Definition and significance of immigration law
Das Immigration law regulates all legal provisions concerning the residence and legal status of foreign individuals in a specific national territory. It encompasses the entirety of national and international regulations that govern the entry, residence, employment, integration, change of residence status, as well as termination of residence (in particular deportation, departure, and return) of foreign individuals. Immigration law is an independent field of public law and is closely related to aliens law, asylum law, and residence law.
Legal sources of immigration law
National legal sources
Immigration law is codified in various statutes and regulations. In Germany, these include in particular the Residence Act (AufenthG), the Asylum Act (AsylG), the Freedom of Movement Act/EU and the Nationality Act (StAG). In addition, the Employment Regulation and the Integration Act also contain relevant provisions.
Important national laws and regulations:
- Residence Act (AufenthG): Central provision for entry, residence and employment of foreigners.
- Asylum Act (AsylG): Regulates the procedure for recognition of persons entitled to asylum.
- Freedom of Movement Act/EU: Covers EU citizens and their family members within the scope of the right of free movement.
- Nationality Act (StAG): Sets the requirements for acquisition and loss of German nationality.
- Employment Regulation: Determines the access requirements to the labor market.
In addition, there are numerous further provisions in administrative guidelines, state laws, and administrative practice.
International and supranational legal sources
Immigration law is significantly influenced by international law and European law.
- European Union (EU): Directives and regulations, for example regarding refugee reception, labor migration, and visa policy (e.g., Dublin III Regulation, Schengen Acquis, EU Reception Directive).
- European Convention on Human Rights (ECHR): Protects the fundamental rights of foreigners, particularly as a minimum standard for expulsion and deportation.
- UN Conventions: In particular, the Geneva Refugee Convention, International Covenants on Civil and Political Rights.
- Other bilateral and multilateral treaties: Agreements on visa issuance, readmission agreements, etc.
Scope of application and regulatory content of immigration law
Residence titles and residence permits
The central element of immigration law is the regulation of residence titles. Without a corresponding title, residence is generally not permitted, except in special cases (such as short-term visa-free stays).
Types of residence titles:
- Visa
- Residence permit
- EU Blue Card
- Settlement permit
- Permanent residence permit-EU
- Permit for permanent residence for third-country nationals
Each of these titles is subject to specific requirements and rights.
Entry and issuance of visas
Entry from third countries generally requires a visa. Immigration law regulates the conditions under which a visa is to be issued, including proof of the purpose of stay, secured livelihood, health insurance, and the passport requirement.
Employment and labor migration
The exercise of gainful employment by foreigners requires the approval of the competent authorities and the Federal Employment Agency. There are special regulations for qualified professionals, students, self-employed persons, seasonal workers, or highly qualified persons.
Integration measures
Immigration law contains provisions to promote the social integration of migrants, such as participation in integration courses, language acquisition, and vocational qualification.
Asylum and refugee law
The asylum procedure is an independent sub-area, but is closely linked to immigration law. The requirements for international protection, grounds for recognition and rejection, as well as the procedure for seeking asylum, are regulated in detail.
Termination of residence: expulsion, deportation, removal
Immigration law contains provisions on the termination of residence, in particular:
- Expulsion: Order to leave the country in case of serious violations of the legal order or on security grounds.
- Deportation: Compulsory enforcement of departure.
- Removal: Return at the border if there is no entry entitlement.
Special protection mechanisms apply, such as a ban on deportation for vulnerable groups or in cases of imminent human rights violations.
Personal and material protection mechanisms
Right to a hearing and legal protection
Judicial remedies are available against measures such as the refusal of residence titles, expulsion, or deportation. Affected persons can have the legality of the measure reviewed by administrative courts.
Protection of special groups
Special rules apply to vulnerable groups such as minors, family members of German nationals, long-term residents, recognized refugees, beneficiaries of subsidiary protection, and persons with disabilities.
Social and participation rights
Immigration law also covers access to social benefits, health care, education, and housing. These rights may vary depending on status and residence rights.
Relationship with other areas of law
Immigration law overlaps with various other areas of law, particularly nationality law, labor law, private international law, criminal law (especially in cases of unauthorized entry and residence), and administrative law (administrative procedures, legal remedies).
Historical development and current trends
Immigration law is subject to ongoing change, influenced by social, political, and economic developments. In recent decades, a growing legalization, differentiation, and Europeanization have been observed. Current trends can be seen particularly in the digitization of administrative procedures, increased control of migration through EU-level cooperation, and expanded integration measures.
Literature, case law, and further information
Statutory texts
- <a href="https://www.gesetze-im-internet.de/aufenthg2004/”>Residence Act (AufenthG)
- <a href="https://www.gesetze-im-internet.de/asylvfg1992/”>Asylum Act (AsylG)
- Nationality Act (StAG)
- EU directives and regulations
Further information
- Federal Office for Migration and Refugees (BAMF)
- German Bundestag – Theme page: Asylum and Refugee Protection
This article provides a comprehensive overview of immigration law, its legal foundations, areas of application, protection mechanisms, and international references. Immigration law thus represents a central area of regulation for dealing with foreign persons within a given national territory and serves as a cornerstone of national migration policy and integration management.
