Germany Residence Permit

Foreigners from third countries usually need a residence permit to enter and stay in Germany. The Residence Act (Aufenthaltsgesetz) provides for seven different residence permits:

1. Residence permit (Aufenthaltserlaubnis): A temporary residence permit that can be issued for various purposes such as employment, study, family reunification, etc.
2. EU Blue Card (Blaue Karte EU): A special residence permit for highly qualified professionals providing easier access to the EU labour market.
3. ICT card (ICT-Karte): Residence permit for the intra-corporate transfer of employees to a branch or office of a company in Germany.
4. Mobile ICT card (Mobile ICT-Karte): Designed for employees who already hold an ICT card issued by another EU Member State and are transferred to a branch office in Germany for a limited period.
5. Permanent residence permit - EU (Daueraufenthalt-EU): A residence permit entitling you to reside permanently in Germany with the possibility of moving to another EU Member State for work or residence.
6. Settlement permit (Niederlassungserlaubnis): An indefinite residence permit that grants the full right to live and work in Germany.
7. Visa (Visum): A short-term authorisation to enter and stay, which in some cases can serve as a first step towards a longer-term residence permit.

Key distinctions:

• Residence permits, EU Blue Card, ICT and Mobile ICT cards and visas are issued for a limited period of time. These documents can be extended if the conditions under which they were issued continue to be fulfilled.
• The settlement permit and the permanent residence permit - EU are indefinite, which gives more stability and rights to the holders of these documents. The main difference between these two residence permits is that permanent residence - EU provides the possibility to move to other EU countries with the right to work and reside.

Right to Work:

A residence permit entitles you to work if this is explicitly stated in the Residence Act or if the residence permit contains a corresponding authorisation. In some cases, a separate authorisation from the Federal Employment Agency may be required for work.

Each type of residence permit has its own specific requirements and it is important to follow these precisely when submitting your application.

If your residence permit is about to expire, it is important to apply for an extension or another residence permit (e.g. settlement permit) before the expiry of your current permit. If you apply in time, i.e. before your current permit expires, your stay in the country will be considered legal until a decision is made by the immigration authorities. This also preserves your right to continue working in paid employment.

However, if the application is submitted late, after your current residence permit has expired, there may be serious legal consequences. In such a case, your continued stay will be considered illegal, which will require you to leave the country immediately. In addition, you will lose your right to continue working.

Therefore, it is extremely important to take care of the extension or change of residence permit well in advance to avoid possible complications and to ensure your right to legally stay and work in the country.

A residence permit in Germany is granted for a fixed period of time and for a specific purpose, which is specified in the Residence Act. The main possible purposes include:

1. Residence for the purpose of study (§§ 16-17 of the Residence Act):
   • This type of residence permit is issued for higher education, internships, language courses and other forms of education.
2. Residence for the purpose of employment (§§ 18 et seq. of the Residence Act):
   • A residence permit for work is issued on the basis of an employment contract or for the performance of a specific professional activity.
3. Stay for international law, humanitarian or political reasons (§§ 22-26, 104a, 104b of the Residence Act):
   • This type of residence permit is issued, for example, for asylum seekers, refugees or on humanitarian grounds.
4. Residence for family reasons (§§ 27-36a of the Residence Act):
   • A family residence permit can be issued for family reunification if a family member is already legally residing in Germany.

Each type of residence permit has its own requirements, which are defined in the Residence Act. It is important that the residence permit can only be extended if all the requirements that were laid down when it was initially granted remain fulfilled. The responsible authority may also refuse an extension if it is assumed that the stay will be temporary.

The extension of the residence permit takes into account whether the foreigner has fulfilled his/her obligation to participate in the integration course, if he/she was obliged to do so. If the foreigner has not completed the course or cannot prove his/her integration in other ways, the residence permit can only be extended for one year until these requirements are fulfilled.

A settlement permit is a permanent residence permit introduced by the Immigration Act and offers its holder a number of significant advantages over a temporary residence permit. The main features and requirements for obtaining a settlement permit are as follows:

Features of the settlement authorisation:

• Permanent residence: The settlement permit has no time limit and entitles the foreigner to reside permanently in Germany.
• Right to work: A settlement permit automatically entitles you to take up any paid employment without the need for an additional permit.
• No geographical restrictions: Unlike a temporary residence permit, a settlement permit is not restricted to a specific region of Germany.
• Independence from additional conditions: It cannot be subject to any additional conditions or restrictions other than those expressly provided for in the Residence Act.

Basic requirements for obtaining a settlement permit:

• Residence in Germany for five years: The basic prerequisite is that the applicant has held a residence permit for at least five years. This period may be reduced for certain categories of persons, such as highly qualified specialists.
• Livelihood security: The applicant must prove that he or she is able to provide for him or herself and his or her family without having to apply for social benefits.
• Knowledge of German: Sufficient knowledge of German at a level that allows integration into society and the labour market (usually level B1 on the CEFR scale) is required.
• Availability of health insurance and pension savings: The applicant must have health insurance as well as sufficient pension savings.

Special Conditions:

• For highly qualified persons: There are simplified conditions for obtaining a settlement permit for highly qualified persons, who can obtain it after a shorter period of residence or when fulfilling other specific requirements.
• For humanitarian categories: For foreigners who have been granted a residence permit on humanitarian grounds (e.g. refugee status), there are also special conditions and exceptions specified in Section 26 of the Residence Act.

The settlement permit thus provides foreigners who fulfil certain requirements with stability and permanence in their residence and employment in Germany.

Permanent residence permit - EU is a special residence permit provided for in Section 9a of the Residence Act (Aufenthaltsgesetz) in Germany. This status grants third-country nationals (non-EU, EEA or Swiss) rights and privileges similar to those of EU citizens and provides broad access to the labour market and social benefits.

