topics
tools
Expatica countries
editor's choice

Expatica readers offer tips for using social media for business

Why renting in Germany is more than just an apartment search

Learning German: Passing the critical stage

O’zapft is! German Festivals in 2011

Public holidays in Germany in 2011

Index Last Var.(%)
BEL 20 2228.5 -1.86
DAX 6660.4 -1.89
IBEX 30 8753.6 -1.67
CAC 40 3366.62 -1.70
FTSE 100 5843.07 -0.89
AEX 319.85 -1.62
DJIA 12890.46 0.05
Nasdaq 2927.23 0.39
FTSE MIB 16359.61 -1.77
TSX Composite 12497.94 -0.18
ASX 4322.6 -0.79
Hang seng 20783.86 -1.08
Straits Times 2960 -0.71
ISEQ 20 501.48 -0.44
You are here: Home Moving to Getting Started German immigration and residency regulations
Enlarge font Decrease font Text size


13/09/2011German immigration and residency regulations

German immigration and residency regulations Moving to Germany? Our guide to obtaining a Germany residence permit or visa will set you on track.

To effectively communicate with the officer in the Ausländeramt you'll need to distinguish between residence permits and visas.  To clarify, a visa is a short-term permission to sojourn in Germany, while residence permit implies a stay for an indefinite period.

Residence permit

In 2005, the German government admitted that its immigration system was opaque and overly complex and omitted all previous variations. Now, you get an Aufenthaltserlaubnis that will clearly instruct whether or not you are allowed to work. A residence permit is limited in years and forbids you from working unless it expressly says so. Depending on the line of work you intend to do in Germany, you might be able to obtain permission from the labour office, which is known as the Bundesagentur für Arbeit. However, highly qualified workers (such as academics, IT specialists with an annual salary above EUR  66,000) can gain a Niederlassungserlaubnis from the start.

The situation is similar for self-employed entrepreneurs. The German government defines self-employed as someone who invests EUR 250,000 and creates five new jobs. Such businesses get permanent residency immediately and do not need any integration course.

Citizens of EU countries are spared the hassle of acquiring any type of residency permit because European law grants the freedom of movement inside the EU. When they register their residential address with the Bürgeramt their status will  be documented ‘ex officio'.  However, when the family member is from outside the EU, these persons still have to obey visa regulations.

German immigrationCitizens of the US, Australia, Canada, Israel, Japan, New Zealand and Switzerland can enter without a visa but must apply for their residency permit within three months - before their 'visa waiver' expires.

The aliens office, known as the Ausländerbehörde, is the agency you must deal with for all residency permits once you are in Germany. It's usually located in the local town hall. To find information such as opening hours and forms check the municipality's website (search for Ausländerbehörde).  (For instance, for Berlin it is www.berlin.de/labo/auslaender/dienstleistungen/).

You'll have to present one original application form in person at the aliens office and also provide your registration, or Meldeschein, with the Bürgeramt (also known as a polizeiliche Anmeldung), a rental agreement or purchase contract for your flat, proof of health insurance, one passport photo. Employees will further have to show an unsigned employment contract. . When applying for freelancing, you have to submit a business plan containing your CV, business idea, proof of funds, investment plan, profit and loss forecast for the next three years. It is a good idea to get professional help with the business because the federal state ministry of economy and the IHK will test your business plan on its probability. In other words, not just any aliens office civil servant but an economist in the highest state administrative office.

Generally a residency permit will cost around €250 or the local equivalent at the embassy or your German embassy or consulate - per person.  The foreign office will instruct on how much it costs.

Bringing family over

Germany's immigration laws allow you to bring over family members with eased visa conditions as long as they're connected to you. You will also have to show that you'll be able to support your spouse if they don't have work privileges.   Just as with other permits, you must apply before you arrive in Germany unless you're from the US, Australia, Canada, Israel, Japan, New Zealand or Switzerland. Family members will be given a permit in their own passport. Spouses of non-Germans do not automatically gain the right to work.. Their status is dependent on the earning spouse. When your spouse/ partner is not from the EU, they have to apply for an entry visa from abroad. Though your spouse has the right to enter, you could encounter problems with the embassy, for instance if you previously overstayed the period granted by your visa.

Student permits

Given Germany's intellectual history, isn't surprising that many foreigners want to study in the country and there are special visas for students. It's a good idea to apply for a Aufenthaltsgenehmigung für Studiumbefore you arrive, though citizens of the US, Andorra, Honduras, Monaco and San Marino can apply for one after they arrive. No student visa is required for citizens of EU countries.

