“Real Estate Visa” in Germany – Residence through real estate assets

Many countries specifically advertise so-called Golden Visa programs : those who invest can stay. Germany does not officially have such a program – but legally, there is a comparable path. Wealthy foreigners who wish to live off the income from their real estate in Germany can, under certain conditions, obtain a residence permit under Section 7, Paragraph 1, Sentence 3 of the Residence Act (AufenthG) . This right of residence – often referred to as a "real estate visa" – is a subset of the German Golden Visa . It is aimed at individuals who can sustainably secure their livelihood from real estate income without depleting their capital stock or becoming dependent on social benefits.

Section 7 Residence Act as the legal basis for the Real Estate Visa

The provision of Section 7, Paragraph 1, Sentence 3 of the Residence Act allows the immigration authorities to issue residence permits outside the legally regulated standard cases in "justified cases." It is deliberately worded openly to encompass atypical but objectively justified life situations. One of these recognized cases is the wealthy foreigner who wishes to settle permanently in Germany in order to live off his or her own assets.

According to established case law and administrative practice (cf. Administrative Court of Freiburg, judgment of July 18, 2018 – 1 K 1083/17 ; Dienelt, Residence Act, Section 7, marginal no. 25), the form of the assets is not decisive. It does not necessarily have to be a bank deposit or a share portfolio. Land and real estate assets are also expressly considered suitable assets – provided they generate stable, sustainable income such as rents or leases. In the aforementioned judgment, the court clarified: Real estate assets can even be considered more crisis-proof than financial assets because, unlike bank deposits or share values, they are less dependent on economic fluctuations. Rental or lease income is often contractually secured for the long term and can therefore be planned. Even if a tenancy ends, the real estate remains usable, for example through re-letting, leasing, or sale. These considerations show: An unencumbered piece of land or a high-yield property can form a viable basis for a residence permit .

Real Estate Visa: When is a “justified case”?

A stay in Germany can only be based on Section 7 of the Residence Act if a so-called justified case exists. According to the case law of the Federal Administrative Court (judgment of October 26, 2010 – 1 C 16.09), this is the case if the intended purpose of the stay is objectively understandable and the legal system does not disapprove of it. The desire to live in Germany off the income from one's own real estate easily meets these requirements. This purpose is neither absurd nor abusive. On the contrary: It fits seamlessly into the system of residence law, which privileges wealthy, independent individuals who do not claim public benefits.

One additional aspect of real estate ownership in Germany particularly favors a "justified case": The management of real estate regularly requires a certain degree of personal presence on site . While this can theoretically be delegated, direct management by the owner is more economically viable and associated with lower costs. For example, someone who owns several rented properties or leases agricultural land has a legitimate interest in being present on site regularly—and thus a factually plausible reason for being there.

Sustainable livelihood security – no depletion of assets

The core requirement for the Real Estate Visa is that the applicant can sustainably live off the income from their real estate . This means that their living expenses must be covered by ongoing income such as rent or leases, without the assets themselves being touched or depleted. This requirement follows directly from the spirit of Section 7 of the Residence Act and the general prerequisite for granting the visa in Section 5 Paragraph 1 No. 1 of the Residence Act – accordingly, there must be no threat of recourse to the social security system.

The authorities therefore examine whether the property income is regular and sufficient to cover the applicant's entire living expenses – including housing costs , health insurance , and family support. According to case law, it is sufficient for the applicant to demonstrate that their income will remain stable in the long term. In one case, an annual net income from lease agreements of around €50,000 was deemed sufficient to permanently secure the livelihood of a family of three. Therefore, it is not just the amount of assets that is crucial, but also their earning power and sustainability. For example, anyone who owns a debt-free rental property or a permanently leased piece of land can cover their living expenses with the current income – thus fulfilling the core of the German Golden Visa concept.

Conclusion: The Real Estate Visa as a legally secure path for property owners

The so-called Real Estate Visa is not an officially designated residence permit, but rather a legally recognized case group under Section 7 Paragraph 1 Sentence 3 of the Residence Act (AufenthG) . It offers wealthy property owners the opportunity to live in Germany without being employed – provided they support themselves with the income from their real estate and there is no risk of their capital being depleted. For investors and property owners from third countries, such as the USA, Canada, or the Gulf States, this model offers a transparent and legally secure way to choose Germany as their place of residence. It is important to provide a thorough legal justification for the application and to submit verifiable evidence of assets and current income.

VISAGUARD supports applicants in verifying the eligibility requirements, preparing the necessary documents, and presenting their case to the immigration authorities. Therefore, anyone planning to relocate to Germany through real estate will find the Real Estate Visa offers the appropriate legal framework – a discreet yet effective variant of the German Golden Visa.