What does § 95 AufenthG regulate?
§ Section 95 of the Residence Act (AufenthG) specifies which actions in connection with the right of residence in Germany are punishable and what consequences are threatened. This paragraph is particularly relevant for foreigners who reside in Germany and for persons who support them in this regard.
Let us take a closer look at what Section 95 AufenthG contains and which regulations apply here. It is important to understand both the basics and the purpose of this section.
Overview of the legal basis of § 95 AufenthG
§ Section 95 AufenthG regulates the criminal provisions that can be applied in the event of violations of the right of residence. These violations include
- Staying in Germany without a valid passport or Residence permit
- False information about identity, age or nationality
- Unauthorized entry or non-compliance with reporting obligations
For these offenses, the law provides for both fines and prison sentences, depending on the severity of the offense. Particularly serious offenses can be punished with up to three years' imprisonment. It is therefore crucial to know and comply with the legal requirements in order to avoid legal consequences.
Objective and scope of application of Section 95 AufenthG
The main objective of Section 95 of the Residence Act is to ensure order and security in the area of residence law and the employment and integration of foreigners in Germany.
The paragraph ensures that persons without a valid Residence permit or passport do not receive any legal advantages and that false statements concerning residence status are consistently punished.
§ Section 95 of the Residence Act is not only aimed at the foreigners concerned, but also at persons or organizations that support them. This regulation is intended to prevent manipulation and circumvention of the right of residence.
Penalties and consequences according to § 95 AufenthG
The penalties associated with violations of Section 95 AufenthG can have a significant impact on your life in Germany.
The Residence Act distinguishes between general violations and more serious offenses. These can include both fines and prison sentences. Let's look at the details together to understand how serious the consequences can be.
Fines and prison sentences
Violations of Section 95 AufenthG are punishable by severe penalties. The amount or duration of the penalty depends on the severity of the violation.
At a glance:
- Fine: Often the consequence for less serious offenses, such as not having a valid passport.
- Imprisonment:
Up to one year's imprisonment for general offenses under section 95(1).
Up to three years' imprisonment for serious offenses pursuant to Section 95 (2).
It is important to understand that the main purpose of these penalties is to protect the legal system and ensure compliance with registration and residence obligations. If you are affected, you need to act quickly to clarify the situation.
Various violations according to § 95 AufenthG
§ Section 95 (1) numbers 1-8 AufenthG: General violations
General violations of the residence regulations are punished in accordance with Section 95 (1) of the Residence Act, including
- Residence without a valid passport(Section 3 (1) AufenthG in conjunction with Section 48 (2) AufenthG).
- Stay without required Residence permit
when:
- you are obliged to leave the country(§ 4 AufenthG).
- Your departure deadline has expired or no departure deadline has been granted.
- An unauthorized entry pursuant to Section 14 (1) No. 1 or 2 AufenthG has been registered with you.
- you have made false statements about your identity or nationality (i.e. you have used a false document to deceive legal relations)(Section 49 (2) AufenthG).
- If you act contrary to Section 56 (1) sentence 2, (3) or (4) AufenthG and thus violate the deportation order pursuant to Section 58 AufenthG (weekly notification due to an interest in deportation pursuant to Section 54 (1) numbers 2 to 5 AufenthG). At the same time, you do not have an interest in remaining in Germany in accordance with Section 55 (1), (2) or (3) AufenthG or a temporary suspension of deportation in accordance with Section 60a AufenthG.
This can result in either a fine or a prison sentence of up to one year.
§ Section 95 1a AufenthG: Anyone who violates Section 404 (2) No. 4 of the Third Book of the German Social Code or commits an act described in Section 98 (3) No. 1 AufenthG and ignores instructions and cooperation at Clarification of identity and does not do everything possible to obtain a recognized and valid passport or passport substitute contrary to Section 60b (2) sentence 1 AufenthG is also punished under Section 95 1a AufenthG.
This applies if you only have a Schengen visa in accordance with Section 6 (1) no. 1 AufenthG as Residence permit .
§ Section 95 (2) Residence Act: Serious violations and their sanctions
Serious cases are regulated in Section 95 (2) AufenthG and can include the following situations:
- Repeated unauthorized entry despite an entry ban and thus unauthorized stay in the federal territory(Section 11 (1) AufenthG). This may also result in a refusal of entry in accordance with Section 15 AufenthG.
- Intentional misrepresentation in order to obtain a Residence permit or Tolerance permit (§ 95 para. 2 no. 2).
- Failure to comply with a court restriction concerning the place of residence(Section 56a (1) sentence 1 AufenthG).
Section 78 AufenthG applies with regard to the security of your data. This states which data the authorities can request from you and how this data is secured.
Attempts and aiding and abetting and criminal liability
- Attempt punishable: Even an attempt to commit certain offenses, such as unauthorized entry, is punishable under Section 95 (3).
- False Residence permit: The use of a residence permit obtained by deception by providing false information is also treated in the same way under Section 95 (6) (for example, you have kept your identity secret from the authorities).