Main characteristics of the permanent residence permit - EU:

1. Permanent status: The permanent residence permit - EU is indefinite, which means that it is not limited in duration and does not require regular renewal.
2. Right to move to other EU countries: One of the key advantages of this status is the right to move and reside in any other EU Member State (except Denmark and Ireland) with the possibility of working, studying or starting a business there. This makes the residence permit - EU more flexible than a regular settlement permit.
3. Equal rights with EU citizens: Foreigners who hold a permanent residence permit - EU have equal rights with German citizens in terms of access to the labour market, social benefits, education and other public services. This also extends to the possibility to engage in any paid activity or to be self-employed.
4. Receipt Requirements:
   • Legal residence for 5 years: A foreigner must have lived in Germany legally for at least five years.
   • Livelihood security: The applicant must have a stable and sufficient income to support themselves and their family members.
   • Health insurance and pension savings: Having health insurance and sufficient pension savings to provide for old age.
   • German language skills and integration: The applicant must have sufficient knowledge of the German language and a basic knowledge of the German legal and social order.
5. Freedom of movement: This status allows you to stay abroad (within the EU) for up to 12 months without losing your right to permanent residence - EU, which distinguishes it from other residence permits.

The Permanent Residence Permit - EU offers third-country nationals significant benefits, including stability of residence and extensive opportunities to work and move around the EU. It is an excellent choice for those planning long-term residence in Europe with the flexibility to move between EU countries.

The process of obtaining a work permit in Germany for third-country nationals involves several steps that take place as part of the residence permit procedure. The immigration authorities and the Federal Employment Agency (Bundesagentur für Arbeit) play an important role in this process, which gives its approval for the employment. Here is how the process looks like:

1. Preparation of documents

• Filling in the application: The applicant must fill in the application for a residence permit with the right to employment.
• Documents from the employer: The employer must provide a contract of employment or a letter of offer of employment, as well as a completed "Job Description" form that describes working conditions, salary and working hours.
• Personal documents of the applicant: The applicant should also prepare documents proving his/her qualifications, passport, and possibly also health insurance and proof of accommodation in Germany.

2. Submitting an application

• The application is submitted to the local immigration office (Ausländerbehörde). If the residence permit already allows gainful employment, additional steps may not be necessary.
• In some cases, if a work permit is required but has not been issued automatically with a residence permit, the applicant must appear before the immigration authorities to apply for a work permit.

3. approval by the Federal Employment Agency

• The immigration authorities forward the information on the application to the Federal Employment Agency, which checks whether the applicant meets the requirements for employment in Germany and whether his or her employment does not violate the interests of the German labour market.
• Priority check: The Federal Employment Agency checks whether there are no German, EU or EFTA nationals who have priority employment rights for the vacancy in question.

4. Issuance of a work permit

• If the Federal Employment Agency approves the application, the immigration authorities issue a residence permit with a work authorisation stamp. This process takes place through internal coordination between the agencies and the applicant does not usually need to interact personally with each of them.

5. Obtaining a residence permit

• The applicant receives a residence permit with a stamp confirming the right to work. This document specifies which types of work activities are allowed and possible restrictions.

6. Duties of the employer

• The employer must ensure that the employee has a valid work permit and keep a copy of the residence permit with the employment eligibility stamp. If the employment relationship ends, the employer must notify the immigration authorities within four weeks.

Conclusion

The procedure for obtaining a work permit in Germany for third-country nationals is simplified by the integration of immigration and labour authorities, which makes the process more transparent and efficient. The immigration authorities operate on a one-stop shop basis, which allows applicants to deal with one authority rather than several, and significantly speeds up the process of obtaining a work permit.

The right to work in Germany is not automatically granted with a residence permit (Hochschule). This right must be specifically stated on your residence permit. Here are the main points to bear in mind:

1. Residence permit (residence permit)

• Not an automatic right to work: Having a residence permit does not mean that you are automatically allowed to work. The right to work must be specifically stated in your residence permit.
• Working conditions: If you are allowed to work, this will be reflected in the residence permit in the form of an entry such as "Erwerbstätigkeit gestattet" (employment authorised) or "Beschäftigung erlaubt" (work authorised). In some cases, restrictions may be specified, such as only a certain type of work or the need for additional consent from the Federal Employment Agency.

2. Settlement authorisation

• Automatic right to work: If you have a settlement permit (Niederlassungserlaubnis), you have the right to work without any restrictions. In this case, your residence permit will be labelled "Erwerbstätigkeit gestattet" (employment authorised), which means that you are free to take up any paid employment.

3. Labour conditions

• Additional conditions: In some cases, the work permit may be restricted, for example to a certain company, profession or working hours. These conditions will also be stated on your residence permit.

4. Verification and notification

• Employer's responsibility: It is the employer's responsibility to make sure that your residence permit contains the right to work and that all conditions are fulfilled. In addition, the employer must notify the immigration authorities if your employment ends prematurely.

5. Obtaining the right to work

• Process: If your residence permit does not include work authorisation, you can apply to change its terms by adding employment eligibility. This process involves contacting immigration authorities and may require approval from the Federal Employment Agency.

Thus, in order to work in Germany with a residence permit, it is necessary that this right is explicitly included in your residence permit.

Foreigners who want to work in Germany must fulfil certain requirements and conditions depending on their qualifications, country of origin and type of work. Here are the main points concerning entry into Germany for work:

1. Unskilled and low-skilled workers

• General restrictions: Germany has a ban on the employment of unskilled and low-skilled workers from abroad. Exceptions to this rule apply only to citizens of a number of Western Balkan countries (Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro, Serbia), who can obtain a residence permit for any work up to and including 2020. This rule was extended with the introduction of quotas on the number of work permits.

2. Highly qualified specialists

• Immigration opportunities: Highly qualified foreigners, such as holders of foreign professional qualifications or higher education, can immigrate to Germany with the prospect of permanent residence after five years of stay. Such professionals can obtain an EU Blue Card, which provides simplified access to the labour market and allows them to live and work in Germany.

3. Employment procedure

• Priority right to work: Access to the German labour market is only possible if German or preferential foreign workers cannot apply for the position in question. For this purpose, the employer must report the vacancy to the Federal Employment Agency (BA).
• Approval from the employment agency: The Federal Employment Agency will only issue a work permit if the position cannot be filled by a favourable candidate and the working conditions are in line with those offered to German employees.

4. exemptions for highly qualified professionals

• Exemption from consent: Certain highly qualified professionals, such as scientists and technicians, may be exempt from the need to obtain consent from the Federal Employment Agency. These exemptions are governed by the Employment Ordinance, which also includes other categories such as professional athletes.

