What is a declaration of commitment?
A declaration of commitment is a crucial document in residence law that plays a central role, especially when applying for visas for foreign guests. But what exactly does this mean for you and what legal principles must be observed when you submit a declaration of commitment?
Definition and legal basis of declarations of commitment
A declaration of commitment in accordance with Section 68 AufenthG is a formal assurance that you give to Foreigners' office in order to assume financial responsibility for the living expenses of a person who wishes to enter Germany.
This obligation extends over a period of five years and includes all costs incurred during the stay in Germany.
- Legal basis: §§ 66 to 68 Residence Act (AufenthG)
- Period of validity: Valid for a maximum of 5 years from the date of entry of the invited person.
- Documents required: employment contract, payslips for the last three months, certificate of health insurance cover, rental agreement or proof of home ownership, tax assessment notice, completed declaration of commitment form
A basic distinction is made between a long-term visa of several years (more than 90 days) and a short-stay visa. A short-stay visa means that your guest will stay in Germany for a period of 180 days to 90 days.
Purpose and significance in residence law
The purpose of issuing a declaration of commitment is to ensure that your guest's livelihood in Germany is secured without recourse to public funds. This is particularly important in order to meet the requirements for applying for a residence permit. However, Residence permit is not required for a mere visit!
The declaration makes a significant contribution to defining and guaranteeing the legal framework for the entry into and residence in Germany of foreign nationals.
By submitting the declaration of commitment, you not only show your willingness to assume responsibility, but also support the authorities in assessing the applicant's creditworthiness and reliability by providing financial support for your guest. This is an important step to ensure that you can be trusted to cover your guest's living expenses.
Requirements for submitting a declaration of commitment
If you would like to submit a declaration of commitment for the application for an invitation from a foreigner, there are some important requirements that you must meet.
These conditions are not only essential to make the declaration effective, but also to ensure that you can actually take responsibility for the invited person's living expenses. Below we explain the financial and housing requirements as well as the other necessary documents.
Financial requirements
Financial capacity is the most important aspect when submitting a formal obligation. The authorities want to ensure that you are able to cover your guest's living expenses without having to resort to public funds.
You must provide the following evidence:
- Certificate of employment: A current proof of your employment confirming that you have a regular income for the duration of the commitment.
- Pay slips: The last three payslips to prove your income situation. These serve as an indicator to the authorities that you are able to pay for the costs that are necessary for your guest.
- Alternative financing options: Alternatively, you can also choose a savings account in the amount of €2,500 (varies depending on the authority), which is released again when the guest leaves the country or Example: Declaration of commitment for students. Here you can open a blocked account or a savings book in the amount of €11,904.00 with a monthly disposal of €992.
- Proof of health insurance cover: A certificate confirming that your guest has adequate health insurance cover. This cover is important to ensure that you are covered for medical treatment in the event of illness.
Housing situation
In addition to financial stability, your housing situation also plays a key role. You must prove that you have sufficient living space to accommodate the invited person appropriately and to be able to invite your visitor.
This is evidenced by the following documents:
- Tenancy agreement: If you are a tenant, you will need a copy of your current tenancy agreement. This should describe the size and type of apartment to ensure that there is enough space.
- Proof of ownership: If you are the owner of the property, you should provide proof of ownership. This can be an extract from the land register or a title deed, for example.
Other necessary documents
In addition to the financial and housing requirements, further documents are required to successfully submit a declaration of commitment. These include:
- Proof of identity: A valid passport or identity card to confirm your identity.
- Proof of creditworthiness: If necessary, a Schufa report or other proof of your creditworthiness to dispel any doubts about your financial reliability.
- Declaration of commitment form: The official form that you must submit to the responsible Foreigners' office .
Procedure for submitting a declaration of commitment
Submitting a declaration of commitment is a formal process that requires a number of steps. To ensure that everything runs smoothly, it is important to be well prepared and know the necessary steps. Below you can find out how to prepare yourself optimally, make an appointment at Foreigners' office and go through the actual process.
Preparation and compilation of documents
Careful preparation is the key to successfully submitting your declaration of commitment. Before you make an appointment at Foreigners' office , you should ensure that you have compiled all the necessary documents completely and correctly.
The documents include:
- Certificate of employment: A current document from your employer confirming your employment.
