Definition and Fundamentals of Residence Law
Residence law encompasses all legal regulations concerning the entry, stay, settlement, and termination of residence of foreign individuals within the territory of a country. In Germany, residence law is primarily codified in the Residence Act (AufenthG), the Freedom of Movement Act/EU (FreizügG/EU), and other national and international regulations. It governs the conditions under which nationals of third countries as well as EU citizens may enter, stay, and integrate within the federal territory.
Legal Bases of Residence Law
Residence Act (AufenthG)
The Residence Act forms the central legal basis for residence law in Germany. It regulates the conditions for entry, residence, employment, settlement, and deportation of foreign nationals.
The main objectives of the Act are:
- Control and limitation of immigration,
- Fulfillment of humanitarian obligations,
- Promotion of integration,
- Consideration of economic and security policy interests.
Freedom of Movement Act/EU (FreizügG/EU)
The FreizügG/EU transposes the right to freedom of movement within the European Union into national law. It applies to nationals of an EU member state and their family members in order to ensure facilitated access to residence rights in the federal territory.
International Regulations
International agreements such as the Geneva Refugee Convention, the European Agreement on the Status of Migrant Workers, and the European Agreement on the Movement of Persons also influence the shaping of residence law.
Residence Title: Types and Requirements
Visa
The visa entitles the holder to enter and stay for a short period in the federal territory. Depending on the purpose, a distinction is made between a Schengen visa (short stays up to 90 days) and a national visa (longer-term stays).
Residence Permit
The residence permit is a temporary residence title granted for a specific purpose, such as study, employment, family reunification, or humanitarian stay.
EU Blue Card
The EU Blue Card is a special residence title to promote the immigration of highly qualified professionals from third countries. The prerequisites, in particular, are the completion of a higher education degree and a corresponding job offer.
Settlement Permit
The settlement permit is an unlimited residence title granted upon meeting certain legally defined requirements, such as prior residency periods, secured livelihood, and proof of integration.
EU Long-term Residence Permit
This is another unlimited residence title that further harmonizes provisions EU-wide for third-country nationals residing long-term and, under certain conditions, facilitates mobility within EU member states.
Requirements for Granting a Residence Title
The granting of the various residence titles regularly requires that
- a valid passport or passport substitute is available,
- livelihood is secured,
- there is no interest in expulsion against the person concerned,
- the purpose of residence is specified concretely and is plausible,
- depending on the type of residence title, additional requirements are met (e.g., proof of German language skills, employment contract, university degree).
Termination and Revocation of Residence Rights
Residence rights can be terminated by administrative or judicial measures. These include:
Expulsion
Expulsion occurs in the case of serious violations of the Residence Act or threats to public safety and order.
Withdrawal and Revocation
A residence title can be withdrawn or revoked, for example, if the grounds for issuance cease to exist or if false information was provided during the application process.
Deportation
Deportation is the forced enforcement of the obligation to leave the country, usually after refusal of further residence or the expiry of the residence title.
Termination Measures for EU Citizens
EU citizens generally enjoy freedom of movement; termination of residence is only possible under particularly severe circumstances.
Special Legal Areas within Residence Law
Humanitarian Residence Law
This includes residence permits granted for international, humanitarian, or political reasons, for example pursuant to § 25 AufenthG, for recognized refugees, persons entitled to subsidiary protection, or persons with deportation bans.
Residence for Education and Employment Purposes
Residence law provides different regulations for individuals coming to Germany for study, vocational training, or employment. The requirements and procedures vary depending on the purpose of stay.
Family Reunification
Residence law provides opportunities for family reunification, especially for spouses, minor children, and parents of minor children. The typical prerequisites are a secured livelihood and sufficient living space.
Procedural Flow in Residence Law
The decision on granting a residence title is usually made by the locally competent immigration authority. For entry, a German foreign mission is generally responsible.
Application Process
Applications must be submitted in person and with all required documents. Evidence of purpose of stay, secured livelihood, and, if applicable, language and professional qualifications is required.
Involvement of Other Authorities
In certain cases, other authorities are involved, such as the Federal Office for Migration and Refugees (BAMF), security agencies, or specialist integration offices.
Rights and Obligations under Residence Law
With the granting of a residence title, the person concerned acquires certain rights, e.g., the right to stay, employment, or access to social benefits. At the same time, obligations apply, such as registration and identity documentation requirements, duties of cooperation, and the obligation to secure one’s livelihood, unless otherwise provided for.
Legal Remedies and Judicial Protection
Decisions of the competent authorities can be challenged with legal remedies—particularly by objection or an action before the administrative court—within set time limits. Details are governed by the Administrative Procedure Act and the Administrative Court Procedure Code.
International Aspects and Integration under Residence Law
Residence law is influenced by international and EU legal requirements. Harmonization trends within the EU, human rights minimum standards, and international protection obligations play a decisive role. Integration of immigrants is a key concern, which is addressed in residence law through numerous integration-promoting measures (e.g., language courses, integration courses).
This entry offers a comprehensive and structured overview of all aspects of residence law, whose regulations are fundamental for immigration management, integration, and social participation in Germany.
Frequently Asked Questions
What is the difference between a residence permit and a settlement permit?
