Meaning and purpose of the Residence Act (AufenthG)

German residence law encompasses many individual laws, regulations, and guidelines. The Residence Act (AufenthG) forms the core of German migration law. Section 1, Paragraph 1, sets out its own objectives—thus providing insight into the fundamental logic behind the regulation of entry, residence, and integration of foreign nationals. At first glance, the restrictive approach dominates: immigration should be controlled and limited . Ultimately, it is up to the legislature to decide how tightly or openly immigration is permitted.

Humanitarian obligations as the meaning and purpose of the Residence Act

At the same time, however, the law also explicitly commits to compliance with humanitarian standards . Section 1, paragraph 1, sentence 3 stipulates that the application of the law must be consistent with Germany's humanitarian obligations. These include, in particular, the Geneva Refugee Convention, the European Convention on Human Rights (ECHR) , and other international obligations. These standards cannot simply be overridden by national legislation. This is also demonstrated by the fact that the 2005 Immigration Act introduced significant improvements in humanitarian residence law – for example, with regard to gender-specific persecution or threats not attributable to the state.

Section 1, paragraph 1, sentence 4 lists the key regulatory areas of the law: entry, residence, employment, and integration. Sentence 5 clarifies that other laws—such as the Asylum Act, the Law on Stateless Foreigners, or international treaties—remain unaffected. The Residence Act is therefore not a comprehensive law governing foreigners, but rather part of a larger legal framework, which is supplemented, among other things, by European regulations such as the Schengen Borders Code and the Visa Code.

Integration as the legal purpose of the Residence Act

The law places particular emphasis on integration – and with good reason: Unlike the previous Aliens Act, integration is now a central concern. However, it is not just about support, but also about obligation. With the reform introduced by the First Directive Implementation Act, the term “support” was deliberately deleted. Instead, the term “integration” is now used – and this is increasingly being enforced with pressure. This is reflected in the obligation to attend integration courses , the possibility of sanctions, and the consideration of integration violations when extending residence permits. Integration thus becomes a compulsory program that can also be enforced through administrative coercion.

Skilled immigration and the purpose of the Residence Act

A central purpose of the Residence Act is the targeted management of skilled immigration . With the Residence Act, Germany not only aims to limit immigration, but also to facilitate it—particularly where economic and labor market interests are affected. Attracting qualified workers from abroad is therefore explicitly part of the legal objective (see Section 18 of the Residence Act ). With specialized residence permits such as the EU Blue Card , Section 18a for skilled workers with vocational training , or Section 18b for university graduates, the law creates concrete instruments to address the skilled labor shortage in Germany through controlled migration.

Conclusion

The Residence Act (AufenthG) is more than just an instrument for limiting migration – it provides the legal framework for the balanced management of immigration to Germany. It combines three central objectives: limiting unwanted migration, complying with humanitarian obligations, and actively promoting legal immigration, particularly to secure skilled workers. The law thus strikes a balance between control and openness. Integration is not only promoted but enforced as a legal mandate with clear expectations of immigrants. Overall, it is clear that the Residence Act pursues a dual objective – it protects, controls, and obligates – and thus reflects the complex demands of modern immigration law in a democratic constitutional state.