What does § 4 AufenthG regulate?
§ 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.
Different types of residence permits according to § 4 AufenthG
There are several forms of residence permit that can be applied for depending on the individual situation:
- Visa: Usually for short-term stays, for example for visiting or entering the country for a specific purpose.
- Residence permit: Temporary and for various purposes such as study, work or family reunification.
- EU Blue Card: For highly qualified skilled workers who wish to work in Germany.
- Settlement permit: Unlimited Residence permit for people who have been living in Germany for a long time and meet certain requirements.
- Permanent residence permit - EU: For foreigners who wish to stay in Germany long-term and have special EU legal entitlements.
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 Residence permit (visa, blue card, etc.)
According to Section 4 (1) sentence 1 AufenthG, the following applies in principle:
Legal text: "Foreigners require a residence permit to enter and reside in the federal territory, unless otherwise stipulated by European Union law or by statutory order or unless a right of residence exists on the basis of the Agreement of September 12, 1963 on the Establishment of an Association between the European Economic Community and Turkey (Federal Law Gazette 1964 II p. 509) (EEC/Turkey Association Agreement)."
There are these types of residence permit in accordance with Section 4 AufenthG:
1. Visa within the meaning of Section 6(1)(1) and (3),
2. residence permit(§ 7),
3. EU Blue Card (§ 18g),
4. ICT card (§ 19),
5 Mobile ICT card(§ 19b),
6. Settlement permit (§ 9) or
7. permit for permanent residence - EU (§ 9a).
Depending on the type of residence permit you are applying for, there are additional, specific requirements:
- Visa: There are three types of visa:
- A visitor's 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 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 .
Nevertheless, these people have certain obligations under Section 4 (2) AufenthG:
Legal text: "A foreigner who is entitled to a right of residence under the EEC/Turkey Association Agreement is obliged to prove the existence of the right of residence by holding a residence permit if he/she does not hold either a Settlement permit or an EU permanent residence permit. The residence permit is issued upon application.
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.
Conditions for exercising gainful employment
The exercise of gainful employment is subject to certain conditions that you should be aware of in order to avoid legal problems.
Here are the most important points:
- Check by the Federal Employment Agency: In some cases, such as when taking up employment as a skilled worker, approval from the Federal Employment Agency may be required. This agency checks whether there are no other priority employees from Germany or the EU available for the position.
- Employment during your studies: If you have a Residence permit for your studies, you may only work a limited number of hours per week. If you exceed this limit, this can lead to problems with the extension of your title.
- Self-employment: If you would like to become self-employed in Germany, you will need a special permit, which must also be noted on your Residence permit .
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.
Residence permit and Settlement permit in comparison
If you wish to enter Germany or live here permanently, there are various types of residence permits available to you. The two main titles that are often considered are the temporary residence permit and the permanent residence permit. Settlement permit.
In addition, there is the Permanent Residence Permit - EU, which grants long-term rights throughout the European Union. In this section, we explain the differences between these permits and the advantages they each offer.
Temporary residence permit according to § 7 AufenthG
The residence permit according to § 7 AufenthG is usually limited in time and is issued for specific residence purposes. It is intended for people who come to Germany for a temporary reason, e.g. to study, work or for family reunification.
The most important features of the temporary residence permit are
- Time limit: The residence permit is only issued for a limited period of time and must be extended before it expires.
- For a specific purpose: The permit is linked to a specific purpose of residence, e.g. work, study or training.
- Gainful employment: Whether and to what extent gainful employment is permitted depends on the purpose of residence. This is noted individually in the title.
The residence permit is suitable for people who only want to stay in Germany for a limited period of time or whose long-term prospects are not yet clear.
Unlimited Settlement permit according to § 9 AufenthG
In contrast to the temporary residence permit, the Settlement permit is unlimited in accordance with Section 9 AufenthG and offers a permanent perspective. It is intended for foreigners who have been living in Germany for several years and meet certain integration requirements.
The most important advantages of Settlement permit:
- Permanent residence: With Settlement permit you have the right to live in Germany permanently.
- Unrestricted gainful employment: You may work without restriction, both as an employee and as a self-employed person.
- No need for renewal: In contrast to the residence permit, there is no need for regular renewal.
In order to obtain the Settlement permit , you must generally have lived in Germany for at least five years and provide proof of sufficient German language skills and a secure income.
Permit for permanent residence - EU according to § 9a AufenthG
The EU permanent residence permit is a special type of permanent residence permit that allows you to settle not only in Germany but also in other EU countries.
The most important features are
- Freedom of movement in the EU: With this title, you can stay and work in almost all EU countries without having to apply for a new visa.
- Long-term security: The EU permanent residence permit offers long-term prospects for anyone who wants to remain flexible within the EU.
- Similar requirements to Settlement permit: Here, too, you must have lived in Germany for at least five years, have a secure income and sufficient knowledge of German.
The permanent residence permit - EU is particularly interesting for people who move frequently within the EU or want to work in several countries.
Settlement permit apply?
Conclusion on § 4 AufenthG
As you can see, the topic of Section 4 AufenthG - requirement for a residence permit - is complex. We have summarized the most important points for you below and dared to take a look into the future of § 4 AufenthG.
The most important key points of § 4 AufenthG
- Residence permit Required: Foreigners need a valid Residence permit to stay in Germany.
- Types of residence permit: Visa, residence permit, EU Blue Card, Settlement permit, permanent residence permit - EU.
- Gainful employment: Gainful employment is only permitted with a corresponding Residence permit .
- Special regulations: Exceptions apply to EU citizens and certain groups, such as Turkish nationals under the EEC/Turkey Agreement.
- Legal basis: Section 4 AufenthG forms the basis for the regulation of entry and residence in Germany.
Conclusion and future of Section 4 AufenthG
The importance of Section 4 of the Residence Act will remain in the future, as it forms the central basis of German residence law. As the law continues to be amended, particularly with regard to the immigration of skilled workers, this paragraph will continue to play a key role in ensuring the legal framework for immigrants.
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.
