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Additional provisions in the right of residence
All information on ancillary provisions in the right of residence: This is how the immigration authorities can restrict your residence permit.
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1. What are ancillary provisions in the right of residence?
2. Additional provisions for visas and residence permits
3. Residence requirement as a special ancillary condition
4. Legal certainty and limits of ancillary provisions
5. FAQ
6. Conclusion
1. What are ancillary provisions in the right of residence?
In German residence law, residence permits such as visas or residence permits can be subject to so-called ancillary provisions in accordance with Section 36 of the Administrative Procedure Act These ancillary provisions can be issued in the form of requirements or conditions to link residence to certain prerequisites. Requirements require certain behavior—such as participation in an integration course—while conditions link the continued right of residence to a future, uncertain event. Also relevant in practice are the ancillary provisions regarding permission to work or be self-employed (see, for example, Section 21 (6) of the Residence Act ).
The condition subsequent is particularly important: If this occurs, the residence permit expires automatically – with far-reaching consequences for the foreigner. In this case, the person concerned is immediately required to leave the country (Section 50 (1) of the Residence Act). A very common condition subsequent is found, for example, in studies , where the corresponding residence permits, in accordance with Section 16b of the Residence Act, state that they expire upon discontinuation of the studies. Due to the serious consequences, it must be carefully examined before imposing such a condition whether a more lenient measure – such as a simple condition – would be sufficient.
2. Additional provisions for visas and residence permits
Additional conditions must be included on the visa label, especially for national Category D visas. A common additional condition is, for example, the requirement to register with the immigration authorities upon entry. Unlike temporary residence permits, settlement permits are generally exempt from additional conditions ( Section 9 (1) (2) of the Residence Act ). Only in exceptional cases—for example, for permanent residence permits issued before January 1, 2005—do old additional conditions remain temporarily in effect.
Those affected can request the repeal of these old ancillary provisions, unless there is a particularly compelling reason for their continued existence. This maintains a balance between protection of existing rights and adaptation to modern legal norms. It is important for those affected to be fully aware of their rights and obligations under ancillary provisions in order to avoid unintentional violations of the law and the associated risks.
3. Residence requirement as a special ancillary condition
A common form of ancillary provision is the so-called residence requirement , which restricts the choice of place of residence. This particularly affects individuals receiving benefits under the Social Code (SGB II), Social Code (SGB XII), or Asylum Seekers' Benefits Act (AsylbLG). The goal is to counteract an excessive burden on individual municipalities due to social benefits and prevent a concentration of social benefit recipients in certain areas. At the same time, the measure is intended to promote integration by tying those affected to places where suitable integration services are available.
In certain cases, however, the imposition of a residence requirement is particularly legally sensitive – for example, in the case of recognized refugees. In these cases, the responsible immigration authority must specifically explain why a requirement is necessary for migration or integration policy reasons. Exceptions are also permitted, for example, to establish a family unit or in cases of special care needs. Those affected can also apply for approval to change their place of residence under certain conditions.
4. Legal certainty and limits of ancillary provisions
Subsidiary provisions may not be used to impose additional penalties for legally sanctioned acts. For example, it is inadmissible to make a criminal offense such as illegal employment a condition subsequent for obtaining a residence permit. A threatened deportation may also not be replaced by a subsidiary provision, as this would undermine the legally prescribed decision-making process. Legal certainty for foreigners must always be maintained.
Those affected are advised to seek legal advice if they have any questions about conditions or requirements. Violations of these ancillary provisions can have serious consequences – up to and including loss of residency rights and deportation. However, many problems can be avoided through early information and targeted support. Expert assistance is offered, among others, by VISAGUARD, the digital platform for legal advice on residency in Germany.
5. FAQ
What are ancillary provisions in the right of residence?
Ancillary provisions are additional regulations attached to a residence permit. They can be structured as requirements , conditions , time-limited provisions, or reservations regarding revocation . This is regulated in Section 36 of the Administrative Procedure Act (VwVfG).
When are ancillary provisions legal?
Ancillary provisions must comply with the principle of proportionality. They must not violate higher-ranking law and must be sufficiently precise. A sanction may not be "hidden" through an ancillary provision.
What can I do if I do not agree with a collateral provision?
You can appeal the ancillary provision or take action against it in expedited proceedings before the administrative court. It is advisable to consult a lawyer, especially in cases of serious consequences such as the expiration of your residence permit.
6. Conclusion
Ancillary provisions in residence law are a key instrument for managing and monitoring residence status in Germany. They allow authorities to attach individual conditions to a residence permit – for example, for integration or for migration policy reasons. The resolutory condition is particularly important, as its fulfillment can lead to the automatic expiration of the permit . It is crucial for those affected to understand ancillary provisions and, if necessary, have them legally reviewed. Anyone who finds an unclear or burdensome provision in their residence permit should not hesitate to seek expert assistance. VISAGUARD helps you find competent immigration lawyers – quickly, digitally, and reliably.
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List of Sources (Paywall)
[1] Bergmann/Dienelt, Aliens Law, 12th edition 2018, § 12