act ).

From (temporary) residence permit to permanent residence permit

The conversion of a residence permit ( residence permit or visa ) into a settlement permit depends on the type of residence permit. The process from residence permit to settlement permit depends on the type of residence permit. A visa cannot be used to apply for a settlement permit.

The path from residence permit to naturalization

The possibility of naturalization with a residence permit depends on the type of residence permit (see Section 10 Paragraph 1 Sentence 1 No. 2 of the German Nationality Act ). Naturalization with a D visa or Schengen visa is generally never possible. Naturalization with a settlement permit or EU long-term residence permit is generally always possible. When naturalization with a residence permit, the type of residence permit is crucial. In principle, all residence permits entitle the holder to naturalization, with the exception of the following:

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

If you wish to apply for a residence permit for Germany, you must first find out about the requirements. If you meet the requirements, you must check the authority's website to find out which documents are required for the specific residence permit application and how to submit the application. Then, submit the application (e.g., via the online portal) and book an appointment (if one is not automatically assigned). Our lawyers will be happy to advise you on the specific requirements and assist you with the application process. → Book an appointment

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. Contact us to book an online appointment with a German immigration lawyer!

Legal basis for residence permit

The legal basis in the narrower sense for a residence permit is Section 4 of the German Residence Act (AufenthG ). According to Section 4, Paragraph 1, Sentence 2 of the Residence Act, residence permits are issued as visas , residence permits , EU Blue Cards , ICT Cards , Mobile ICT Cards, settlement permits , or long-term residence permits – EU . In a broader sense, the legal basis for a residence permit depends on the type of residence permit. The short-term Schengen visa as a residence permit is regulated in Section 6, Paragraph 1 of the Residence Act and under European law in the so-called Visa Code (Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas ). The long-term national D visa as a residence permit is regulated in Section 6, Paragraph 3 of the Residence Act. In a broader sense, the legal basis for a D visa as a residence permit is always the specific purpose of the visa, e.g., Section 30 of the Residence Act (AufenthG) as the legal basis for a D visa for family reunification or Section 16a of the Residence Act (AufenthG ) as the legal basis for a D visa for completing vocational training in Germany. The same applies to residence permits (legal basis Sections 7 and 8 of the Residence Act (AufenthG)) and permanent residence permits (Sections 9 and 9a of the Residence Act (AufenthG)).

Important laws Residence permits

Important rulings on residence permits

Frequently asked questions about residence permits

What is meant by a residence permit?

A residence permit is an administrative right and an administrative act pursuant to Section 35 of the Administrative Procedure Act (VwVfG) granting residence in Germany. This right can be structured in various ways. The residence permit as a right is implemented in practice by having the rights and obligations arising from it written onto a plastic card (electronic residence permit) or a sticker (visa label) in the passport. In this form, the residence permit serves as proof that entry and residence have been authorized by the immigration authorities and also stipulates whether and to what extent the person is permitted to engage in gainful employment (Section 4a of the Residence Act (AufenthG)).


What is the difference between a residence permit and a residence title?

The term "residence title" serves as an overarching collective term for all different forms of residence rights (see Section 4 of the Residence Act). A residence permit, on the other hand, is merely a specific subcategory of residence title (see Section 7 of the Residence Act); it is time-limited and granted for specific purposes, such as studying, vocational training, or for family reasons.

What types of residence permits are there?

German law recognizes various types of residence permits, which differ in purpose and duration. These include the temporary residence permit, the EU Blue Card for skilled workers, the ICT Card for intra-corporate transfers, and the two permanent permits: the settlement permit and the EU long-term residence permit. Additionally, there is the visa for entry into Germany. A list of all residence permits existing in Germany can be found in Section 4 of the Residence Act (AufenthG).

Which residence permit is the best?

When considering the best residence permit, a distinction must be made between temporary and permanent residence permits. The best temporary residence permit is the EU Blue Card according to Section 18g of the German Residence Act (AufenthG), as it grants the most rights (faster access to a permanent residence permit, very easy change of employer, and family reunification). The best permanent residence permit (and thus the best residence permit overall) is the EU long-term residence permit according to Section 9a of the German Residence Act (AufenthG). The greatest advantage of the EU long-term residence permit over the permanent residence permit is that the EU long-term residence permit expires only in a few exceptional cases (see Section 51 Paragraph 9 of the German Residence Act (AufenthG)).


