Golden Visa in Germany – legal background and requirements

In Germany, there is no special " Golden Visa " program like in other EU countries, such as Portugal or Greece. Nevertheless, there is a legal basis that gives wealthy third-country nationals the opportunity to obtain a residence permit if they can permanently support themselves from their own assets. This option arises from Section 7 Paragraph 1 Sentence 3 of the Residence Act (AufenthG) . This paragraph allows the immigration authorities to issue a residence permit in special, objectively justified cases, even if the purpose of the stay is not explicitly provided for in the law. Thus, Section 7 AufenthG is the key legal basis for what is commonly referred to as the German "Golden Visa."

Section 7 Residence Act – flexible legal basis for special residence purposes

The Residence Act provides for various residence permits—for example, for employment, studies, or family reunification. However, not every purpose of residence fits into these rigid categories. Section 7, Paragraph 1, Sentence 3 of the Residence Act provides a remedy by granting the immigration authorities the discretion to issue residence permits for other, objectively justified purposes.

In practice, this regulation is applied particularly to so-called wealthy foreigners. These are individuals who have considerable financial means and wish to settle permanently in Germany without working or claiming state benefits. The idea behind it: Anyone who is able to fully and sustainably support themselves from their own resources represents neither a burden on the labor market nor on the social security system—and can therefore assert a legitimate interest in residency .

Case law and literature have long since confirmed this interpretation. For example, the Freiburg Administrative Court ruled (judgment of July 18, 2018 – 1 K 1083/17) that substantial and permanently profitable assets can constitute objective justification within the meaning of Section 7 of the Residence Act. However, the decisive factor is that the assets are not only temporarily available but constitute a sustainable livelihood .

No depletion of assets – the central idea of the Golden Visa

A key requirement for granting a residence permit under Section 7 of the Residence Act is that there must be no risk of assets being depleted. This means that the applicant's livelihood must be financed from ongoing income (e.g., interest, dividends, rental income, or pensions) without affecting the assets themselves. This principle has been emphasized repeatedly in both administrative court rulings and legal commentaries. The rationale behind it is simple: Anyone who has to support themselves through the ongoing depletion of their assets will sooner or later become dependent on state support—and thus create precisely the burden that the legislature seeks to avoid.

In other words: The Golden Visa in Germany is not a "right of purchase to residency," but rather requires long-term, sustainable financial independence . The immigration authorities therefore carefully examine whether the submitted evidence—such as bank statements, asset statements, or pension certificates—demonstrates that the applicant's livelihood is secure in the long term. Typically, assets of several hundred thousand euros or regular monthly income in the mid-four-figure range are considered sufficient to credibly demonstrate the necessary financial stability. It is important that the income is sustainable—that is, comes from investments, pension payments, or shareholdings—and not just from short-term capital outflows.

Golden Visa in Germany – realistic prospects for wealthy people

Although Germany does not offer an official Golden Visa program, the application of Section 7 of the Residence Act provides wealthy third-country nationals with a legally secure opportunity to obtain long-term residency. The application is reviewed on a case-by-case basis and largely depends on the discretionary decision of the immigration authorities . The decisive factors are that the interest in residence is comprehensible and legally justified – and that the financial requirements are clearly met.

Conclusion Golden Visa in Germany

The bottom line is: There is no " Golden Visa " in the traditional sense in Germany – but there is a legal door open for those who have a permanently sustainable income from their assets. Anyone who wishes to relocate their retirement or center of life to Germany can successfully apply for a residence permit under Section 7 of the Residence Act with professional legal support and well-prepared documentation.

VISAGUARD advises applicants on selecting the appropriate strategy, supports them in their legal arguments, and accompanies them throughout the entire process with the German authorities – so that an idea of living in Germany becomes a legally sound right of residence.