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Incorrect information in a visa application: How problematic are mistakes really?
- Mirko Vorreuter, LL.B.
- Sep 7, 2025
- 3 min read
Anyone who has ever completed a visa application knows that the forms are often complicated, and the questions can sometimes be difficult to understand – especially for people unfamiliar with the German legal system . It's not just about providing simple information like name and date of birth, but often also involves labor law and organizational details. Especially for business-related stays – such as assignments – the question regularly arises as to who should be listed as the employer: the foreign subsidiary or the host company in Germany? Such uncertainties quickly lead to misunderstandings, which can sometimes have serious consequences.
In practice, false information in visa applications is more common than many people think. Sometimes it happens due to ignorance, sometimes simply due to a misunderstanding or a careless mistake. Especially when applicants seek external assistance from relocation service providers , immigration consultants, or even friends and acquaintances, errors occur without the applicant noticing or intending them. The question many then ask themselves: What are the consequences?
False information and the interest in deportation
According to the German Residence Act, providing false information during the visa application process can lead to a so-called interest in expulsion (see Section 54 Para. 2 No. 8 of the Residence Act ). This means that the immigration authorities can refuse to issue a residence permit (see Section 5 Para. 1 No. 2 of the Residence Act ) – or even have to consider whether expulsion is an option. Anyone who deceives the German authorities in immigration proceedings fundamentally loses the trust of the state. In addition, criminal proceedings for visa fraud are even possible.
But it's often not quite that bad. Case law – i.e., the decisions of German courts – has taken a clear position on this: Not every false statement in a visa application justifies an interest in deportation. Rather, it depends on whether the statement was made intentionally, i.e., deliberately . This means: Anyone who fills out an application to the best of their knowledge and belief, despite being in a complex situation or having misunderstood something, need not fear immediate consequences. Nevertheless, it cannot be ruled out that the authorities will initially initiate deportation or criminal proceedings. However, in these proceedings, there are good opportunities for defense .
Intent is crucial – not the mistake itself
The decisive criterion is intent. An interest in deportation can only be assumed if the applicant has knowingly and intentionally provided false information. Therefore, someone who makes a sincere effort to provide all information correctly and possibly even seeks assistance is not acting intentionally. Errors resulting from ignorance, lack of language skills, or misunderstandings are not automatically grounds for a negative decision in the visa process. However, it must also be proven that the error was unintentional, which is often not easy in practice.
Particularly important: Even if a third party—such as an advisor, consultant, or translator—enters incorrect information into the application, this does not automatically mean that the applicant can be held responsible. Individual intent always counts. Therefore, if you had your incorrect visa application completed by a relocation service or immigration consultant, then that service provider made the incorrect information, not you. In this case, the incorrect information generally cannot be attributed to you .
What should I do if there are errors in the application?
Anyone who discovers an error after submitting their visa application or is subsequently made aware of it should act as quickly and proactively as possible. A subsequent correction or clarification to the foreign diplomatic mission or immigration authority is often possible and demonstrates that there was no intent to deceive (but also leads to an admission of the error). Anyone unsure should seek legal advice – for example, from a specialist immigration lawyer . This way, misunderstandings can be clarified before they lead to major problems.
Conclusion: Accidentally providing false information on visa application
Providing false information in a visa application is annoying, but not always serious. Those who have made a sincere effort to complete the application correctly generally don't have to fear serious consequences. Intent is crucial: Only those who knowingly provide false information risk visa rejection or subsequent deportation. In all other cases, there is the opportunity to correct or clarify errors. Early legal advice helps avoid risks – and, in case of doubt, also to find the right arguments to present to the authorities. VISAGUARD is there to assist those seeking advice.