5. Special rules for the EU Blue Card

• EU Blue Card: This is a residence permit for highly qualified professionals that allows entry and work in Germany without the need to verify the priority right to work. The EU Blue Card requires proof of higher education and a specific job offer with a certain minimum salary.

Thus, job opportunities in Germany for foreigners depend on their qualifications, country of origin and fulfilment of certain conditions. Highly qualified professionals have more immigration and employment opportunities, while unskilled and low-skilled workers face restrictions and exemptions.

The EU Blue Card (Blue Card) is the main residence permit for highly qualified professionals from third countries who wish to work in Germany. It makes it easier to enter and work in Germany, providing opportunities for long-term residence. Here are the basic requirements for obtaining an EU Blue Card:

Basic requirements

1. Higher Education:
   • The applicant must have proof of university education. If the education was obtained abroad, the qualification must be recognised in Germany or comparable to a German qualification. The equivalence of the qualification can be verified through the Central Office for Foreign Education in Germany (ZAB).
2. Employment contract or job offer:
   • The applicant must have a binding job offer or a signed employment contract with a German employer.
   • The annual gross salary must be at least €56,800 (data for 2024). In professions with skills shortages (e.g. doctors, engineers, IT specialists), the minimum salary threshold is lower at €44,304 (data for 2024).

Validity period and renewability

• Validity of the EU Blue Card: The EU Blue Card is normally issued for a period of up to four years. If the employment contract has a shorter term, the card is issued for the duration of the contract plus three months.

Obtaining a settlement permit

• After 33 months: EU Blue Card holders can apply for permanent residence in Germany (settlement permit).
• After 21 months: If the applicant has a B1 (intermediate) level of German, a settlement permit can be obtained after 21 months of Blue Card employment.

Rights of family members

• Family members of EU Blue Card holders do not have to prove their German language skills before entering the country.
• Family members can obtain a work permit immediately upon arrival without any restrictions.

Mobility in the EU

• Periods of residence with the EU Blue Card in other EU countries can be added together to qualify for long-term residence in the EU. However, the applicant must have lived in the first country for at least 18 months.

Possible changes in the future

• Reform of the EU Blue Card Directive: In June 2016, the European Commission proposed a reform to make the EU Blue Card more attractive. Included are proposals such as lowering the salary threshold, equalising practical qualifications with formal diplomas, improving intra-EU mobility and simplifying the rights of family members. These proposals are still under discussion and may lead to legislative changes.

The EU Blue Card is a powerful tool for attracting skilled professionals to Germany, providing them and their families with significant work and residence opportunities.

Yes, there are additional rules for highly qualified professionals in Germany. According to Section 19 of the Residence Act (Aufenthaltsgesetz), highly qualified persons can obtain a permanent residence permit (settlement permit) immediately, without having to obtain a temporary residence permit in advance.

Who is considered to be highly skilled?

Highly skilled professionals include:

1. Scientists with specialised knowledge: These may be professionals who have in-depth and specific knowledge in their field, such as scientific researchers or engineers working on innovative projects.
2. Professors or research assistants in prominent positions: This includes professors, associate professors, research assistants holding senior positions in universities or research institutes.

Benefits for highly qualified specialists

1. Permanent residence permit (settlement permit) immediately: Unlike other categories, highly qualified persons can obtain a permanent residence permit from the outset. This means that they do not have to obtain a temporary residence permit first.
2. Right to work for family members: Family members of a highly qualified person who accompany him or her or join him or her at a later date are also entitled to work in Germany without restrictions.
3. Exemption from German language requirements: For highly qualified professionals and their family members, German language skills are not always required at the initial stage of entry.

Conditions of stay

• No geographical restrictions: The residence permit for highly qualified professionals does not contain any geographical restrictions, which means that they can live and work in any region of Germany.
• No restrictions on activities: The settlement permit grants the right to engage in any paid activity without restrictions.
• Right of permanent residence: A permanent residence permit allows a highly qualified professional and his/her family to reside in Germany indefinitely, ensuring access to social services, health care and other public benefits.

Germany thus offers significant advantages to highly qualified professionals, facilitating their immigration and integration into society, as well as providing stable living and working conditions.

Self-employed persons can immigrate to Germany according to §21 of the Residence Act (Aufenthaltsgesetz) if they fulfil certain conditions. These conditions are aimed at ensuring that the self-employed person's activities are of economic benefit to the country and the region.

Conditions for immigration as a self-employed person:

1. Economic interest or regional need:
   • The immigrant must prove that his or her activities are of economic interest to Germany or fulfil a regional need. This may be related to the creation of new jobs, the introduction of innovations or the fulfilment of a shortage in a certain sector.
2. Positive impact on the economy:
   • The activities of a self-employed person must have a positive impact on the country's economy. For example, this may include contributing to the development of local businesses, improving infrastructure, attracting investment or increasing the competitiveness of the region.
3. Guaranteed Funding:
   • A self-employed immigrant must prove that he or she has the necessary financial resources to carry out his or her activities. This may include own capital, loans or investments. The financial security must be stable enough to guarantee the success of the business and ensure its long-term functioning.

The process of verification and authorisation:

• Immigration authorities: These conditions are checked by the German immigration authorities. Expert bodies such as chambers of commerce and industry, economic councils and other professional organisations may be involved in the assessment process and can provide their opinions on the economic feasibility of the activity.
• Advice and support: German diplomatic missions abroad (embassies and consulates) can provide additional information and advice on how to prepare an application for a residence permit as a self-employed person.

Examples of self-employment:

• Starting a business: For example, setting up a new company, representing a foreign firm, launching a start-up or franchise.
• Freelancing: Persons working as freelancers (e.g. consultants, IT specialists, designers, artists) can also obtain a permit if their activities fulfil the conditions.
• Property investment: In some cases, the acquisition and management of property may be considered self-employment if it will have a significant economic impact.

Immigrants who fulfil the above requirements can expect to be granted a residence permit in Germany and to practise their profession legally.

