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How to: Submitting a declaration of commitment to the State Office for Immigration (LEA) in Berlin
- VISAGUARD Sekretariat
- Jun 27
- 4 min read
The anticipation is often immense when family members, friends, or business partners from abroad want to travel to Germany. However, the bureaucratic hurdles of German immigration law can quickly dampen this joy. The crucial sticking point in almost every visa application is the securing of sufficient means of subsistence , as stipulated in Section 5 Paragraph 1 Number 1 of the German Residence Act (AufenthG ). If the guest does not have sufficient financial resources, often only one option remains: Someone already living in Germany must submit a formal declaration of sponsorship . In the metropolis of Berlin, the State Office for Immigration (LEA) is responsible for this. But those who take this route are not simply signing a document – they are assuming far-reaching responsibility, which can be underestimated both legally and financially.
The legal implications of a declaration of commitment
A declaration of commitment under Sections 66 to 68 of the German Residence Act (AufenthG) is far more than a mere formality or a simple invitation. By signing, we, as hosts, commit ourselves to the German state to cover all costs that may arise from the guest's stay. This ranges from daily meals and accommodation to medical care in case of illness, including medication and necessary nursing care. The liability for public funds is particularly significant: Should the guest receive benefits under the Social Code, we are obligated to reimburse the state. Even the costs of a potential deportation, which may arise under Sections 66 and 67 of the Residence Act , are covered by this declaration. The declaration of commitment is valid for a period of five years , beginning with the entry made possible by the declaration. It therefore represents a long-term financial risk that requires careful consideration.
Requirements for hosts in Berlin
For the Berlin State Office for Immigration to even accept a declaration of sponsorship, certain criteria must be met. First, local jurisdiction is crucial: the host must have their primary residence in Berlin . Anyone who does not hold German or EU citizenship absolutely requires a valid residence permit, such as a permanent residence permit or a temporary residence permit . It is important to know that documents such as a temporary suspension of deportation, a residence permit, or a certificate of fictitious residence are not legally sufficient to act as a guarantor. However, the decisive factor in the entire process is the host's creditworthiness. We must prove that we are financially able to bear the risk. The law distinguishes between short-term Schengen visas (up to 90 days) and long-term national visas (over 90 days, e.g., for study or marriage ). While savings in German bank accounts may suffice as proof for tourist visits, a regular, garnishable income is generally required for long-term stays.
The digital way to schedule an appointment at LEA
In Berlin, the process for submitting a declaration of sponsorship has been completely digitized . The process begins with the mandatory online application "Submit declaration of sponsorship" via the LEA portal. Before entering the actual data, however, the integrated quick check is strongly recommended . This acts as a non-binding filter that, based on your information about income, marital status, and maintenance obligations, assesses whether your creditworthiness is likely to be sufficient. If this check is negative, the declaration can still be submitted, but it will be marked "Creditworthiness not proven." A declaration of sponsorship without proof of creditworthiness is generally worthless for the embassy to issue a visa . Once you have successfully completed the quick check, you upload the documents. Employees must submit their last three payslips, while self-employed individuals need a certificate from their tax advisor or their most recent tax assessment. After paying the fee – €29.00 for adults, €14.50 for minors – the application is submitted digitally.
Waiting times and the appointment on site
Patience is a virtue often tested in Berlin's visa regulations . After submitting the online application, the LEA (State Office for Migration and Refugees) reviews the documents. This process currently takes about three to six weeks. Only after a successful review will we receive an invitation to an in-person appointment at the Keplerstraße office. It is pointless to inquire about the status of the application before this deadline , as this will only delay the processing at the office rather than expedite it. For the appointment itself, we must bring our identification document, the confirmation of the online application, and a copy of the guest's passport. The declaration of sponsorship will then be finalized and handed out at the appointment, allowing us to send the original to our guest abroad so they can present it to the embassy.
Conclusion on the declaration of commitment in Berlin
In summary, the declaration of sponsorship is the key instrument for paving the way to Germany for guests without their own financial resources. While the process in Berlin has become more structured through online processing, it still requires careful preparation and a realistic assessment of one's own financial capacity. Understanding the implications of the five-year guarantee and the strict creditworthiness requirements of the LEA (State Office for Migration and Refugees) can help avoid unpleasant surprises when applying for a visa. Securing one's livelihood is the foundation for any visa , and the declaration of sponsorship provides the legal guarantee for this.
How Visaguard can support you
As a specialized law firm in visa law, we know that the devil is often in the details – especially when calculating creditworthiness or recognizing income statements for self-employed individuals . At Visaguard , we check in advance whether your financial resources meet the requirements of the LEA Berlin (State Office for Migration and Refugees) and support you in preparing the necessary documents for the online application. In case of rejections or uncertainties regarding liability risks, we provide you with legal expertise to ensure your guest's stay is legally secure.
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