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Residence Permit Requirements
Lawyer explains: All information about the requirements and procedure for applying for a residence permit in Germany.
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The requirements for a residence permit differ fundamentally depending on the purpose of the residence permit . For example, a residence permit for work purposes requires different requirements than a residence permit for family reunification . At the same time, however, there are so-called " general requirements for granting a residence permit" that must be met for every residence permit or residence title. These general requirements for granting a residence permit are regulated in Section 5 of the Residence Act . On this page, you will find all the information you need about the general requirements for applying for a residence permit and the administrative details involved in applying for a residence permit. This list will explain step-by-step which requirements you need to fulfill to migrate to Germany with a visa.
1. Requirements for a residence permit
2. Time requirements for residence permit
3. Proof of requirements for residence permit
4. Requirement cannot be met
5. FAQ Requirements for residence permit
6. Conclusion Requirements for residence permit
7. VISAGUARD Guides to Residence Permits
1. Requirements for a residence permit
In order to stay in Germany, the following general residence requirements ( Section 5 of the Residence Act ) must always be met:
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clarified identity or passport (Section 3 of the Residence Act)
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secure livelihood (financial resources, housing and health insurance; Section 5 (1) No. 1 Residence Act)
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no previous convictions or other reasons for deportation (Section 5 (1) No. 2 Residence Act)
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Entry with the correct visa (Section 5 (2) Residence Act)
Deviations from these requirements are only possible under certain circumstances. This can only happen if an exceptional case exists. Whether this is the case is subject to full review by the courts (Federal Administrative Court, judgment of April 30, 2009, 1 C 3/08). If in doubt, you can find out when such an exceptional case applies from a lawyer.
2. Time requirements for residence permit
The requirements for granting a residence permit must generally be met at the time the official decision is made (i.e. exactly when the case officer is reviewing your application). On the one hand, this means that you can submit the application and then submit documents later (e.g. submitting your language certificate a few weeks after submitting your application). At the same time, however, it also means that some requirements may no longer apply during the review process (e.g. becoming unemployed while applying for a residence permit). In the best case scenario, you apply for a residence permit and then already meet the requirements when you apply. However, if documents are missing or incomplete, the case officer must hear you and give you the opportunity to submit them later before rejecting your application ( Section 28 of the Administrative Procedure Act ).
3. Proof of requirements for residence permit
The fulfillment of the requirements for a residence permit is generally demonstrated by the relevant documents . For example, to prove that your livelihood is secure , you must submit a relevant employment contract, salary documents, and an employer's certificate. The documents must be credible and conclusive. While caseworkers do not always insist on submitting all documents in their original form, you should be prepared for the possibility of being asked to provide the relevant documents for a residence permit if, for example, you submit poor copies.
4. Requirement cannot be met
If you cannot meet one or more of the requirements for a residence permit, you will need to seek alternative options . It is often advisable to seek legal advice to find solutions for non-fulfillment of the requirements for a residence permit. This is especially true if you do not have certain documents available. In this case, an experienced lawyer can explore other ways to replace any missing documents with other evidence. This can often result in the residence permit being granted.