Yes, in some cases the approval of the Federal Employment Agency (Bundesagentur für Arbeit) is required in order to work in Germany. This is necessary if your employment does not fall under the exemptions specified in the Employment Ordinance (Beschäftigungsverordnung) or if you are applying for an EU Blue Card in an occupation that is not on the shortage list.

When is approval from the Federal Employment Agency required?

• Type of employment: If your occupation or type of employment is not listed in the list of exemptions in the Employment Ordinance.
• EU Blue Card: Certain occupations that are not on the shortage list but still require an EU Blue Card also require approval from the Federal Employment Agency.
• Short-term employment: Some short-term employment may require prior approval.

Where do I apply?

You do not need to go to the Federal Employment Agency yourself to get approval. The process is as follows:

1. Applying for a visa or residence permit:
   • Immigration authority: If you are already in Germany, the application must be submitted to the local immigration authority (Ausländerbehörde).
   • Diplomatic representation: If you are applying from abroad, this takes place at a German diplomatic representation (embassy or consulate).
2. Verification and Approval:
   • Once your visa or residence permit application has been submitted, the immigration authority or diplomatic mission will independently forward the documents to the Federal Employment Agency for the necessary approval.
   • The Federal Employment Agency checks the working conditions, the suitability for the German labour market and the salary level. This process usually takes some time and the results are passed back to the immigration authority.
3. Solution:
   • After receiving approval from the Federal Employment Agency, the immigration authority or diplomatic mission will make a final decision on your visa or residence permit application.

Exceptions to the need for approval:

Certain categories of employment are exempt from the need to obtain approval from the Federal Employment Agency. These categories include highly skilled professionals, scientists, certain types of self-employment, and other special cases as provided by law.

It is important to familiarise yourself with the requirements and, if necessary, consult with your employer or a lawyer to prepare all the necessary documents.

Yes, in some cases you can come to Germany to work without special qualifications. The main rules and exceptions regarding this are regulated by the Employment Ordinance and other legislation. Let's consider the key points:

General rules

1. A job with no qualifications:
   • In general, qualifications or vocational training are required to work in Germany, especially for residence permits and work permits. This is because the immigration authorities and the Federal Employment Agency have to make sure that a worker with the required skills does not exist among the local population or among favoured foreign workers.
2. Exemptions and special regulation:
   • Citizens of the Western Balkans: Under a special regulation for citizens of Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, Kosovo, Macedonia and Serbia, which was in force until the end of 2020, residence permits were authorised for any employment, regardless of the level of qualification. This regulation operated as an annual quota and the conditions may have changed over the years.
   • Short-term borrowed employment: In some cases, even if there is no qualification, it is possible to obtain permission for short-term employment if there is a need for labour and certain conditions are met, such as the length of employment not exceeding eight months and compliance with collective agreements.
3. Special Exemptions:
   • Shortage occupations: For some professions where there is a labour shortage (e.g. doctors, engineers), there may be simplified conditions for obtaining a residence permit, even if the candidate does not have the special qualifications required for other professions.
   • Mobile workers: For example, if the job involves movement within the company (e.g. within an international corporation), there may be special rules for workers without qualifications but with experience in another part of the company.

Application process

• Applying: To obtain a work permit and a residence permit, you need to apply to an immigration authority in Germany or to a German diplomatic mission abroad. For most categories of application, the immigration authorities themselves will contact the Federal Employment Agency to obtain the necessary approvals.
• Documents: You will need to provide documentation to prove your employment, such as a contract of employment or job offer, and evidence of ability or work experience, if applicable.

Recommendations

• Check current requirements: As rules can change, it is important to check the current requirements and exemptions at the time of application. It is also a good idea to consult with an immigration lawyer or employment specialist to get accurate advice and prepare all necessary documents.
• Following the rules: Even if there are exceptions, it is still important to follow the process and provide all required documents to avoid delays and problems with immigration authorities.

There are several key rules and requirements for students coming to Germany regarding their stay and employment. These rules ensure that not only study, but also limited employment opportunities and provide pathways to finding a job after completing their studies. Let's take a closer look at them:

Basic rules for students

1. Obtaining a residence permit to study:
   • A residence permit for studies is issued on the basis of Section 16b of the Residence Act. To obtain it, students must provide proof of enrolment at an accredited educational institution in Germany, proof of financial solvency and health insurance.
2. Work while studying:
   • General rule: Students may work up to 140 full days or 280 part days per year. This limit applies to part-time work, and the work can be either in your free time or while you are studying.
   • Regulation of the working student: During the academic term, students may work up to 20 hours per week. This regulation applies regardless of the distribution of the workload during the week, which allows for flexible work scheduling depending on the class schedule.
   • Holidays: There is no restriction on the time of employment during the semester holidays, i.e. students can work full-time.
3. Distance and distance learning:
   • Students can also engage in distance learning or participate in distance education programmes. However, this requires that the institution is accredited and offers a formal distance learning programme.
4. Renewal of residence permit after studies:
   • After completing their studies, students can extend their residence permit for up to 18 months to find a job that matches their speciality. This enables graduates to find a job in Germany that matches their qualifications.
5. Working conditions during the job search:
   • While the graduate is looking for a job, any paid work is allowed, even if it is not directly related to the diploma. This enables you to support yourself financially during the period of searching for a suitable job.
6. Mobility within the EU:
   • Since 1 August 2017, students based in Germany can also participate in cross-border projects and study programmes in other EU countries. This makes it easier to participate in international exchange programmes and study courses outside Germany.

These rules provide flexibility for foreign students in Germany, allowing them to combine study with employment and providing opportunities for professional development after completing their education. It is important to respect the restrictions and to renew your residence permit in time to avoid problems with immigration authorities.

In the context of globalisation and the development of scientific research, the mobility of researchers is becoming increasingly important. To provide flexibility and support for the movement of researchers within and outside the European Union, Germany has established special rules and options for researchers. Let's take a closer look at them.