- Pay slips: The last three payslips proving your financial stability.
- Alternative savings book: As an alternative, you can present the savings book and other alternatives.
- Proof of health insurance cover: A certificate stating that the guest to be invited is adequately insured.
- Rental agreement or proof of ownership: Depending on your living situation, you should have either your rental agreement or proof of ownership ready.
- Proof of creditworthiness (optional): A Schufa extract or similar, if required by the authorities.
It is advisable to bring copies and originals of all documents with you so that any queries can be clarified immediately.
Make an appointment with the Foreigners' office
Once you have prepared all the documents, the next step is to make an appointment with the responsible Foreigners' office. In many cities, this can be done online via a service portal or by telephone. As waiting times can often be long, it is advisable to make an appointment well in advance.
Here are some tips for making an appointment:
- Online appointment booking: Many immigration authorities offer the option of booking appointments online. This is often the quickest and most convenient way.
- Making an appointment by telephone: Alternatively, you can make an appointment by telephone, especially if you have specific questions.
- Early planning: Bear in mind that it may take some time to process your declaration of commitment. You should therefore make an appointment as early as possible.
Step-by-step process with the authority
On the day of the appointment, you should bring all the prepared documents with you and allow sufficient time.
The procedure at the authority is usually as follows:
Step 1: Document check: You arrive at the authority with the complete documents for your personal interview. An employee of Foreigners' office will check all submitted documents for completeness and accuracy.
Step 2: Signature and submission: You will be asked to sign the declaration of commitment on site. This signature confirms your commitment to cover the living costs of the guest you wish to invite.
Step 3: Payment of fees: You must then pay the fees due for processing.
Step 4: Receipt and confirmation: After successful submission, you will receive a receipt and an original of the declaration of commitment. You must send the original to your guest. The copy remains with Foreigners' office.
Step 5: Forwarding to the German embassy or consulate in the guest's home country: Once the formal obligation has been successfully received and checked, a certificate is forwarded to the German embassy or cons ulate in your guest's home country. In some cases, a photo of the declaration of commitment is sufficient, in others the original is required. The original should therefore be sent to your guest.
Duration and processing time
The processing time for your formal obligation may vary depending on the complexity of the case. In the case of simple invitations, such as a visit, you will receive the declaration of commitment immediately! For complex cases, however, you can expect a processing time of several weeks.
Here are a few points about the processing time:
- Standard processing time: In most cases, the processing time is around 2 to 4 weeks.
- Urgent processing: If your case is particularly urgent, you can apply for urgent processing in some cases. However, this is only possible in exceptional cases and is often associated with additional costs.
- Follow-up: If you have not received any feedback after the processing time has expired, you can call or e-mail the authority to enquire about the status of your declaration of commitment.
ATTENTION!!! A declaration of commitment is recognized by the German diplomatic missions abroad as proof of financing for up to 6 months. You must have this 6-month requirement in mind to avoid the declaration being invalid!
Costs of a declaration of commitment
Submitting a declaration of commitment is not only associated with formal requirements, but also with costs. It is important that you find out about the possible financial costs in advance to avoid any surprises. Below you will find an overview of the applicable fees and possible additional costs that you may incur.
Fees for the Foreigners' office
The basic fee for submitting a declaration of commitment is 29 euros. This fee covers the processing of your application and the examination of the documents submitted. This fee is usually payable directly to the authority, either in cash or by EC card.
Other possible costs (e.g., notarizations, translations)
In addition to the fees at Foreigners' office , additional costs may be incurred depending on which documents you have to submit and in what form they are available.
Here are some typical additional costs:
- Notarizations: If you submit copies of original documents, these must usually be certified. The costs for a certification vary, but are usually between €5.00 and €10.00 per document.
- Translations: If your documents are in a foreign language, you will need a certified translation into German. The costs for translations depend on the scope and complexity of the documents, but are often between €20.00 and €50.00 per page.
We have attached a table of the additional costs for you:
Additional costs | Price (approximate) |
|---|---|
Notarization | 5,00 € - 10,00 € per document |
Translation | 20,00 € - 50,00 € per page |
Risks and liability with the declaration of commitment
Submitting a declaration of commitment is a responsible step that comes with considerable legal and financial obligations. It is therefore important to fully understand the potential risks and associated liability before you decide to take this step. In this section, we highlight the most important aspects to keep in mind.
