Everybody staying in Germany for more than 3 months must obtain a residence permit; this includes EU citizens.
Residency permits are handled by your local immigration office ( Ausländeramt). In order to apply for a residency permit, first register your residence at the local Einwohnermeldeamt, where you can also get the application forms for a residency permit.
Citizens of the EU, United States of America, Australia, Canada, Israel, Japan, New Zealand, Switzerland may apply for a residency permit after entering Germany without a visa. Citizens of other countries are required to apply and obtain a visa prior to entry (an option also open to US citizens) at a German embassy or consulate in their country of residence. People working in Germany and residing outside the country (frontier workers) should apply for a residency permit at the local authority of their place of employment.
When applying for a residence permit, you must produce some or all of the following documents:
In addition and depending on your status during your stay in Germany you will also have to prove its purpose by one of the following documents:
Before going to the local immigration office, you should call to check out the latest details. Requirements change frequently, so you should try to get as much information as possible. An Ausländerbehörde is not exactly a fun-place to spend your time, so try to avoid multiple visits because you are missing a document! Also check opening times, as most immigration offices are closed in the afternoon.
Be prepared for a long wait, in most cases you can identify the Ausländerbehörde by the long queue in front of it. Try to arrive early to minimise the wait. Take a good book or something to keep yourself busy while you queue.
When your turn arrives, you will be called for an interview which usually takes around ten minutes if everything is in order. The official will go through your documentation to check it is complete. If anything is missing, you will be sent away and have to come back another day.
Your application for a residency permit will usually be processed within one or two weeks. In this time you will be covered by a certificate stating that you are awaiting a residency permit.
Your residency permit is only valid when displayed together with your national identity document. If your passport expires while you are in Germany, once you receive your new passport you will have go through the whole residency permit application process again! If your passport is due to expire in the near future, renew it in advance to avoid the hassle of applying twice for residency.
EU citizens have the right to live, study or work in Germany and receive a special EU Residency Permit, normally valid for a period of five years (two years for students). If you're on a fixed-term work contract, the permit may be shorter.
In some cases, the immigration office might require you to prove that you have sufficient financial means to support yourself during their stay (see above). However, this requirement is usually less demanding for EU citizens than for other nationalities. For EU students, a simple declaration of the financial situation is usually sufficient.
EU citizens can also switch residence status easily. If you have obtained a residency permit as a student, you can change this status during its period of validity, e.g. for a status as an employee. Temporary inability to work due to illness, accidents or due to involuntary unemployment does not affect your right of residence.
After you have been resident in Germany for five years, the Immigration Office can issue a permanent residence permit which guarantees a permanent right of residence.
Non-EU citizens are governed by the Ausländergesetz (Aliens Act) and are accorded different statuses depending on the reason for residence.
In order to enter and stay in Germany, third-country nationals always require a residence title ( Aufenthaltstitel). The Residence Act ( Aufenthaltsgesetz) essentially distinguishes between two different residence titles: the unlimited settlement permit ( Niederlassungserlaubnis) and the limited resident permit ( Aufenthaltserlaubnis). Other important differences in terms of the legal positions of third-country citizens also depend on the purpose for which the limited resident permit is issued.
The Aufenthaltserlaubnis is a limited residence permit. For some groups of people, however, it becomes the basis for any long-term stay in Germany. In other words after a certain duration of residence in Germany and after certain conditions are met, holders have the right to apply for an unlimited settlement permit ( Niederlassungserlaubnis). The Aufenthaltserlaubnis is generally only issued for specific reasons for coming to Germany. The rights that are granted with an Aufenthaltserlaubnis (e.g. entitlement to employment, subsequent immigration of dependents), depends in many cases on the purpose for which the Aufenthaltserlaubnis was issued (e.g. employment, training, recognition of refugee status, temporary protection etc).
A residence permit only ever allows you to take up gainful employment (employee or self-employment) if the residence permit expressly entitles you to do this. The following procedure generally applies for employees: The immigration authorities ( Ausländerbehörde) check whether the general legal prerequisites for foreigners are fulfilled for issuing an Aufenthaltserlaubnis. If these are fulfilled, the immigration authorities request approval from the Bundesagentur für Arbeit (Federal Employment Agency) for taking up employment in a job. Approval is only then given if the job cannot be filled by a German, EU citizen or other employees given preferential treatment (e.g. third-country nationals who have been living in Germany for a longer period of time). This is known as the Priority Principle ( Vorrangprinzip). After specific periods of time have lapsed, it is possible to be given the same access to the employment market as German and EU citizens.
The Niederlassungserlaubnis secures permanent residence in Germany. It has no time or spatial restrictions and gives you the right to take up gainful employment without having to undergo further approval by the Federal Employment Agency. This unlimited settlement permit generally entitles you to take up any form of gainful employment (exceptions apply only to a few professions, in particular the medical profession, e.g. doctors, and for receiving civil service status).
The Niederlassungserlaubnis should be applied for as soon as all conditions are met. In the majority of cases this settlement permit will not be issued immediately. There are exceptions, however, for highly qualified people. People also receive a settlement permit directly on arrival in Germany who are accepted by the Federal Republic of Germany for special political reasons (e.g. Jews from the former Soviet Union). All other groups can only receive a settlement permit after a specific period of stay in Germany. Depending on the purpose for which the residence permit ( Aufenthaltserlaubnis) was issued, you may be entitled to a settlement permit ( Niederlassungserlaubnis) if other preconditions are fulfilled.
The following conditions must generally be met in order to receive a settlement permit:
For spouses it is sufficient if the partner is employed and pays social insurance contributions. For children there are wide-ranging exemptions. They are generally entitled to a settlement permit if, at the age of 16, they have possessed a residence permit for five years. There are also special regulations for issuing settlement permits for recognised refugees. They can usually already receive a settlement permit after three years.
Foreign nationals can be issued with a residence permit for the purpose of studying or for applying for a university place. A study applicant may stay for a maximum of nine months. Those who obtain university admission can obtain a residence permit for two years, which is normally extended until the end of the study. During the period of study, students may work up to 90 days or 180 half-days. It is also possible to carry out part-time work made available to students at the universities.
On successfully completing the studies, the residence permit can be extended up to one year for the purpose of seeking employment. In order to receive a residence permit for taking up employment, however, the job must accord with the university qualification and it must be permissible for the job position to be filled by foreign workers. (This generally presupposes that the job cannot be carried out by Germans or other foreign nationals given precedence, in particular, EU citizens).
A residence permit can also be issued for the purpose of vocational education and training. This generally requires the approval of the Bundesagentur für Arbeit (Federal Employment Agency) unless determined otherwise by legal ordinance or inter-governmental agreements.
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