Residence permits for researchers

1. Residence permit for research purposes:
   • In Germany, researchers can obtain a residence permit on the basis of Section 20 of the Residence Act. This residence permit is intended for foreign researchers who come to Germany to conduct scientific research.
2. New rules for short-term research stays (from 1 August 2017):
   • Short-term scientific research: In accordance with sections 20a and 20b of the Residence Act, simplified rules for short-term stays of researchers have been introduced, making it easier to organise temporary scientific missions and projects. This simplification aims to increase the mobility of researchers and reduce bureaucratic procedures.
3. Researcher mobility:
   • Intra-EU mobility: Researchers based in Germany can enjoy intra-EU mobility rights. This allows them to move and work in other EU countries to carry out research, participate in international projects and co-operate with foreign institutions.
   • Mobility within the EU: Researchers holding an EU Blue Card or a residence permit for research purposes can move between EU Member States, facilitating participation in international research projects and conferences.
4. The procedure for obtaining a residence permit for researchers:
   • Agreement with a research organisation: In order to obtain a residence permit, the researcher must have a contract or agreement with a research organisation or university in Germany. This document must confirm the purpose and conditions of the scientific research.
   • Financial support: Evidence of sufficient funding to live and conduct research in Germany must be provided. This can be provided through grants, scholarships or funding from a research organisation.
   • Language skills: Although knowledge of German is not always a requirement, it can be useful for successful integration and research.
5. Renewal and change of status:
   • If it is necessary to continue the research or change the conditions of stay, researchers can apply for an extension of the residence permit. Extension is possible if all initial conditions are met and evidence of continued research is provided.

Special rules for researchers, introduced in 2017, significantly simplify short and long-term movements of scientists, facilitating their participation in international projects and co-operation on a global level. The possibility of mobility within the EU and simplified procedures for short-term stays help researchers to work effectively and share knowledge worldwide.

Yes, the German Residence Act does not generally apply to EU citizens and their family members, as the Freedom of Movement of EU Citizens Act (Verordnung (EG) No. 492/2011 in particular and Directive 2004/38/EC) applies to them. Nevertheless, there are several situations in which the provisions of the Residence Act may be relevant:

The main cases in which the Residence Act applies to EU citizens:

1. More favourable legal status:
   • If the Residence Act provides more favourable conditions compared to the Freedom of Movement Act (e.g. longer periods of stay or more flexible conditions for obtaining a permanent residence permit), EU citizens can benefit from these more favourable conditions.
2. Termination of the right to freedom of movement:
   • Where the right to freedom of movement of EU citizens has been lost (e.g. in the case of loss of status as an "employee" or "self-employed person"), the provisions of the Residence Act may be applied to determine the legal status and conditions of stay.
3. Explicitly stated in the legislation:
   • Some provisions of the Residence Act may be explicitly stated as applicable to EU citizens and their family members in certain contexts. For example, in cases where a decision is required to grant a residence permit in accordance with specific conditions stipulated in the Residence Act.

General rules for EU citizens:

• Freedom of movement: EU citizens have the right to move and reside freely in other EU Member States on the basis of the Freedom of Movement Act. They can stay in another EU country for up to three months without additional formalities. For a longer stay (more than three months), certain conditions must be met, such as being employed, studying, self-employed or sufficiently financed.
• Right of permanent residence: After five years of legal residence in another EU Member State, EU citizens can obtain the right of permanent residence under the Freedom of Movement Act.
• Family members: Family members of EU citizens also have the right to freedom of movement and can join their relative in another EU country. They may also have access to rights similar to those of an EU citizen themselves.

Thus, although the Residence Act does not generally apply to EU citizens, in certain circumstances its provisions may have an impact on their legal status and conditions of residence in Germany.

In Germany, a residence permit can be granted in exchange for a tolerance permit if you fulfil certain conditions specified in the Residence Act. Here are the main scenarios in which you can obtain a residence permit in exchange for a tolerance permit:

1. Residence permit after qualified vocational training or studies

• Education and employment: If you have completed qualified vocational training or university studies in Germany, you can obtain a residence permit for employment if you have a job offer that matches your qualifications and is approved by the Federal Employment Agency (Section 18a of the Residence Act).

2. Residence permits for professional migrants

• Qualified work: If you have a German or foreign university degree and have worked for two years without a break in accordance with your degree or three years in a qualified field, you may be granted a residence permit for work corresponding to your qualifications, subject to the conditions laid down in the Residence Act (Section 18a).

3. Residence permits for successfully integrated young people

• Young people under 21 years of age: If you are under 21 years of age, have lived in Germany on a permanent basis for at least four years and have successfully attended or completed school in Germany, you can obtain a residence permit if you have a positive integration prognosis. Conditions include not being deported due to fraud and having a livelihood. Residence rights for parents and minor siblings may also be granted in this case (Section 25a of the Residence Act).

4. Residence permit for long-term residents

• Long-term residence: If you have lived in Germany for eight years or more, you can obtain a residence permit regardless of your age. Important conditions include successful integration into society, which includes knowledge of the German language, compliance with the legal and social order and sufficient means of subsistence. Exceptions to this rule apply in cases of deliberate deception regarding your identity or nationality. For families with children, the period of provisional residence can be reduced to six years (Section 25b of the Residence Act).

Suitable conditions for substituting permission for tolerance:

• Integration and adaptation: It is important that your integration into society and compliance with legal regulations is satisfactory.
• No deception: It is essential that you do not provide false information that could affect your status.
• Proof of livelihood: In the case of a residence permit, you may need to prove that you have the means to support yourself.

If you fulfil these conditions, you can apply for a residence permit with the immigration authorities.

The process of applying for a residence permit has some key points that are important to consider to ensure that your request is dealt with in a timely and efficient manner. Here is when and how you should apply:

General deadlines for submitting an application

• At any time: You can apply for a residence permit at any time. However, it is recommended to submit it before the expiry of your current residence permit or tolerance permit in order to avoid interruptions in your legal status.
• Before the expiry of the tolerance period: If you have a tolerance permit, it is important to apply for a residence permit before the expiry of this permit. This will help to avoid a legal gap and ensure the continuity of your stay in the country.

Specific requirements

• For well-integrated young adults and adolescents:
  • If you are applying for a residence permit under the programme for well-integrated young people and adolescents (Section 25a of the Residence Act), the application must be submitted before the age of 21. This requirement is due to the fact that this category of visas and residence permits is intended for young people who have already proven their integration into society.