Duration of liability and financial obligations
If you submit a declaration of commitment, you assume full financial responsibility for the living expenses of the invited person. This obligation applies for a period of five years, starting from the time your guest enters Germany.
During this time, you are obliged to bear all costs incurred for the living expenses, accommodation and medical care of your guest.
This financial liability includes:
- Accommodation costs: Rent or accommodation costs if the guest does not live with you.
- Cost of living: food, clothing and other daily expenses.
- Health insurance and medical care: All costs arising from visits to the doctor, hospitalization or medication.
- Other necessary expenses: This may include school or training costs, depending on the situation.
If your guest has to make use of public funds during this time, you are obliged to reimburse these costs in full. It is therefore crucial that you realistically assess your financial situation before you submit a formal obligation.
Risks due to lack of creditworthiness
An important factor when submitting a declaration of commitment is your creditworthiness. The Foreigners' office checks exactly whether you are in a position to meet the financial obligations.
If there are doubts about your creditworthiness, this may not only lead to the rejection of the declaration of commitment, but may also have legal consequences if you are later unable to pay the costs incurred.
- Rejection of the formal obligation: If your credit rating is not sufficient, the formal obligation may not be recognized, which may prevent your guest from entering the country.
- Legal consequences: If you become insolvent during the period of validity of the declaration of commitment, this can lead to considerable legal consequences, including seizures or other enforcement measures.
To minimize these risks, it is advisable to carry out a credit check in advance and ensure that you have sufficient financial resources.
Effects on future visa and residence applications
Submitting a declaration of commitment can also have long-term effects on future visa and residence applications, both for you and for your guest.
If you do not fulfill your obligations under the declaration, this may affect your credibility and reliability both in future contacts with the authorities and when applying for further visas or Residence permit .
- Impairment of credibility: Completed or unfulfilled declarations of commitment may be taken into account in future applications and affect your credibility with the authorities.
- Influence on future residence permits: Should your guest reapply for a visa or residence permit, an unfulfilled declaration of commitment from the past could be considered a negative factor.
Conclusion on the declaration of commitment
As you can see from our guide, the declaration of commitment is an extensive topic. Here we have summarized the most important points for you and listed important recommendations
Summary of the most important points
- Responsibility: You assume financial responsibility for the living expenses and care of your guest for up to five years.
- Required supporting documents: Make sure you submit all necessary documents such as employment certificate, payslips and proof of residence in full.
- Costs: In addition to the basic fees, plan for possible additional costs for notarizations and translations.
- Risks: Inadequate creditworthiness or failure to fulfill the obligation can have long-term legal consequences.
Recommendations for the secure submission of a declaration of commitment
- Careful preparation: Gather all the necessary documents and check your financial situation carefully.
- Make an appointment in good time: Plan your appointment with Foreigners' office well in advance to avoid delays.
- Clear communication: Discuss the declaration of commitment and its implications in detail with your guest to avoid misunderstandings.
- Professional advice: If you are unsure, consult a lawyer or expert to avoid legal pitfalls.
FAQ - The most frequently asked questions on the subject of declarations of commitment
A declaration of commitment is a document in which you undertake to cover the living costs of a foreign person during their stay in Germany.
Your income must be sufficient to cover your own living expenses as well as those of the invited person. This is checked individually by Foreigners' office , often a net income of at least 1,500 to 2,000 euros per month is expected.
The cost is 29 euros. Additional costs may be incurred for notarizations and translations.
In most cases, the declaration of commitment must be submitted in person at the responsible Foreigners' office . Online applications are currently rarely possible.
The letter of guarantee is generally valid for five years from the date of entry of the guest. From the date of issue, the letter of guarantee is valid for 6 months as proof of financing at the immigration authorities and foreign missions.
Normally, for simple visits and invitations, you will be handed the declaration of commitment at the appointment and there is no waiting time. The processing time for complex cases is usually 2 to 4 weeks, but can vary depending on the authority.
An invitation is an informal document that allows someone to travel to Germany. The declaration of commitment, on the other hand, is a formal obligation to provide for the person's living expenses.
Yes, a declaration of commitment is legally binding and obliges you to pay for the living expenses of the person invited.