How long can someone stay in Germany with a residence permit?

The length of stay depends heavily on the type of permit. Temporary permits, such as the residence permit or the EU Blue Card (§ 18g AufenthG), are usually issued for one to four years and must be renewed before expiry, provided the requirements continue to be met. Permanent permits, such as the settlement permit (§ 9 AufenthG), on the other hand, allow for an unlimited stay, as long as the person maintains their center of life in Germany and does not move abroad for an extended period.

Residence permits in other glossaries

The term “residence permit” can also be found in the following glossaries:

Sources and references regarding the residence permit

( Government resources and literature )

[1] Visa Handbook, Residence Issues in General (Extension, Termination, Expiry of the Residence Permit, Change of Purpose, Permanent Residents, 73rd Supplementary Delivery

Administrative Instructions on Residence in Berlin (VAB), as of February 18, 2025, Part S

[2] Federal Ministry of the Interior and Community (BMI), Application Guidelines on the Skilled Immigration Act, Status: Legal situation from 1 June 2024, Section 21  

[3] BAMF brochure: “The electronic residence permit”

[4] Bergmann/Dienelt/Samel, Commentary on Immigration Law, 15th ed. 2025, Residence Act § 4

[5] Erbs/Kohlhaas/Hadamitzky/Senge, Strafrechtliche Nebengesetze (AufenthG), 259th ed. October 2025, § 4 para. 1-7

[6] BeckOK AuslR/Maor, 46th ed. 1.10.2025, AufenthG § 4 Rn. 1-36

[7] BeckOK MigR/Beiderbeck, 24th ed. 1.1.2026, AufenthG § 4 Rn. 1-23

[8] NK-AuslR/Stahmann, 3rd ed. 2023, AufenthG § 4

[9] Göbel-Zimmermann/Eichhorn/Beichel-Benedetti, 1st ed. 2017, paras. 948-957

[10]Huber/Mantel, Residence Act/Asylum Act, 4th ed. 2025, Residence Act § 4 para. 1-10

[11] MüKoStGB/Gericke, 4th ed. 2022, AufenthG § 4 Rn. 1-4

[12] Riediger/Schilling in Wabnitz/Janovsky/Schmitt WirtschaftsStrafR-HdB | Chapter 21. Undeclared work, illegal employment and inadequate working conditions, paragraphs 96-96c | 6th edition 2025

[13] Eichenhofer in Huber/Eichenhofer/Endres de Oliveira, AufenthaltsR | Part 1. Residence Act, paras. 260-264 | 2nd edition 2025

[14] Huber/Gerdes/Tabbara StAngR/Huber, 1st ed. 2025, § 2 para. 20-23

[15] Kurzidem in Kluth/Hornung/Koch, Immigration Law Handbook | § 7 Right of Residence under EU Association Law, paras. 49, 50 | 4th edition 2025

[16] Koch in Schaub ArbR-HdB | § 27. Employment of foreign workers in the Federal Republic of Germany Rn. 9 | 21st edition 2025

[17] Mävers: BREXIT – Where do we stand and what will happen after March 29, 2019? ArbRAktuell 2019, 135

[18] Access of foreigners to the labor market, article by Dr. Rolf Gutmann, NJW 2010, 2779

[19] Residence rights of Turkish workers, article by Dr. Rolf Gutmann, NJW 2010, 1862

[20] Feldgen: The new law on the employment of foreigners – access to the labor market for third-country nationals, article by Feldgen, ZAR 2006, 168

[21] The visa - an independent residence permit, reference to the article by Dr. Hans-Peter Welte in ZAR 2002, 320, LSK 2002, 440770

[22] Section 4 of the Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG) of 25 February 2008 (Federal Law Gazette I p. 162), last amended by Article 3 of the Act of 25 October 2024 (Federal Law Gazette 2024 I No. 332)

Last updated: March 1, 2026


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