- Violation of Section 96 AufenthG or Section 97 AufenthG: Violation of Section 96 (1) and (2) AufenthG and assistance in the illegal entry of foreigners is also punishable under Section 95 AufenthG. A penalty for smuggling in foreigners resulting in death under Section 97 AufenthG is also a criminal offense under Section 95 AufenthG.
Statute of limitations for penalties under Section 95 AufenthG
The statute of limitations for violations of penalties under sections 95 (1) and (2) of the Residence Act is an important point that you should be aware of. It determines how long a criminal offense can be punished. The limitation periods depend on the type of offense:
Violations under 95 (1):
General violations, such as residence without a valid passport or Residence permit, generally expire after three years.Serious offenses under 95 (2):
Criminal offenses such as repeated unauthorized entries or deception with residence permits become time-barred after five years, as they are classified as more serious.
The limitation period begins from the date on which the infringement was committed. However, it can be interrupted, for example by official or judicial measures. If you believe that an infringement is already time-barred, it is advisable to consult a lawyer to avoid any misunderstandings.
Obligations and measures to prevent violations
In order to avoid problems in connection with Section 95 AufenthG, it is crucial to know exactly what the legal obligations are and to comply with them. Violations can often result from incomplete documents or missing notifications. It therefore makes sense to understand the most important requirements of the Residence Act and to act in good time.
Valid documents and proofs
A central component of the regulations according to § 95 AufenthG is the existence of valid and complete documents.
The most important of these include:
Passport or passport substitute:
According to Section 3 (1) AufenthG, every foreigner is obliged to carry a valid passport or passport substitute.
Tip: Check the validity of your passport regularly and apply for an extension in good time.
Residence permit:
According to Section 4 (1) sentence 1 AufenthG, you may only stay in Germany with a valid Residence permit .
These include, among others:
- residence permit.
- Settlement permit.
- Tolerance permitif certain conditions are met.
- Schengen visas for short-term stays.
- Proof of identity and nationality:
According to Section 49 (2) AufenthG, you are obliged to provide complete and correct information on your identity, age and nationality. False information can have serious consequences.
Tip: Keep all relevant documents in a safe place and have them to hand when needed.
Compliance with reporting obligations
Another key aspect of the Residence Act is compliance with reporting obligations. These are essential to ensure your legal security in Germany. Important obligations include:
Obligation to report a change of residence:
In accordance with Section 56 (1) AufenthG, foreign nationals who are obliged to leave the country must notify the responsible Foreigners' office authority of any changes to their place of residence in good time. Section 5 AufenthG applies to all other foreigners (paragraph 1 number 1).
Deadline: Usually within two weeks of the move.
Notification of changes in personal status:
Changes such as marriage, the birth of a child or changes in employment must also be reported if they affect your Residence permit .Attendance at appointments:
Do not miss any appointments at Foreigners' office, as this may be considered a breach of duty.
How you can prevent violations
- Carry out a "document check" regularly to ensure that all papers are up to date and valid.
- Keep your address and contact details up to date at Foreigners' office .
- If you are unsure, make use of professional support, e.g. from lawyers or advice centers.
Frequent violations of Section 95 AufenthG
Violations of the Residence Act often happen unknowingly, but can have serious consequences. § Section 95 AufenthG covers a large number of breaches of the law that you should be aware of in order to avoid penalties. Below we present the most common offenses and explain how you can avoid them.
Stay without a valid passport or Residence permit
A frequent violation of Section 95 AufenthG is the lack of a valid passport or residence permit. The relevant regulations can be found in Section 3 (1) and Section 4 (1) sentence 1 AufenthG.
Typical scenarios:
- The passport has expired and was not renewed in time.
- No Residence permit available, although it is required for residence in Germany.
- Residence permit has expired because no timely extension was applied for.
Possible consequences:
- Fines or prison sentences of up to one year in accordance with Section 95 (1) Nos. 1 and 2 AufenthG.
- Registration of entry bans for the future.
What you can do:
- Check the validity of your passport and residence permit regularly.
- Submit renewal applications in good time - preferably several weeks before expiry.
False statements and their consequences
False information on identity, age or nationality is also a common violation, which is regulated in Section 49 (2) AufenthG. You should avoid such mistakes at all costs, as they can have serious consequences.
Examples of misstatements:
- Use of a false name or date of birth.
- Concealing relevant information that could influence the issuing of the residence permit.
Consequences:
- Prison sentence of up to three years in accordance with Section 95 (2) No. 2 AufenthG.
- Invalidity of the residence permit and the associated obligation to leave the country.
Unauthorized entry and violations of reporting obligations
Unauthorized entry into Germany or failure to comply with reporting obligations are other common violations regulated in Section 14 (1) and Section 56 (1) AufenthG.
Unauthorized entry:
- Entry without a valid visa or Residence permit.
- Use of false documents to deceive border controls (for example, if you obtain false documents).