Preparing and submitting the application

1. Document Collection: Prepare all necessary documents, which may include proof of integration, financial solvency, proof of qualifications and other relevant documents depending on the type of residence permit.
2. Contact with immigration authorities: Contact your local immigration authority for accurate information about the necessary documents and procedural requirements. Also consider applying through a diplomatic mission if you are abroad.
3. Maintaining legal status: It is important that your status is legal throughout the application process. If your current permit is about to expire, make sure you apply early to avoid unauthorised stays.

Applying for a residence permit in good time will help you to avoid problems with your immigration status and ensure the continuity of your stay in Germany. If you have further questions or if you are unsure about any aspect of the process, it is advisable to consult an immigration lawyer or counsellor.

It is possible to work with a valid residence permit in Germany, but there are certain conditions and restrictions depending on the type of permit and your status. Below are the key points to consider:

Basic Conditions for Working with a Residence Permit

1. Priority principle and approval of the Federal Employment Agency:
   • Priority principle: For most residence permits, in order to obtain a work permit, it must first be ensured that no German citizens or other privileged foreigners are applying for the vacancy. This means that the Federal Employment Agency must confirm that there are no suitable local candidates for the vacancy.
   • Period of stay: If you have been in the country with a residence permit for at least three months, the Federal Employment Agency can grant a work permit. However, if you have already been in the country for more than 15 months, the job priority check can be waived and the process can be simplified.
2. Exceptions and special cases:
   • Vocational training: If you are in Germany for vocational training in a recognised profession, you do not need permission from the Federal Employment Agency.
   • Long-term residence: If you have had a residence permit in Germany for four years without interruption, you do not need a permit from the Federal Employment Agency for employment.
3. Exceptions:
   • Asylum seekers: People who have come to Germany to receive cash or asylum seeker benefits cannot work. Employment is also excluded for nationals of safe countries of origin if their asylum application was rejected after 31 August 2015.

Supplementary Regulations

• Work permit: In some cases, your residence permit may already include the right to work, which simplifies the process. For example, holders of certain residence permits, such as the EU Blue Card or settlement permit, can work without additional authorisations.
• Family members: Special rules may apply to family members of the holder of a residence permit. For example, family members are often entitled to work immediately after entering the country, even if the basic permit requires approval.

If you want to work in Germany, it is important to understand whether your residence permit requires additional approval for employment and what conditions need to be fulfilled. Check the details of your current permit and make sure you comply with all requirements to avoid legal problems. In case of doubts or complex situations, it is advisable to consult an immigration lawyer or an employment specialist.

Yes, if you have been in Germany for a long time in a tolerated stay status or with a residence permit, you may be eligible for employment without further approval from the Federal Employment Agency. Here are the basic conditions and explanations:

Conditions of Work for Long-Term Residency

1. Duration of Stay:
   • If you have lived in Germany for at least four years without interruption, including the time of a tolerated stay or a stay with a residence permit, you may be eligible for employment without the need for an additional authorisation from the Federal Employment Agency.
2. Cancellation of Priority Check:
   • Normally, when applying for a job, the principle of priority, according to which German citizens or privileged foreigners must be considered first, must be taken into account. However, if you have lived in Germany for four years or more, this check can be cancelled. This means that it is no longer necessary for you to check whether local workers are available for your vacancy.
3. Exceptions:
   • In some cases, employment may be excluded, for example if you came to Germany to receive asylum seeker benefits or if your deportation was prevented due to false information about yourself.

Practical Application

• Applying: Although additional authorisations from the Federal Employment Agency may not be required, it is advisable to check whether your current residence permit meets the necessary conditions for employment. This can be done through local immigration authorities.
• Documents and Information: Prepare all necessary documents proving your long-term stay and status to avoid possible difficulties in employment.

Recommendations

For specific information on your case and to clarify details, it is advisable to contact the immigration office or get advice from a labour law or immigration specialist. This will help to ensure that you comply with all relevant requirements and that you do not miss any important details.

Yes, there are conditions under which it is possible to obtain a residence permit in hardship cases despite not fulfilling the general requirements. In such cases, a special mechanism under section 23a of the Residence Act, called the "hardship commission", applies.

1. Conditions for Consideration:

• Exhaustion of Possibilities: The foreigner must be legally obliged to leave the country, i.e. all possible options for obtaining the right of residence have been exhausted. This means that all standard ways of obtaining or extending a residence permit have been used but have not been successful.
• Humanitarian Reasons: There must be specific, outstanding humanitarian reasons that justify the need to issue a residence permit. These reasons may include, for example, long-term stay in the country, family, medical needs or other significant circumstances.

2. exceptions:

• Offences: The granting of a residence permit may be excluded if the foreigner has committed offences of significant importance. This applies if the offences committed have a serious impact on security or public order.
• Livelihood: In some cases, proof of livelihood or a declaration of obligation may be required. This means that the foreigner must demonstrate that he or she has the financial resources to live in Germany without social assistance.

3. Procedure:

• Recommendation of the Commission: The Hardship Commission examines cases and issues recommendations for the granting of a residence permit. Their recommendation is not binding but serves as a basis for the decision of the relevant immigration authorities.
• Consideration in the Federal Provinces: Each federal state government has its own commissions that can consider difficult cases based on specific local circumstances.

Order of Actions

• Applying: If you think your case requires special consideration, you should contact the relevant immigration or local migration authorities. They can provide information about the possibility of applying to the hardship panel.
• Collection of Documents: Prepare all necessary documents supporting humanitarian causes and any other relevant materials.

Hardship Commissions provide an opportunity to consider exceptional cases and grant residence permits in circumstances where standard requirements cannot be met. This is an important mechanism to ensure that complex cases are dealt with fairly and that humanitarian considerations are taken into account.

If your case requires such special consideration, it is advisable to seek advice from immigration law specialists or local authorities to understand how to apply correctly and what documents to provide.

To find out about the existence of a hardship commission in your federal state and to understand how the process works, you can follow the steps below:

1. Clarify the Availability of the Commission:

• Visit the Official Website of the Federal Land: Your local government or immigration authority's website may have information about the existence of a hardship board. Look for sections on migration, immigration law or social services.
• Contact the Immigration Authorities: Contact your local immigration office or the Aliens' Office. They can provide up-to-date information on the existence and work of the hardship commission in your federal state.

