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Re-applying the visa procedure

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All information on visa requirements and visa application procedures.

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Here you learn ...

  • what the visa requirement is and when it is fulfilled

  • which foreigners are exempt from the visa requirement

  • when it is not necessary to complete the visa procedure

  • when the visa procedure is unreasonable

Table of contents

1. Entry with the correct visa

2. Which foreign nationals do not need to go through the visa process?

3. Circumventing the visa procedure

4. Unreasonableness of the visa procedure

5. Claims (visa requirement)

6. FAQ

7. Conclusion on visa requirements

1. Entry with the correct visa

A visa is not the same as a residence permit. A visa allows entry to Germany, whereas a residence permit allows a longer stay in Germany. In order to be granted a residence permit, the applicant must have entered the country with the required visa ( Section 5 (2) of the Residence Act ). This means that entry must be made with the same visa as the subsequent stay. In particular, it is not possible, for example, to enter the country with a Schengen visa and then apply to the immigration authorities for a residence permit for the purpose of employment . The legislature has therefore provided for the visa as a control instrument for migration . A visa is therefore required even if the applicant is already residing in Germany. This only applies to the initial grant of a new residence permit and not to the extension of a residence title ( Section 39 No. 1 of the Residence Ordinance ).

2. Which foreign nationals do not need to go through the visa process?

However, the visa requirement does not apply in all cases. For example, entry with the correct visa is generally not required if a residence permit can be applied for within the country ( Sections 39 et seq. of the Residence Ordinance ). Of particular practical relevance here is the possession of a Blue Card from another European country (Section 39 Nos. 7 and 7a of the Residence Ordinance) and the extension of an ICT card (Section 39 No. 8 of the Residence Ordinance).

Furthermore, nationals of certain countries are exempt from the visa process to apply for a residence permit in Germany (so-called "Best Friends" countries, Section 41 of the Residence Ordinance ). These primarily include the following nationalities: Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom of Great Britain and Northern Ireland, and the United States of America (USA). Under certain conditions, this also applies to the following nationalities: Andorra, Brazil, El Salvador, Honduras, Monaco, and San Marino.

Even independent of these case groups, there are other situations in which no separate visa is required for the issuance of a residence permit:


  • Applying for an extension instead of an initial grant,

  • permanent exemption from the requirement of a residence permit (e.g. former Union citizens and diplomats ),

  • The eligibility requirements arise after entry (e.g. marriage to a German, birth of a German child, job offer as a skilled worker),

  • Holding residence permits from other Schengen states (especially Blue Card)


In these cases, you can apply for a residence permit directly in Germany without having to go through the visa process again.

Contact us

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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3. Circumventing the visa procedure

If the foreigner is already in Germany, the visa application process can also be waived if completing the visa application retroactively is "unreasonable" or if a so-called " eligibility case" exists. The immigration authorities can then, at their discretion, waive the visa application retroactively. This is possible in the following cases:



Case law has comprehensively defined when it is impossible or unreasonable to complete the visa application retroactively. The most important cases of unreasonable visa application retroactively are presented below.

4. Unreasonableness of the visa procedure

It is unreasonable to re-apply for the visa procedure in particular in the following cases:


  • Illness, pregnancy, disability of the applicant,

  • no travel connections available,

  • Existence of deportation bans,

  • Presence in Germany is mandatory (e.g. childcare),

  • No appointments available for visa applications.


There is no unreasonableness in the following cases:


  • the trip causes high costs,

  • there is a job offer,

  • a new apartment must be rented,

  • Completion of compulsory military service (OVG Berlin-Brandenburg, decision of 06.03.2008 OVG 11 S 43.07),

  • temporary separation from the spouse (OVG Berlin-Brandenburg, decision of 05.03.2007, OVG 2 S 19.07).