Violations of reporting obligations:
- Failure to report a change of residence to the competent authority.
- Failure to notify a change in personal circumstances, such as marriage or change of employment.
Possible penalties:
- Prison sentence of up to one year or fine for unauthorized entry pursuant to Section 95 (1) No. 3 AufenthG.
- Additional administrative penalties for non-compliance with the reporting obligation.
How you can prevent it:
- Plan your entry well and check the requirements for visas or Residence permit in advance.
- Report any changes in your place of residence or status to the competent authority immediately.
Practical advice for those affected
If you are affected by the Residence Act or are unsure whether you meet all the legal requirements, it is important to take a proactive approach. By taking the right steps, you can avoid legal problems and clarify your situation. Here you will find practical tips and resources to help you live safely and legally in Germany.
How you can avoid legal problems
The best way to avoid legal consequences is to comply with all obligations and be well prepared.
Pay particular attention to the following points:
Regular document review:
- Check the validity of your passport, residence permit and all other relevant documents.
- Apply for extensions in good time to avoid bottlenecks.
Transparency of information:
- Make sure that all information in applications and when dealing with authorities is correct and complete.
- False information or incomplete documents can lead to serious consequences (Section 49 (2) AufenthG).
Timely communication:
- Inform the relevant authorities immediately of any changes, such as a move, marriage or change in professional status.
- Do not miss any dates or deadlines for official notifications (Section 56 (1) AufenthG).
When and how you should seek legal advice
In many cases, legal advice can prevent misunderstandings and problems at an early stage. You should consider seeking advice if:
There is uncertainty about your obligations:
- For example, when applying for a residence permit or when changing your residence permit.
you are affected by an infringement:
- If you receive mail from Foreigners' office or suspect that you have violated a regulation under § 95 AufenthG.
Your situation is complex:
- For example, in the case of special reasons for residence, such as Tolerance permit or family reunification, where the regulations are often confusing.
How to get advice:
- Specialized lawyers: Lawyers for Immigration law can provide you with competent support and protect your rights.
- Counseling centers: Many non-profit organizations offer free initial consultations or assistance.
Relevant resources and support
Important contact points:
- Foreigners' officeYour first point of contact for questions and applications regarding residence law .
- Non-profit organizations: Support you with advice and assistance in complicated cases.
Article, Blog and citations of § 95 AufenthG:
- Find out directly about the contents of § 95 AufenthG
Important key points and effect of Section 95 AufenthG
The Residence Act, in particular Section 95 of the Residence Act, plays a central role in ensuring orderly and legally secure coexistence in Germany. It not only protects order, but also provides clear guidelines for foreigners and authorities.
Here we summarize the most important key points for you and emphasize the importance of § 95 AufenthG for cohabitation.
Importance of regulations for a regulated coexistence
The provisions of Section 95 AufenthG ensure that the rights and obligations of all parties involved are clearly defined. They create a basis for:
- Security: Clear rules protect against abuse of the right of residence.
- Legal clarity: You know exactly which obligations you have to fulfill in order to avoid legal consequences.
- Fairness: The law enables consistent and at the same time fair handling for all those affected.
Summary of the key points of Section 95 AufenthG
- Key violations: Staying without valid documents, providing false information and unauthorized entry or aiding and abetting illegal entry can result in severe penalties. Failure to comply with orders from authorities such as those in paragraph 3 of Section 98 AufenthG.
- Penalties: Depending on the severity of the offense, fines or prison sentences of up to three years may be imposed.
- Prevention: Regular document checks, timely reporting and the use of legal advice help to avoid violations
FAQ - The most important questions about § 95 AufenthG
Section 95 of the Residence Act regulates the criminal provisions of the Residence Act. It specifies which actions in connection with the right of residence are punishable, such as residence without a valid title, unauthorized entry or false statements.
Yes, illegal residence in Germany, e.g. without a valid passport or Residence permit, is considered a criminal offense under Section 95 (1) AufenthG. The penalties range from fines to prison sentences.
The penalties depend on the severity of the offense:
- General offenses (§ 95 para. 1): Fines or imprisonment for up to one year.
- Serious offenses (§ 95 para. 2): Prison sentences of up to three years.
- Always carry valid documents with you (passport and Residence permit).
- Notify the authorities in good time of any changes such as a change of residence.
- Seek legal advice if you are unsure.
A violation exists if you act against the legal requirements of the Residence Act, e.g:
- Residence without a valid passport (Section 3 (1) AufenthG).
- False information on identity or nationality (Section 49 (2) AufenthG).
- Unauthorized entry (Section 14 (1) AufenthG).
Visa fraud means that a Residence permit or visa was obtained through false information, deception or manipulation. Such acts are prosecuted under § 95 Para. 2 No. 2 AufenthG.
No, the statute of limitations is not a penalty, but a legal regulation that states that violations can no longer be punished after a certain period of time. The limitation period is usually three to five years, depending on the severity of the offense.