2. Get Information about the Procedure:

• Help Centres: Visit migration information centres or immigration help centres. These institutions can provide details on how the application process to the hardship commission works.
• Legal Agents and Consultants: Contact lawyers or consultants specialising in migration law. They can provide details of the processes and requirements for application.

3. Application Process:

• Applying: Apply according to the procedures outlined by your local immigration authority. This usually includes preparing documents to support the special humanitarian circumstances of your case.
• Processing of the Application: After you submit your application, the hardship panel will review your case and make recommendations. Please note that the decisions of the committee are advisory; the final decision is made by the immigration authorities.

4. Positive Opinion of the Commission:

• Recommendation Nature: A favourable report from the hardship panel means that your case will be considered under the recommended conditions, but the final decision rests with the public authority.
• Financial and Humanitarian Aspects: Ensure that all documents supporting humanitarian causes and funding are prepared and provided.

5. Feedback and Appeals:

• Receiving a Decision: After the panel reviews your case, you will receive a formal decision. If your application was denied, find out the reasons for the denial and the options for appeal or reconsideration.

Process in the Federal Lands:

Berlin:

• Berlin has its own local rules and instructions for applying to the hardship board. You can find information on the website of the Berlin Immigration Office.

Bavaria:

• In Bavaria, hardship commissions operate at regional level. Information is available at the Bavarian immigration office or on the official government website.

Hamburg:

• Hamburg has its own procedures and requirements, which can be clarified by contacting the local migration authorities.

Each federal land has its own specifics and procedures, so it is important to get up-to-date information directly from the appropriate local agencies or professionals.

Family reunification in Germany is governed by Section 29 of the Residence Act and includes several key requirements and conditions. Let's take a closer look at the conditions and process of family reunification with foreigners in Germany:

General Requirements for Family Reunification

1. Legal Status of Foreigner:
   • For family reunification, a foreigner already residing in Germany must have one of the following residence permits:
     • Residence permit
     • Permanent residence permit - EU
     • EU Blue Card
     • ICT card (intra-company relocation)
     • ICT Mobile Card
     • Residence permit pursuant to § 23 (4) of the Residence Act
2. Living Area:
   • There must be sufficient living space for all family members. The definition of "adequate" space may vary depending on the federal government and specific conditions.
3. Means to Existence:
   • The livelihood of all family members must be ensured, including health insurance, without the use of social benefits. This condition may be waived in the cases listed below.
4. No Grounds for Eviction:
   • The applicant must have no grounds for eviction from Germany.

Exemptions and Special Conditions

1. Three Months Reunion:
   • If the application for family reunification is submitted within three months of the person being recognised as a refugee or granted asylum status, the subsistence and health insurance requirements may not apply.
2. Third Country Liaison:
   • If family life in a non-EU Member State where the foreigner or his family has a special connection is not possible, special conditions may apply.

Conditions for Spouses

1. Minimum Age:
   • Both spouses must be over the age of 18.
2. Language Requirements:
   • The immigrating spouse must demonstrate basic communication skills in German. However, there may be exceptions to this rule.
3. Exceptions:
   • In some cases, there may be exceptions to the minimum age or language requirements. More information is available on the website of the Federal Office for Migration and Refugees.

Special Provisions for Persons Eligible for Subsidiary Protection

• Family reunification with persons entitled to subsidiary protection is regulated by § 36a of the Residence Act. This reunification is limited to 1,000 persons per month and is granted on humanitarian grounds.

Application Process

1. Preparation of Documents:
   • Gather all necessary documents, including proof of legal status, proof of adequate living space and livelihood, and a language certificate if necessary.
2. Submitting an Application:
   • The application for family reunification is submitted to the immigration authorities. This can be done either in Germany or at the German consulate or embassy in the family's country of residence.
3. Consideration of the Application:
   • Once the application is submitted, the immigration authorities will verify that all requirements are met and decide whether to issue a visa or residence permit for family members.

Recommendations

• Consultation with Lawyers: As the process can be complex and involve many nuances, it is advisable to consult with a lawyer specialising in immigration law to ensure that all requirements are met.
• Federal Office for Migration and Refugees: For more information and assistance, you can contact the Federal Office for Migration and Refugees and visit their official website.

These steps will help you successfully navigate the family reunification process and ensure that all necessary requirements are met.

Yes, it is possible to bring a child to Germany if you or your spouse already have a residence permit or other legal status in the country. Family reunification with children is subject to a number of conditions and requirements that depend on your status and situation.

Conditions for bringing a child to Germany

1. Child's Age:
   • A child can go to stay with his or her parents in Germany until the age of 18.
2. Legal Status of Parents:
   • Parents must have one of the following statuses in Germany:
     • Residence permit
     • Permanent residence permit - EU
     • EU Blue Card
     • ICT map (intra-company relocation)
     • ICT Mobile Card
     • Settlement authorisation
3. Conditions for Reunification with One Parent:
   • If the child is travelling to one of the parents who have joint custody, reunification is required:
     • Consent for reunification from the other parent remaining abroad, or
     • A legally binding decision from the relevant authority.
4. Conditions for Minors:
   • If the reunification takes place with one parent and this parent holds a residence permit or settlement permit as a recognised asylum seeker or recognised refugee or as a highly qualified worker (EU Blue Card, ICT card, etc.), additional requirements such as German language skills are not necessary for minor children under 18 years of age.
   • If both parents or one parent and a child move to Germany and have a corresponding residence permit or settlement permit, minor children are entitled to a residence permit without further conditions.
5. Special Provisions for Persons with Additional Protection:
   • Where parents are entitled to additional protection, restrictions also apply, such as the quantitative limits on family reunification under section 36a of the Residence Act.

Application Process

1. Preparation of Documents:
   • Required documents for submission include:
     • Documents proving the parents' status in Germany.
     • Child's birth certificate.
     • Documents proving custody or consent of the other parent.
     • Evidence of sufficient funds for child support and health insurance.
2. Submitting an Application:
   • The application for a residence permit for a child is submitted to the immigration authorities in Germany or to the German consulate/embassy in the child's country of residence.
3. Consideration of the Application:
   • Immigration authorities review all documents submitted and make a decision based on compliance with all conditions and requirements.

