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Immigration Law in Germany
More VISAGUARD guides on immigration, visas, and residence in Germany.
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About this Page
On this page, you will find general information on residence and immigration law in Germany. We present our immigration law guides here to enable you to apply for a residence permit ( residence permit or visa ) or other residence documents (e.g., a fictitious residence certificate ) without legal assistance. Should you have further questions after reading the step-by-step instructions , our lawyers will be happy to assist you.
Table of Contents
1. Regulations for foreigners in Germany
2. To whom does the Residence Act apply?
3. What is a residence permit?
4. FAQ
5. Conclusion
6. VISAGUARD guides on other topics
1. Regulations for foreigners in Germany
Numerous special regulations apply to foreigners in Germany. The Residence Act regulates not only the entry and residence of foreigners, but also numerous conditions of residence . This applies in particular to the following areas:
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Restrictions on freedom of movement and physical freedom of movement
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Access to the labor market in Germany
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Limited opportunities for participation in the political process (elections)
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Limited application for social benefits
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Special penal provisions for foreigners (special criminal law)
These restrictions are primarily regulated in the Residence Act (AufenthG) and the Residence Ordinance (AufenthV) . These laws are therefore particularly relevant for foreign nationals.
2. To whom does the Residence Act apply?
A foreigner is anyone who is not German within the meaning of Article 116 of the Basic Law (GG) . Approximately 13 million foreigners live in Germany (2024). This represents approximately 15% of the German population. Special rules apply to these foreigners living in Germany, known as the right of residence. However, the Residence Act only applies if the foreigner is subject to the provisions of the Residence Act. While the Residence Act generally applies to all people who are not German citizens, there are the following exceptions according to Section 1 Paragraph 2 of the Residence Act :
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Union citizens and their family members
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Diplomats and family members
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Employees of international organizations and family members
The groups of people described do not have to comply with the rules of the Residence Act and in most cases must apply for a residence permit in order to enter Germany and stay here safely.
Specialist Articles on the Topic
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3. What is a residence permit?
According to Section 4 of the Residence Act, foreigners can generally obtain the following residence permits to stay in Germany:
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Visa from the embassy (residence permit for entry)
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Residence permit from the immigration authorities (residence permit for limited stay)
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Settlement permit from the immigration authorities (residence permit for permanent residence)
Residence law in Germany is complex and varies greatly between different groups of people. In principle, all non-Germans are subject to the provisions of the Residence Act (AufenthG), although EU citizens , diplomats and employees of international organisations are partially exempt. Key aspects concern freedom of movement, access to the labour market , political participation, receipt of social benefits and special criminal provisions . Central instruments of residence law are the various residence titles – visa, residence permit and settlement permit – which differ in function, duration and rights. The purpose of the stay is crucial, as it determines the legal framework and the permitted activities. The regulations show that precise knowledge of the purposes of residence and the corresponding titles is essential for foreigners to be able to enter, live and work in Germany with legal certainty.
4. FAQ
When is a residence permit issued?
As a rule, a residence permit is only issued upon application. Therefore, an application must be submitted. According to the Federal Administrative Court, the application or other submissions must clearly state the reason for applying for a residence permit (so-called separation principle/purpose doctrine, Federal Administrative Court, September 4, 2007, 1 C 43.06).
Can a residence permit be granted retroactively?
Yes, a residence permit can also be issued retroactively to the date of application (Federal Administrative Court, June 9, 2009, 1 C 7/08). However, all requirements must have been met at the time of application, and a "legitimate interest" must exist.
Is it possible to issue several residence permits at the same time?
Yes, it is possible to issue multiple residence permits simultaneously (Federal Administrative Court, judgment of March 19, 2013, 1 C 12.12). However, in practical terms, immigration authorities and embassies refuse to issue multiple residence permits simultaneously, as only one residence permit can be entered in the Central Register of Foreign Nationals (AZR).
When is the residence permit pasted into the passport?
In exceptional cases, the residence permit is not issued as an electronic residence permit (plastic card, so-called "eAT"), but is affixed to the foreigner's passport (Section 78a of the Residence Act). This usually occurs when a trip abroad is imminent and it is no longer possible to order the residence permit from the Federal Printing Office in a timely manner.