This is regulated by § 4 AufenthG
§ Section 4 of the Residence Act (AufenthG) is of crucial importance for all those who wish to enter and reside in Germany. It stipulates that foreign nationals generally require a Residence permit in order to live and work legally in Germany. This paragraph therefore forms the basis for the legal situation of migrants and skilled workers from abroad.
In the following, we explain what exactly a Residence permit means and the different types of residence permits that can be issued in accordance with Section 4 of the Residence Act (AufenthG ).
Importance of the residence permit for foreigners
A Residence permit is an official document that gives foreigners the right to live in Germany. Without this document, residence is generally not permitted unless there are special exceptions, such as under European Union law. The Residence permit not only regulates the residence itself, but often also whether and to what extent the holder may pursue gainful employment.
Requirements for the issue of a residence permit
The granting of a residence permit in Germany is subject to certain conditions. These conditions ensure that your stay is regulated and legally secure. In this section, we explain which general and specific requirements must be met in order for you to obtain a Residence permit .
General requirements for entry and residence
Before a Residence permit can be issued, some basic requirements must be met. These apply regardless of which Residence permit you wish to apply for:
- Secured livelihood: You must prove that you are able to provide for your livelihood and accommodation without being dependent on state support.
- Health insurance: Valid health insurance cover is mandatory.
- Valid passport: You need a valid passport to apply for the Residence permit .
- No interest in deportation: There must be no reasons that would justify deportation, such as serious criminal offenses.
These general requirements form the basis for further applications.
Specific requirements depending on the Residence permit
Depending on the type of residence permit you are applying for, there are additional, specific requirements:
- Visa:
- One visitor visa (short-term stays)
- The national visa (specific purpose such as study or employment required)
- The business visa for business trips.
- Residence permit: Here you also need proof of the purpose of your stay, such as an employment contract or admission to study.
- EU Blue Card: You must have a university degree and a concrete job offer with a certain minimum income.
- Settlement permit: One of the requirements is that you have been living in Germany for several years and can prove that you have sufficient language skills.
- Permanent residence permit - EUAs a rule, this requires that you have already been living in the EU for five years and have a secure income.
Exemptions under the EEC-Turkey Association Agreement
Special regulations apply to Turkish nationals pursuant to Section 4 (2) AufenthG who are covered by the Association Agreement between the European Economic Community and Turkey. These persons have a special right of residence and are exempt from some of the above-mentioned requirements.
The requirements may vary depending on the situation and the purpose of your stay, so it is advisable to find out exactly what the requirements are for your specific Residence permit .
Steps to apply for a residence permit
Applying for a residence permit in Germany can seem complex, but with the right knowledge and a structured approach, the process is manageable. In this section, we explain the most important steps you should follow, depending on whether you want to apply for a visa or a residence permit.
Applying for a visa before entering the country
If you are planning to enter Germany and live or work here, in many cases a visa is required, which you must apply for before entering the country. The visa application is the first step in the residence permit process.
The most important steps for applying for a visa are
- Fill out the form: Download the application form from the website of the German embassy in your home country.
- Prepare documents: These include a valid passport, proof of the purpose of your stay (e.g. employment contract, place of study), proof of health insurance and proof of financial means.
- Make an appointment: Make an appointment at the German embassy or consulate in your home country to submit your application.
- Clarify visa type: Think carefully about whether you need a visa for short-term stays (up to 90 days) or a national visa for longer stays.
The visa is required to enter Germany. After arrival, you can then apply for the Residence permit .
Application for residence permit and extension
After your arrival in Germany or if you are already in the country, you must apply for a residence permit at the relevant Foreigners' office .
Here are the steps you should follow:
- Fill in the application form: You can obtain the form either from Foreigners' office or online.
- Submit important documents:
- Passport
- Proof of the purpose of your stay (e.g. employment contract or admission to university)
- Proof of health insurance
- Rental agreement
- Appointment at Foreigners' office: Make an appointment well in advance, as processing times may vary.
- Extension: If your residence permit is limited in time, apply for an extension in good time before it expires. The conditions for the extension depend on the purpose of your stay.
Authorities and legal responsibilities
In Germany, responsibility for issuing and renewing residence permits lies with the immigration authorities, which are located in every city or municipality.
In addition, there are some important institutions that you should be aware of in this process:
- Foreigners' officeResponsible for applications for Residence permit, extensions and general information on the right of residence.
- German embassies/consulates: This is where you submit your visa application before you enter Germany.
- Federal Office for Migration and Refugees (BAMF): This institution is involved in special cases, such as asylum applications or certain residence permits under EU regulations.
Rights and obligations with a Residence permit
Obtaining a residence permit in Germany entails both rights and obligations. These mainly concern access to the labor market, the validity of the residence permit and the possibility of extending it. In this section, we explain the most important aspects that you should be aware of.
Access to gainful employment in accordance with § 4a AufenthG
An important point to consider after you have been granted a residence permit is access to gainful employment. § Section 4a of the Residence Act regulates whether and under what conditions foreigners are allowed to work in Germany.
In principle, the following applies:
- Permission to take up gainful employment: In most cases, Residence permit allows you to take up gainful employment if this is explicitly stated.
- Restrictions: For certain Residence permit, such as student visas, gainful employment may be restricted, for example to a maximum number of working hours per week (for students 140 days per year or 280 half days).
- Exceptions: Certain Residence permit, such as the EU Blue Card or an Settlement permit, allow unrestricted access to the labor market.
The exact scope of your work permit will be noted on your Residence permit and may vary depending on the purpose of your stay.
Period of validity and extension of the residence permit
Your Residence permit is usually limited in time and must be extended in good time. The period of validity depends on the respective title and the purpose of your stay.
Here are some important points about the extension:
- Early application: Submit your application for renewal at least three months before your current residence permit expires to avoid legal problems or delays.
- Re-examination: The same conditions are checked for the extension as for the initial application, including your financial situation, the purpose of your stay and your insurance status.
- Permanent residence: After a certain period of residence and if certain conditions are met, you can in some cases apply for a permanent Settlement permit or EU permanent residence permit.
Settlement permit apply?
FAQ: The most important questions about § 4 AufenthG
§ Section 4 of the Residence Act stipulates that foreigners require a Residence permit to enter and reside in Germany.
The most important types are: Visa, residence permit, EU Blue Card, Settlement permit and permanent residence permit - EU.
You can apply for Residence permit at Foreigners' office. You must first apply for an entry visa, if required.
The most important requirements are: secure livelihood, health insurance, valid passport and no interest in deportation.
The residence permit is limited in time, while the Settlement permit is unlimited and offers more rights, e.g. unrestricted gainful employment.
