Visa by mail: A pioneering approach to flexibility in the visa process

German bureaucracy is considered precise worldwide, but often also rigid. For highly qualified professionals , international academics, and globally operating companies, the path to [a specific career path] can be challenging. Visa applications are often fraught with physical hurdles: long waiting times for appointments at embassies and consulates and the requirement to submit passports in person significantly slow down the international recruiting process. However, a recent memorandum from the Berlin Administrative Court, which the Berlin-Brandenburg Higher Administrative Court (Case No. OVG 6 l 2/25; so-called “Afghanistan case”) has sent for informational purposes, is noteworthy. It addresses the fundamental question of whether the granting of a Visas require physical presence or affixing the visa to the visa form. Passport required on site .

The legal fiction of impossibility is crumbling.

In practice, we often see authorities refusing or delaying visa issuance because they claim "actual impossibility." In the present case, the Federal Republic of Germany attempted to argue that a visa could not be issued without physical access to the A passport could not be issued. The court, however, clearly rejected this argument. In the chamber's assessment, it had not been sufficiently demonstrated that issuing a visa was legally or practically impossible. For global mobility, this means that the rigid link between a visa and a physical passport sticker at the moment of issuance is not as legally binding as is often the practice in consulates.

The visa as an administrative act: notification can also be made by mail.

A key aspect of the decision lies in general administrative procedure law. A visa is an administrative act, and for it to be effective, it requires notification. In principle, this presupposes that the person concerned receives actual control over the document. However, the court clarifies that neither EU law nor national law explicitly prescribes that Visas only by affixing them to the Passports can be issued. Although the Visa Regulation (Regulation (EC) No. 810/2009) for Schengen visas stipulates that the visa stamp must be in the passport. It is necessary to attach a passport , but for national Visas – which are for While skilled workers and students are crucial, such a strict regulation is lacking. We expressly welcome this differentiated approach , as it paves the way for digital or at least postal delivery methods that comply with the modern Global Mobility Standard.

Paper visas and postal delivery as practical alternatives

The The court refers to the practice of so-called " leaf visas ." In cases where an exemption from the passport requirement exists, the... The visa was issued on a separate sheet. Furthermore, the notification of written administrative acts by postal delivery is absolutely standard practice . That the postal service carries risks is, according to... The court's responsibility lies with the applicants, insofar as they pursue enforcement. In times of acute skilled labor shortages and heated debate surrounding the digitalization of migration administration, it is almost anachronistic that the federal government still insists on mandatory physical presence, while the The court clearly outlines the available options here.

Conclusion: A victory for flexibility in visa law

The decision clarifies that many of the supposed legal obstacles to visa issuance are primarily administrative in nature. The court sees no legally binding requirement that... Visas could only be issued at the embassy. At the same time, the significance of this decision should not be overestimated, as the procedures for Afghanistan are unique in many respects.