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Another corruption scandal at the KVR – § 38a titles generously awarded
One Residence permits after one or two weeks instead of many weeks of waiting: What sounds like a dream for many applicants is currently occupying the Bavarian justice system. A case worker from the Munich The immigration office at the district administration office (KVR) is alleged to have issued numerous residence permits in exchange for bribes. They have been granted under Section 38a of the German Residence Act . For anyone seeking a residence permit in Germany, the core message is clear: anyone who buys a "guaranteed" or "accelerated" residence permit risks criminal prosecution and the subsequent loss of their right to remain. The legal path to a swift process involves complete documentation, sound legal justification, and – if the authorities fail to respond – legal remedies such as an action for failure to act.
What happened at the Munich immigration office?
According to the indictment, the employee allegedly issued titles in more than 80 cases for payment over a period of approximately two years. Typical patterns emerged: conspicuously short processing times, incomplete applications, and incomplete rental and... Employment contracts and processes for which the clerk was not responsible according to the internal distribution of responsibilities. The investigation was triggered by anonymous tips to the city's anti-corruption office.
The criminal law issue concerns bribery according to Section 332 of the German Criminal Code (StGB) . Conversely, for those who paid, bribery is defined as... Section 334 of the German Criminal Code (StGB) is involved. It is not the first time that a German The immigration office is making headlines due to corruption allegations – and it shows how much pressure applicants are now under.
What does Section 38a of the Residence Act actually regulate?
Section 38a of the Residence Act sets out the EU Directive 2003/109/EC on long-term residence. Anyone in another If someone in an EU member state has the legal status of a long-term resident, they can apply for a residence permit in Germany. Obtain a residence permit to work, study, or stay here for longer than 90 days for other reasons. For highly qualified For skilled workers who have been living in countries like the Netherlands, Spain, or Poland for years and now have a job offer from Berlin, this is a real shortcut: A national A visa from your country of origin is generally not required. You can enter visa-free and submit your application directly to the immigration office. Immigration authority ( § 39 AufenthV ). After the According to EU directives, the application should be submitted no later than three months after entry.
This title should not be confused with the German permit for permanent residence – EU . Section 9a of the Residence Act (AufenthG ) states that this permit is only granted after five years of legal residence in Germany. The frequently asked question, "Permanent residence permit – EU or settlement permit?", therefore only arises later. A residence permit under Section 38a is initially granted for a limited period.
Why do applications under Section 38a fail in practice?
Precisely because the process seems so attractive, many applicants underestimate the depth of the review process. In our consulting practice, we repeatedly encounter the same stumbling blocks. The most frequent: The applicant does not actually possess long-term resident status in the first country, but only a national long-term residence permit. At first glance, both appear similar, but legally the difference is crucial. Without the "long-term resident - EU " designation on the card, there is no entitlement to [further information]. § 38a .
In addition, there are the general requirements for granting the permit. Section 5 of the Residence Act : a secure livelihood , a valid Passport , sufficient Health insurance and a plausible residence. If the signature is missing, the... employment contract or is it When rent is not clearly justified in relation to income, questions arise. Furthermore, authorities often check with the country of origin to confirm the status – this takes time. It appears that precisely these loopholes were overlooked in the Munich case.
What are the consequences of the scandal for honest applicants?
For those who obtained their title through bribery, the situation is serious. An unlawful administrative act can lead to... The title can be revoked pursuant to Section 48 of the Administrative Procedure Act . Anyone who obtained their title through bribery can, according to... Section 48, paragraph 2, sentence 3, number 1 of the Administrative Procedure Act (VwVfG) does not allow reliance on the principle of legitimate expectations. Furthermore, criminal proceedings for false statements are threatened. Section 95 Paragraph 2 No. 2 of the Residence Act .
But everyone else feels the effects, too. Experience shows that authorities react to such scandals with stricter internal controls, additional rounds of audits, and more demands for information. For employers and HR departments, this means: the hiring date of a desperately needed employee is delayed. The availability of skilled workers can change. Employers may only employ foreigners if their residence permit allows it and must keep a copy of the permit ( § 4a para. 5 AufenthG ). If a permit is subsequently revoked, the employment relationship is also at risk.
How can you legally obtain your title faster in Berlin?
The time constraints at The State Office for Immigration ( LEA ) is the real reason many people search for abbreviations. Offers to schedule an appointment with the LEA are circulating online. We strongly advise against "buying" or using bots to gain access to the Berlin immigration office . Processing times in Berlin vary considerably depending on the department and the specific circumstances of the case – however, pressure can be exerted legally.
Crucial is a complete, written application submitted with all supporting documents. Anyone legally residing in Germany who submits an application in a timely manner generally benefits from the legal fiction of residency status. Section 81 of the Residence Act ; the authority issues a certificate of fictitious residence in accordance with this. Section 81, paragraph 5 of the Residence Act applies. If the authority remains inactive without sufficient reason, an action for failure to act can be brought after three months. Section 75 VwGO at An appeal to the administrative court is filed. In our experience, many proceedings often begin to move forward as soon as the authority receives a letter from a lawyer setting a deadline.
Why legal representation instead of waiting or handling it yourself?
The alternatives are obvious: wait and hope, submit the application yourself, or rely on online checklists. Waiting jeopardizes deadlines and job offers. A flawed application submitted independently leads to additional requests for information, which can extend the process by months. And standard information sheets rarely explain how the The immigration office distinguishes between a national residence permit and a genuine EU permanent residence permit , or what documents are required. LEA actually triggers follow-up questions.
As a law firm specializing in immigration law in Berlin, we check in advance whether the requirements according to If the requirements of Section 38a of the Residence Act are actually met, submit the application completely and also accompany the Family reunification of spouses and Children . If the authorities do not respond, we will set deadlines and, if necessary, take legal action. Legal proceedings . For employers, we coordinate the process so that the planned start of work remains realistic.
Conclusion
The Munich case shows how tempting shortcuts in immigration law can seem – and how dangerous they are. A purchased residence permit is not a secure one: it can be revoked and may have legal consequences. Anyone who... A skilled worker with permanent EU residence rights who wants to move to Berlin from another EU member state has to deal with Section 38a of the German Residence Act (AufenthG) provides a clear legal pathway. With complete documentation, timely application, and the targeted use of deadlines and inaction lawsuits, the process can be accelerated – legally and permanently. VISAGUARD.Berlin supports you from the initial review to the granting of your residence permit.
