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Schengen visa to residence permit
All information on converting a Schengen visa into a permanent residence permit.
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About this Page
whether the conversion of a Schengen visa is possible
when a residence permit can be issued despite a Schengen visa
when the conversion of Schengen visas can be a deception
what problems arise when converting a Schengen visa
Table of Contents
1. Conversion of Schengen visa to residence permit
2. Can a Schengen visa be changed to a residence visa?
3. Intention to deceive conversion of Schengen visa
4. No fictitious effect of conversion of Schengen visa
5. FAQ
6. Conclusion Conversion of Schengen visa to residence permit
1. Conversion of Schengen visa to residence permit
Many foreigners ask themselves whether they can stay in Germany after entering with a Schengen visa and subsequently convert this visa into a residence permit . This is generally not possible . The Schengen visa is limited to short-term stays of up to 90 days within a 180-day period and is primarily intended for tourism, family, or business purposes. It is expressly not issued for stays with the purpose of employment , education , or permanent residence in Germany. Anyone entering with a Schengen visa thereby demonstrates that they do not intend to stay permanently.
In principle, a residence permit can only be validly applied for if entry has been made with the appropriate national visa – the so-called visa for the purpose of residence (type D). This regulation arises from Section 5 Paragraph 2 Sentence 1 of the Residence Act (AufenthG) , according to which a residence permit may generally only be issued if entry has been made with a national visa . Exceptions to this only exist in a few legally regulated cases, for example for privileged third-country nationals (so-called “best friends” nationals , Section 41 AufenthV ). Anyone intending to live or work in Germany for the longer term must therefore apply for the corresponding residence permit at the responsible German diplomatic mission abroad before entering the country.
2. Can a Schengen visa be changed to a residence visa?
However, the conversion of a Schengen visa into a residence permit is possible in some cases under very specific conditions . In principle, the issuance of a residence permit under the Residence Act (AufenthG) requires that the foreigner has entered the country with the required national visa (Type D) (see above). However, an important exception to this is provided for in Section 5, Paragraph 2, Sentence 2 of the Residence Act , which allows for the visa procedure to be waived in certain cases. This is generally possible if there is a strict legal right to the issuance of a residence permit or if completing the visa procedure retroactively would be "unreasonable."
Such a waiver of the visa procedure, however, is only considered in very limited exceptional cases . Administrative practice and case law generally require atypical circumstances , for example, when it is necessary for humanitarian reasons, under international law, or political reasons. It must be emphasized, however, that immigration authorities are very restrictive when it comes to converting a Schengen visa into a residence permit or waiving the visa requirement. Converting a Schengen visa to a residence permit is therefore very difficult without good reasons. Further information on waiving the visa requirement can be found in our corresponding VISAGUARD article on completing the visa procedure .
3. Intention to deceive conversion of Schengen visa
A major problem with converting a Schengen visa into a residence permit is the potential for fraudulent intent . Therefore, the purpose of the stay must usually be stated on the visa application form when applying for a Schengen visa. If the foreigner then states "short-term stay" or "stay for tourism or visiting purposes" on the Schengen visa application form, but later applies for a permanent residence permit, many immigration authorities consider this to be fraudulent in the visa process . To prove such fraud, many immigration authorities request the visa file from the embassy to examine the file to determine the purpose for which the Schengen visa was applied for.
According to Section 54 (2) No. 8 of the Residence Act, deception during the visa process constitutes a serious interest in expulsion . This prevents the issuance of a residence permit ( Section 5 (1) No. 2 of the Residence Act ). Even if you have good reasons why a visa process is not necessary in your case (e.g. because completing the visa process later would be unreasonable), the immigration authorities can refuse to issue a residence permit due to deception during the visa process (see also interest in expulsion ). Whether the immigration authorities actually handle this in this way varies, however. Some immigration authorities are more lenient in this regard than others. In any case, you should be prepared for problems with the authorities when converting a Schengen visa into a residence permit.
4. No fictitious effect of conversion of Schengen visa
Another problem with converting a Schengen visa into a residence permit is that the Schengen visa does not create any fictitious effect can arise ( Section 81, Paragraph 4, Sentence 2 of the Residence Act ). This means that legal residence with a Schengen visa does not automatically continue if an application for a residence permit is submitted. In contrast to national visas (Type D), which have a fictitious effect under certain circumstances according to Section 81, Paragraph 4 of the Residence Act , the validity of a Schengen visa ends on the expiry date - regardless of whether an application was submitted beforehand or not. A stay beyond the validity of the Schengen visa is then considered illegal, even if an application has already been submitted to the immigration authorities.
In practice, the lack of fictional effect of Schengen visas means that the immigration authorities must decide on the application for a residence permit before the Schengen visa expires . Otherwise, the stay in Germany is illegal, which can be grounds for deportation. Since the decision to convert a Schengen visa to a residence permit usually involves many problems (see above), it is unlikely that the immigration authorities will decide positively on the application within a few weeks. In practical terms, this is only possible if there are good reasons for doing so or if there is a corresponding exceptional case.
5. FAQ
Can a Schengen visa be converted into a residence permit?
As a rule, it is not possible to convert a Schengen visa into a residence permit. A residence permit may generally only be issued if entry was made with the designated national visa (Type D) (Section 5 (2) of the Residence Act).
Are there any exceptions to the visa requirement for a residence permit?
Yes, in rare exceptional cases, the visa requirement may be waived, for example, in cases of a strict legal right or if completing the visa procedure later would be unreasonable (Section 5 (2) Sentence 2 of the Residence Act). However, such exceptions are very limited and rare.
6. Conclusion
Even if it is technically possible to convert a Schengen visa into a residence permit , this is extremely rare in administrative practice and associated with significant legal hurdles. The legal requirements for waiving the visa procedure are strict, and such a conversion can only be enforced in very few, well-founded exceptional cases. Furthermore, the lack of fictitious effect and the suspicion of intent to deceive in the visa procedure significantly hamper the chances of success. In practice, converting a Schengen visa is therefore extremely difficult, or in most cases impossible, unless there are clear legal claims and exceptional circumstances. Anyone seeking permanent residence in Germany should therefore follow the regular route via a national visa (Type D) and submit their application to the responsible German diplomatic mission abroad. Otherwise, they risk not only the rejection of their residence permit but also serious consequences under their residence law, including deportation. This is especially true because immigration authorities view the conversion of Schengen visas with great skepticism. Anyone applying for a residence permit with a Schengen visa is immediately subject to general suspicion by the immigration authorities. This complicates the process considerably.
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List of Sources (Paywall)
[1] Klaus/Wittmann, Residence Ordinance (AufenthV), 1st edition 2022