The residence permit and settlement permit are both key forms of residence titles under German residence law, but they differ significantly in their legal requirements and the rights associated with them. The residence permit is generally issued on a temporary basis and is tied to a specific purpose in accordance with § 7 Residence Act (AufenthG), such as study, vocational training, employment, family reasons, or humanitarian grounds. It does not confer a permanent right of residence and is typically valid for a period ranging from one to several years. After expiry, it can be extended under certain conditions. The settlement permit, on the other hand, constitutes an unlimited residence title as per § 9 AufenthG and is no longer purpose-bound. It is usually granted after several years of lawful residence in Germany and, among other things, requires proof of independent livelihood, sufficient knowledge of the German language, and basic knowledge of the legal and social order. Furthermore, for the settlement permit, proof of adequate living space and predominantly employment subject to social insurance is usually required. While the residence permit may involve certain restrictions on employment or change of residence, the settlement permit grants largely free residence rights, including unrestricted employment.
In what cases can a residence title be revoked or withdrawn?
A residence title can be revoked or withdrawn pursuant to §§ 52 et seq. and 48 of the Administrative Procedure Act (VwVfG) in conjunction with the Residence Act, with the grounds differing. Withdrawal (§ 48 VwVfG; § 48 AufenthG) typically refers to cases in which the residence title was issued from the outset based on false information, fraudulent deception, or other unlawful circumstances. Revocation (§ 52 AufenthG), on the other hand, concerns situations where the conditions for the residence title have changed significantly after lawful issuance or have retroactively proven to be unfounded. For example, revocation can occur if there are serious grounds of public safety and order—such as conviction for a serious criminal offense—or if the relevant conditions (such as securing livelihood or the purpose of stay) cease to exist. Revocation and withdrawal are administrative acts, which can be challenged by legal remedies; in certain cases, there is also a right to a hearing and to be provided with reasons for the measures by the authorities.
What rights and obligations are associated with a temporary suspension of deportation (“Duldung”)?
The Duldung, regulated in § 60a AufenthG, is not a residence title, but a temporary suspension of deportation. It is granted to individuals whose departure is impossible for legal or factual reasons, for example due to missing travel documents, health reasons, or a deportation stop. Very limited rights are associated with a Duldung: The tolerated person may generally only stay within the district of the competent immigration authority (residence obligation) and is significantly restricted in social benefits and employment—a work permit may be granted only under strictly defined conditions. A Duldung can be revoked or not extended at any time if the reason for tolerance ceases to exist or new circumstances arise. Persons with a Duldung are obligated to fulfill their duties of cooperation, especially in obtaining identification documents and clarifying their identity. Despite their limited legal status, they are for example protected from expulsion for the duration of the Duldung and are entitled to basic medical care.
What is a humanitarian residence title and when is it granted?
A humanitarian residence title is granted pursuant to §§ 22, 25 paras. 1-5 AufenthG in cases of special protection needs for political, international law, or humanitarian reasons. This includes, in particular, recognition as a refugee (under the Geneva Convention, § 25 para. 2 AufenthG), as a person entitled to subsidiary protection (§ 25 para. 2 sentence 1, variant 2 AufenthG), deportation bans under § 60 paras. 5 or 7 AufenthG, as well as hardship cases under § 22 AufenthG, for example for particularly vulnerable persons or family reunification for humanitarian reasons. Issuance generally follows the completion of a recognition procedure, especially by the Federal Office for Migration and Refugees (BAMF), and requires a detailed individual assessment. The residence permit on humanitarian grounds grants, in addition to residence protection, a right to access integration measures and, in part, the labor market. It is initially temporary, but can be extended or—if the grounds for protection persist—converted into a permanent residence title.
What special rules apply to foreign students?
Foreign students may obtain a temporary residence permit pursuant to § 16b AufenthG for the purpose of taking up and pursuing a course of study in Germany. This is limited in duration to the standard period of study for the respective course, as well as up to two additional years for preparatory studies. Students are subject to certain secondary employment rules: employment of up to 120 full days or 240 half days per calendar year is permitted; any employment or internships beyond this require express approval from the immigration authority. After successfully completing their studies, it is possible to extend the residence permit for up to 18 months to seek employment, provided that their livelihood is independently secured. Subsequently, it is also possible to transition to an employment-related residence title, for example as a qualified professional (§ 18a or § 18b AufenthG), under certain circumstances.
Under what conditions is family reunification permissible?
Family reunification is regulated in the Residence Act, particularly in §§ 27 to 36, and permits, under certain conditions, the bringing in of spouses, minor children, and, in exceptional cases, other family members to a third-country national or refugee living in Germany. Requirements generally include proof of sufficient living space, proof of secured livelihood—especially for third-country nationals—and, if applicable, existing statutory health insurance. For spouses, evidence of basic German language skills is required (§ 30 para. 1 no. 2 AufenthG), though certain groups, such as recognized refugees, may be exempt. Special provisions apply to family reunification with persons entitled to protection, for whom more lenient rules may apply. Family reunification is a distinct purpose of residence and generally requires a separate application process at the relevant German diplomatic mission.
What rights do holders of the EU Blue Card have?
The EU Blue Card, in accordance with § 18g AufenthG, is intended for highly qualified workers from non-EU countries who wish to take up employment in Germany. The prerequisites are a completed university degree or a recognized equivalent qualification and a specific employment contract with a certain minimum salary, which is adjusted annually and is significantly above the general salary threshold. Holders of the EU Blue Card enjoy extensive rights: they are initially permitted to stay in Germany on a temporary basis, are granted early access to permanent residence status (settlement permit after 21 or 27 months upon proof of language skills), may bring family members to join them, and benefit from further facilitations when changing jobs and when residing long-term in another EU country. Furthermore, the residence permits of accompanying family members are independent of securing their livelihood and proof of language proficiency.