If the immigration authorities request a delayed visa application, an application for advance visa approval should be submitted to the immigration authorities in return to expedite the visa process (see Section 31, Paragraph 3 of the Residence Ordinance ). Although immigration authorities rarely cooperate in this regard, case law obliges them to prevent excessively long visa procedures (Higher Administrative Court of Bremen, December 21, 2011, 1 B 246/11).

5. Claims (visa requirement)

The immigration authorities may also waive the visa procedure if there is a right to a residence permit ( Section 5 (2) Sentence 1 of the Residence Act ). A right to a residence permit is always given when a residence permit "is to be issued", i.e. the immigration authorities have no discretion. This is the case, for example, with all skilled immigration permits (especially the EU Blue Card ). Even in these cases, however, all other requirements must be met, without the immigration authorities having any discretion (so-called " strict legal entitlement "). According to the Federal Administrative Court, such a strict legal entitlement only exists if all mandatory and regular factual requirements are met (Federal Administrative Court, judgment of December 10, 2014, 1 C 15.14). Even a "should" provision does not change this (Federal Administrative Court, judgment of December 17, 2015, 1 C 31.14). Even minor violations of the law prevent the emergence of a claim, since in these cases the immigration authorities must examine an interest in expulsion (BVerwG, judgment of 10.12.2014, 1 C 15.14).

Contact us

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!

6. FAQ

Who is exempt from the visa requirement to enter Germany?
Citizens of the so-called Best Friends countries (including the USA, Canada, Australia) do not require a visa to enter the country and can, under certain conditions, also apply for a residence permit in Germany (Section 41 of the Residence Ordinance).


When is it unreasonable to reapply for a visa?
Repatriation is considered unreasonable in cases of illness, pregnancy, lack of flight connections, or mandatory attendance (e.g., for childcare). High travel costs or a job offer are not sufficient, however. The unreasonableness must be clearly demonstrated (Section 5 (2) Sentence 2 of the Residence Act).


Can the immigration authorities waive the visa procedure if I am entitled to one?
Yes. If there is a legal entitlement to a residence permit – for example, under Section 18b or Section 18d of the Residence Act – the authority may waive the subsequent visa procedure. However, this requires that all the relevant requirements are met, and there is no interest in expulsion (see Federal Administrative Court, 1 C 15.14).

7. Conclusion

Anyone who wants to come to Germany and stay here for a longer period of time usually needs a visa for the correct purpose – for example, for work or study. Only with this visa can they later apply for a residence permit in the country. Entry with a tourist visa is not sufficient. Exceptions exist for certain nationals (e.g., the USA, Canada, Australia) and for people who already have a specific residence permit from another EU country (e.g., a Blue Card). The visa process can also be waived under special circumstances – such as illness, pregnancy, or a ban on deportation. If someone already has a legal right to a residence permit, the immigration authorities can waive the visa process. However, this only applies if all requirements are correctly met – even minor violations can exclude this right. Waiver of the visa process is also possible if the visa process is “unreasonable.”

List of sources

[1] Decker/Bader/Kothe, BeckOK Migration and Integration Law, 20th Edition as of 01.01.2025, Section 5 Residence Act

[2] see 6 BVerwG, judgment of 25 June 2019, BVerwGE 166, 77 on the reduction of discretion to zero in the visa requirement

[3] Regarding the change of purpose permit with a valid residence permit pursuant to Section 39 No. 1 Residence Ordinance, see VG Chemnitz decision of 14 March 2016 – 6 L 95/16

[4] For the purpose of the visa procedure, see BVerwG, judgment of 16.11.2010, 1 C 17.09

[5] Regarding the unreasonableness of the subsequent visa procedure due to military service in the home country, see OVG Berlin-Brandenburg, decision of 06.03.2008 OVG 11 S 43.07
[6] Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders of 19 June 1990 (Schengen Implementing Convention)

[7] Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)

[8] Section 5 (2) of the Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act – AufenthG) of 25 February 2008 (Federal Law Gazette I p. 162), last amended by Article 3 of the Act of 25 October 2024 (Federal Law Gazette 2024 I No. 332)

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