Frequently Asked Questions
What requirements must be met for the issuance of a residence title?
For the issuance of a residence title under immigration law, numerous formal and substantive requirements must be fulfilled. The law generally requires a valid passport or passport substitute, a secured livelihood without claims to social welfare benefits, adequate health insurance coverage, and—depending on the purpose of stay—evidence of specific requirements, such as employment, education, or family ties. Furthermore, there must be no expulsion or entry bans, and integration-related requirements, such as proof of German language skills, may have to be met. Additionally, reliability checks are carried out on a case-by-case basis, taking into account any criminal convictions. The competent authority assesses the fulfillment of all requirements within a formal procedure, which runs within legal time limits and with observance of the right to be heard.
How is the extension of an existing residence title carried out?
The extension of a residence title must be applied for in good time before the expiry of its validity, and the same requirements as for the initial issuance must be demonstrated again. The application should generally be submitted to the authority responsible for the place of residence. As a rule, it is required that the conditions remain continuously met throughout the entire period of stay, particularly with regard to livelihood, health insurance, and the continued existence of the purpose of stay. Supplementary documents such as rental agreements, pay slips, as well as current proofs of insurance and registered address may be required. The authority again reviews relevant integration aspects and checks whether any criminal offenses or other grounds for exclusion have occurred in the meantime. If the application is submitted only after the deadline, the right of residence may be lost or a return to the country of origin may become necessary, depending on the circumstances.
Under what circumstances can a residence title be revoked or withdrawn?
A residence title may be revoked or withdrawn according to the provisions of immigration law, once the requirements for its issuance are no longer met. This is particularly relevant in cases where the purpose of stay no longer exists, for example in the case of divorce where the residence title was granted for family reasons or upon termination of employment for an employment-specific residence title. Other grounds for withdrawal include obtaining a residence title by deception, false statements or document forgery, as well as serious violations of public order and safety such as repeated criminal offenses. The competent authority decides on revocation in compliance with the principle of proportionality and, where applicable, after hearing the affected person. Legal remedies against such decisions are generally permitted.
What rights and obligations do holders of a temporary residence title have?
Holders of a temporary residence title are bound to the purpose of stay specified in the title as well as to local and subject-matter restrictions. As a rule, employment is only permitted if it is expressly allowed in the residence title; otherwise, only residence without access to the labor market is guaranteed. Key obligations include timely application for extension and the notification of changes which may affect the residence status, such as change of residence, change of marital status, or employment. Breach of these obligations may lead to refusal of extension or the initiation of measures terminating residence. Participation in specified integration-promoting measures is mandatory if stipulated in the residence title.
How does the asylum procedure differ from the regular residence procedure?
The asylum procedure is an independent, specialized procedure that serves exclusively to protect persons who cannot return to their home country due to persecution under the Geneva Refugee Convention, torture, inhumane treatment or threat as a result of conflict. In contrast to regular residence procedures, which are based on statutory residence titles such as residence permit, settlement permit, or EU Blue Card and are granted at discretion or as a right, the asylum procedure is solely governed by international protection provisions. While for regular residence, evidence of the respective purpose (e.g., work, family, study) must be provided, in the asylum procedure, establishing a credible individual risk situation is paramount. Furthermore, the authorities responsible, legal remedies, and the suspensive effect of legal remedies are structured differently.
What is the significance of the entry and residence ban in immigration law?
An entry and residence ban, also known as a return decision, results in a person being prohibited from entering and residing in the federal territory for a specific period. The reasons for such a ban are regularly violations of immigration law provisions, such as unauthorized entry, visa-free stay beyond the permitted period, or threat scenarios (e.g., serious criminality). Such an order is issued by formal decision and is typically accompanied by a time limit, the length of which is determined by the severity and nature of the violation. An entry ban may also have effect within the European framework, so that re-entry is excluded also to other Schengen countries; however, in practice, exceptions are possible if a particular public or personal interest is demonstrated.
What should be considered for family reunification?
Family reunification with a domestic resident entitled to reside is subject to strict legal requirements. Special attention must be paid to the provisions regarding the status of the reference person (e.g., recognized refugee, third-country national with settlement permit or residence permit), existence of secured accommodation, as well as ensuring livelihood for all family members. For certain categories, especially to protect the unity of the core family in the case of recognized refugees, the law provides exceptions to the general requirements. Otherwise, proof of the family relationship must be submitted (e.g., marriage certificate, birth certificates), as well as, if applicable, proof of basic German language skills and, where applicable, integration into the existing social environment. Applications must generally be submitted in the country of origin at the German foreign mission, which then forwards them to the competent immigration authority. Appeals against negative decisions are possible.
