Declaration of commitment Residence Act

All information about the requirements and procedure for a declaration of commitment in Germany.

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what a declaration of commitment to secure livelihood is
what the legal consequences of a declaration of commitment are
what requirements the declaration of commitment has
how the declaration of commitment is made

The declaration of commitment is a key instrument for securing a person's livelihood under German residence law , as defined in Section 5 of the Residence Act. It enables third-country nationals to demonstrate their financial security during a visa or residence permit application process, thus securing their livelihood despite lacking the necessary financial means . With this declaration, a third party—a private individual or legal entity—commits to the authorities to cover all public expenses incurred by the foreign national, if any.

This declaration is often a prerequisite for obtaining a visitor's visa , but also for certain humanitarian admission programs. It is particularly relevant for people who wish to bring relatives or those in need of protection to Germany. The declaration is usually submitted to the immigration authorities or German diplomatic mission abroad and serves as proof of secure living conditions for the stay.

2. Conditions and validity of the declaration of commitment

For a declaration of commitment to be effective, it must be made in writing ( Section 68 (2) of the Residence Act ) – ideally on a standardized federal form with a forgery-proof layout. The signatory must also provide evidence of financial capacity . This is usually done through salary slips, rental agreements, and other financial documents. The person providing the guarantee or signing the declaration of commitment must have sufficient financial resources to allow the seizure of the other foreigner's means of subsistence without reaching the seizure exemption limit.

The declaration of commitment is valid for a limited period of time. Since the Integration Act came into force in August 2016, it has a maximum validity period of five years (Section 68 (1) of the Residence Act). For older declarations, this is generally three years. However, the commitment does not end automatically upon the issuance of a residence permit, but only upon departure or a change of purpose outside the humanitarian section of the Residence Act.

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3. Apply for a declaration of commitment in Berlin

In Berlin, a declaration of commitment is submitted to the State Office for Immigration (LEA) if foreign nationals require financial security for a stay in Germany. The declaration of commitment serves to guarantee the immigrating person's livelihood, including food, accommodation, medical care, and possible repatriation costs. The application is submitted exclusively online via the Berlin Service Portal.

First, you complete a quick credit check on the LEA website . Then, you submit the actual online application, which requires you to upload all relevant documentation (e.g., proof of income, health insurance contributions, identification documents). After paying the fee (€29 or €14.50), you will receive confirmation and, later, an appointment at the LEA, where the letter of commitment will be issued. Processing can take three to six weeks. Letters of commitment with insufficient creditworthiness are generally not recognized by German diplomatic missions abroad.

4. Risks and legal consequences of the declaration of commitment

A declaration of commitment is not only a moral but also a legally binding declaration – and it entails considerable financial risks , as it effectively amounts to citizenship. Those who make this declaration are liable for social benefits, housing, medical care, and even deportation costs in an emergency. Even if the invited third-country national applies for asylum during their stay, the commitment generally remains in effect for up to five years.

Furthermore, it is often overlooked that the person issuing the invitation has no legal recourse against the invited person. They can neither force them to leave the country nor impose specific requirements for reducing costs. This becomes particularly problematic if the invited foreigner becomes ill or no longer has a visa. In such cases, high costs can quickly arise – for example, due to necessary detention pending deportation or emergency medical treatment.

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Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!

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5. FAQ

What is a declaration of commitment in residence law?
The declaration of commitment is a document in which a person declares their willingness to cover the living expenses of a foreign national during their stay in Germany. It serves as proof of secure living conditions, particularly in the context of a visa application.

Who can make a declaration of commitment?
Both natural persons (e.g. family members) and legal entities (e.g. associations) can submit a declaration of commitment, provided they have sufficient financial resources and can provide evidence of these.

How long is a declaration of commitment valid?
The validity period is generally up to five years. For older declarations (prior to the 2016 Integration Act), a three-year period often applies. The obligation does not automatically end with the visa or residence permit.

Can several declarations of commitment be combined?

Yes, declarations of commitment can be accumulated to secure a livelihood.

6. Conclusion

The declaration of commitment is a key instrument in German residence law for proving the financial security of third-country nationals. It facilitates entry to Germany for many people – whether for a visit, study, or humanitarian admission programs. At the same time, however, it is associated with far-reaching legal and financial consequences.

Anyone making such a declaration should be aware that it carries a real risk of liability – for up to five years. Therefore, sound legal advice in advance is strongly recommended in order to properly assess the implications.