You'll need to provide your local German consulate with proof of which school you'll be attending and for how long. In addition, you'll need to show the officials how you'll pay for your studies - either a bank account statement or a letter from your parents pledging to cover the costs. If you haven't yet decided where to study, you can apply for up to a nine-month permit as Studienbewerber that will allow you to hunt for the perfect college. You can also use this time for a so-called Studienkolleg, preparatory German classes.

A student permit gives you the right to work for 90 days a year to help finance your studies. Once you've completed your degree, you can stay and hunt for an adequate job for one more year.

It's also possible to gain a permit to attend language courses, though it will be limited to the length of the course (at most two years) and doesn't include any work rights.


Citizenship


If you like it in Germany and want to become a native this is possible. However, if you're not married to a German, you must have lived in the country for eight consecutive years and prove you can speak proficient German, typically via an integration course. You'll also have to have a clean criminal record and illustrate you and your family's financial independence from Germany's welfare system. Start your path to citizenship by applying at the Bürgeramt for the district in which you live. The application costs  EUR 255.

Germany frowns on multiple citizenship, and will require you to renounce your previous citizenship unless you can prove it will cause you or your family undue hardship. This doesn't include threats to your well-being but also financial hardships such as losing a hard-earned pension or inheritance rights. The financial hardship will have to be at least a five digit sum. This is decided on a case-by-case basis. Those married to a German for at least two years can apply for citizenship after three consecutive years in the country.

Nowadays, any child born in Germany with at least one German parent receives German citizenship regardless of whether the child also has a right to other passports. If both parents are foreigners, and have been living here for eight years, and have permanent residency or are Swiss, the child can receive (temporary) German citizenship. However, the child will have to decide whether to be German or not by his or her 23rd birthday.

Updated by Alexander Baron von Engelhardt, foreigner lawyer and legal journalist, from an original article by Explorer Publishing from the Berlin Complete Residents' Guides.

 

 Ask-the-expert

Ask Alexander Baron von Engelhardt your immigration and permit-related question via Expatia's Ask-the-expert section.

 

 



4 reactions to this article

anjingkampung posted: 2011-09-14 12:41:14

Any idea if Germany will recognize an unmarried partnership between an American and a German that is recognized in the Netherlands by way of a residence permit that has been approved?

pop posted: 2011-11-22 23:52:41

Gay.

Faizul hasan posted: 2011-12-29 16:45:36

It is very tough to get a E.U visa from a developing country. Is it possible to make the system easy for the citizen of developing countries who actually want to work hard? But I know it is impossible because developed countries don"t want to share anything with developing countries.

Twahir posted: 2012-02-03 13:27:08

Am a kenyan citizen but am now am in saudi arabia just work brought me here...i want to know if its able able for me to migrate there...i have no family there i just need to know the steps and if its possible for me...

4 reactions to this article

anjingkampung posted: 2011-09-14 12:41:14

Any idea if Germany will recognize an unmarried partnership between an American and a German that is recognized in the Netherlands by way of a residence permit that has been approved?

pop posted: 2011-11-22 23:52:41

Gay.

Faizul hasan posted: 2011-12-29 16:45:36

It is very tough to get a E.U visa from a developing country. Is it possible to make the system easy for the citizen of developing countries who actually want to work hard? But I know it is impossible because developed countries don"t want to share anything with developing countries.

Twahir posted: 2012-02-03 13:27:08

Am a kenyan citizen but am now am in saudi arabia just work brought me here...i want to know if its able able for me to migrate there...i have no family there i just need to know the steps and if its possible for me...

Looking for a job?

Browse all jobs
ask your question
Discussion Forums

Travel & Transport in Germany

visa usa

Discuss German Culture

Personality interview - the German style

Legal Problems in Germany

Serious "Health Care Insurance & Legal" Issue

Healthcare in Germany

Serious "Health Care Insurance" Issue

Jobs in Germany

IFAs / FSIs / Country Managers / Confidential Introducers

participate in the forums

Inside Expatica
The ABCs of the German school system

The ABCs of the German school system

What you need to know about German schools and daycare.

German immigration and residency regulations

German immigration and residency regulations

Want to move to Germany but haven’t figured out the details? Check out Expatica’s overview of the German permit system.

Driving in Berlin: Rules, habits and fines

Driving in Berlin: Rules, habits and fines

In part one of our two part series, we cover the driving culture in Berlin, where to park and buy gas and, most importantly, the laws.

Looking for work in Germany: The in depth version

Looking for work in Germany: The in depth version

Our comprehensive guide includes information on how to find work, recruitment agencies, employment contracts and labour law.