Recommendations

• Consultation with a Lawyer: It is advisable to consult with a lawyer specialising in immigration law to ensure that all requirements are met and that all necessary documents are prepared correctly.
• Federal Office for Migration and Refugees: Contact the Federal Office for Migration and Refugees for more information and advice on family reunification.

By following these guidelines and conditions, you can ensure a successful reunification with your child in Germany.

If your child has already turned 16 but has not reached the age of 18, there is a possibility of family reunification in Germany, even if certain requirements for reunification before the age of 18 are not fulfilled. However, this may depend on your particular status and the conditions that were in place before the change in law. Here are the key aspects:

Basic Provisions for the Reunification of a Child:

1. General Conditions:
   • If your child is over the age of 16, he or she can join the parents in Germany, subject to the following conditions:
     • If you have a residence permit before 1 January 2005 and your child was born before that date, there is a possibility of reunification even if the age and language requirements are not fully met.
2. Special Provisions:
   • Old Foreigners Act: Under the old rules, if you had a residence permit before 1 January 2005 and your child was born before that date, the old family reunification rules may apply, which allow your child to join you even though he or she is over 16 years old.
   • Transitional Period: As legislation has changed, there may be transitional provisions for people who were under the old legislation and who had certain rights in relation to family reunification.
3. Current Regulations:
   • According to current requirements, children under the age of 18 can be reunited with their parents if they fulfil the conditions specified in Section 29 of the Residence Act. These conditions include the availability of sufficient living space, the provision of livelihood and health insurance, and the possibility of reunification in special humanitarian or exceptional circumstances.

How to Act:

1. Historic Status Check:
   • Make sure that your residence permit was actually valid before 1 January 2005 and that your child was born before that date. This will help you understand whether the old rules can be applied.
2. Consultation with an Immigration Lawyer:
   • It is recommended that you consult with a lawyer specialising in immigration law for accurate information and assistance in applying for family reunification in accordance with applicable laws.
3. Submitting an Application:
   • Apply for family reunification at the immigration authorities in Germany or at the German consulate/embassy in your child's country of residence. Be sure to provide all necessary documents and proof of your status and conditions for reunification.

Additional Measures:

• Contact the Federal Office for Migration and Refugees: For up-to-date information and advice on family reunification.
• Check the Transitional Provisions: Make sure you are familiar with the transitional provisions that may apply in your case.

Therefore, although there are special rules for old residence permits and old legislation, it is advisable to act according to current requirements and consult with professionals to ensure successful reunification with your child.

Yes, family members who have arrived in Germany on the basis of family reunification have the right to work in Germany. Here's how it works:

General Rules:

1. Right to Work:
   • Family members who have been granted a residence permit in Germany are generally entitled to take up any paid employment. This rule applies to all family members, including spouses and minor children, once a residence permit has been granted.
2. Family Reunification Process:
   • After obtaining a residence permit, family members can start working without the need for an additional work permit. This means that they can seek and start work without the restrictions of a work permit.
3. Documentation:
   • It is important that family members have relevant documents proving their status in Germany, such as a residence permit that confirms their right to work. These documents can be presented to potential employers.

Exceptions and Special Cases:

1. Dependence on Principal Immigrant Status:
   • If the main immigrant is someone with a certain type of residence permit, such as the EU Blue Card or the highly skilled residence permit, family members are usually entitled to work without any further restrictions.
2. Time Limitations:
   • In some cases, if the principal immigrant has temporary residency restrictions, the same restrictions may apply to family members until permanent status is obtained.
3. Special Conditions for People with Extra Protection:
   • For those with additional protection or temporary protection, there may be additional restrictions or conditions regarding employment for family members.

How to Act:

1. Status Check:
   • Make sure that the residence permit issued to family members confirms their right to work. To do this, check whether the document indicates the right to engage in gainful employment.
2. Contacting the Migration Authorities:
   • If in doubt or if you need to clarify your status, you can contact the local migration authorities or the Federal Office for Migration and Refugees for further information and advice.
3. Working with Employers:
   • Family members must provide employers with the necessary documents to prove their right to work. This may include residence permits and other supporting documents.

Thus, family members who come to Germany on the basis of family reunification can work in Germany immediately after obtaining a residence permit, without the need for an additional work permit.

Yes, you need a passport or a replacement passport to enter and stay in Germany. Although you do not need to carry your passport with you at all times, it is important to follow certain rules and guidelines:

General Rules:

1. Need to Carry a Passport:
   • Identification: You must carry a passport or its replacement and a residence permit to show when requested by the authorities. This may include the police, immigration authorities or other regulatory agencies.
   • Periodic Checking: It is important that you have your passport or a replacement when you are in public places or interacting with authorities, as this may be required to prove your identity.
2. Updating Documents:
   • Expiration Date: It is important to keep track of the expiry date of your passport. Apply for a new or replacement passport well in advance of the expiry date of your current document.
   • Applying: If your passport is invalid, lost or the information on it is incorrect, you must apply for a new passport or replacement immediately.
3. Procedures for Loss or Theft:
   • Lost or Stolen: If your passport is lost or stolen, you should immediately report it to immigration authorities and/or your country's diplomatic mission abroad to prevent possible fraud and to begin the process of obtaining a new passport.
   • Found Passport: If you have found a lost passport or a replacement passport, you must also notify the immigration authorities or diplomatic mission.

Practice Guidelines:

1. Document Storage:
   • Keep your passport and residence permit in a safe place, but accessible when needed. For example, you can use special storage documents or secure bags.
2. Copies of Documents:
   • Keep copies of your passport and residence permit, which may be useful if you lose the originals. Copies should be safely stored to prevent them from being lost or stolen.
3. Informing the Authorities:
   • Be prepared to inform the local authorities of any changes in the status of your passport or residence permit. This will help you avoid problems with the law and ensure your legal defence.

So, while it is not necessary to carry your passport at all times, you should be prepared to show it when requested by the authorities and keep it up to date to avoid problems with your documents during your stay in Germany.