Documents Required for Getting Residence Permit in Germany
What are the Documents Required to Get a Residence Permit in Germany? Below are the residence permits and varieties of German foreigners.
German Foreigners Act
General information for obtaining a residence permit in Germany
Table of Contents
For foreigners coming to Germany, special residence permit laws apply. Persons who do not have German citizenship are considered foreigners.
Foreigners from outside the European Union
Foreigners who are not citizens of the European Union are defined as third-country nationals (Drittstaatsangehörige). The information to be given here relates to the legal position of this group in Germany. For information on citizens of the European Union see also: Section Citizens of the European Union (EU) Countries and Family Members.
Details about the status of foreigners who are not citizens of the European Union (Drittstaatsangehörige)
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Law on Residence in Germany
Citizens of third countries are subject to the Residence Act if they are admitted to Germany. The residence law defines two separate residence permits: an 'indefinite settlement permit' (Niederlassungserlaubnis) and a 'residence permit' (Aufenthalterlaubnis). Other differences regarding the legal status of third country nationals are based on the purpose of residence and the residence permit granted accordingly.
DETAILSVisa is also a kind of residence permit. Depending on the residence purpose reported for visa processing as a content, the two separate residence permits described below are suitable. The main difference is that the visa is granted abroad and by a German representative abroad. The majority of states have a visa requirement for Germany. In this case, it is necessary to apply for a visa to the German representative offices abroad before coming to Germany. The purpose of the residence planned in Germany must be clearly stated on the visa application.
Residence permit in Germany
The residence permit is usually granted on an ongoing basis. This permission, given on a regular basis, is the basis for an indefinite stay in most cases. After a certain period of time after the residence permit has been granted, the right to a settlement is granted if certain conditions are met. The residence permit is only granted for a certain purpose and is given on an ongoing basis. The right to have a residence permit (employment, family union, guaranteed residence permit) depends on what purpose (work, higher education, asylum, etc.) is taken.
Working in Germany
If the residence permits you to work (as an employer or as an entrepreneur), you will be entitled to work with the leave. Depending on the employer, the following situation is related to the employees: Foreigners control the fulfillment of the general conditions according to the law of the foreigners to grant a residence permit. If the foreigners have fulfilled the required conditions, they will ask for permission to work from the workplace (Agentur für Arbeit). The basic rule in this regard is whether or not there are people who are willing to be employed or citizens of equivalent nationality (eg European Union citizens or third-country nationals who have lived in Germany since a long time) (Priority / Vorrangprinzip). If there are no priorities, a work permit is granted. It is also possible to gain equal rights to work for citizens of Germany or the European Union after a certain period of time has passed.
Additional information: Exceptional special rules apply for permission to work for Turkish citizens and their families legally living in Germany. It is sufficient for Turkish citizens to work for four years in the same workplace, for example, in order to reach an employment in all the branches depending on an employer.
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Note: The types of residence permits can only be extended by submitting application petitions or converted into permanent residence permits. Applications should be made on time. It is useful to do this process before the residence permit is over. Applications should not be made after the end of the residence permit. Such a situation should not be given, as it would first cause the residence permit to be in a formally invalid position, which could result in the loss of the acquired rights. For example, if the validity of the residence permit ends on 18 February, the extension application must be made at the latest or better before this date!
Permission to Settle in Germany
The settlement guarantees the status of residence permits. This permit shall not be restricted by time and space and shall prescribe the right to any work without the permission of the workshop. You can work in any kind of job by obtaining a residence permit (There are exceptions related to some professions: doctors, occupations, etc.).
In general, the following conditions must be met:
Having a residence permit for five years
Working in a social insurance business for five years
Guarantee of living expenses
Enough housing for people and families
Adequate German knowledge
Having basic knowledge on the social and political structure of Germany
One of the spouses may have the same right if the other spouse fulfills the requirement of having a socially insured job. There are wide exceptions for children. When children have reached age 16, if they have been in Germany for five years and have a residence permit, they can get a residence permit. There are special rules for refugees in obtaining a settlement permit. These persons may normally have a residence permit after three years.
Bilgi: In the case of extension of your residence permit, it is useful for you to talk about what conditions you have to fulfill in order to get a residence permit.
Attention: Persons with a residence permit may lose their rights in Germany if they stay abroad. Every holiday or every visit abroad does not naturally mean the loss of your residence rights. But if the concerned persons do not cover the temporary time and continue to do so (for example, leave the home in Germany), the residence permit in Germany will disappear immediately and automatically from the moment of leaving abroad. Even if you go abroad for a temporary period in such situations, there is danger. If you stay abroad for more than six months, your residence or residence permit usually disappears directly. Therefore, we intend to make long-term visits abroad, and it is useful to talk about the situation with foreigners. Exceptions (such as military service or pension status) are foreseen in the legislation to ensure that no rights are lost.
Residence permit for work in Germany
There are a variety of residence permits granted for study purposes (depending on the employer or entrepreneur). Which consent is given to you is determined by the nature of the intended work. This distinction is based on simple work, qualification, high qualification and entrepreneurship (entrepreneurship), which do not require vocational training.
Residence Permit for Higher Education in Germany
A foreigner may be granted a residence permit for the purpose of application instead of higher education or education. It takes up to nine months to reside for the purpose of application instead of study. A person who has started a high school as a place of learning is granted a two-year residence permit. Students are entitled to work 180 days a year or 90 days full-day work during the course of study. There is also the possibility to work in the same way as assistant assistant in high school. After successful learning, the residence permit can be extended for another year for the purpose of finding a workplace. For the residence permit to be granted for study purposes, the resultant learning is to have a suitable job and to be able to do this by a foreigner (in general if the proposed workplace can not be filled by a German citizen or a European Union citizen or a third-country citizen who has lived for a long time in the country possible).
For information about foreign students wishing to study in higher education, see Deutsche Akademische Austauschdienst on www.daad.de or www.campus-germany.de.
Family Reunification for Germany
The rules on family reunification with regard to third-country nationals are very detailed (see below on the issue of family reunification with EU citizens on the right to free movement). The residence status in Germany is especially important for the family member who wants to come together for the purpose of unification.
The family members' right to work in Germany depends on whether the person they come to has such a right. Therefore, family members who come together for the purpose of merger are basically the same rights or the same restrictions. (eg entering the job market only on secondary conditions).
In the case of family reunification with persons in the status of third-country nationals, some other conditions must also be met (for example, housing in sufficient size and the cost of living in Germany guaranteed). Exceptional circumstances apply only to those who have received asylum (those who are entitled to asylum and are considered refugees under the Geneva Convention). This is because family integration is only possible in Germany. On the other hand, there are various conditions for people who will come in the context of family reunification:
The spouses (a below) form the group of the children of the person concerned (b below) and, in some cases, the other family members of the person (c below).
a) If the spouse of a resident in Germany has the right to settle, he / she has the right to bring him / her to his / her spouse. In some cases, only residence permit is sufficient. This is the case (residence permit), refugees with asylum, persons who have been living for five years, and citizens of a third country who are married when they come to Germany, and where the spouse is expected to live for over a year. If these conditions are not fulfilled (for example, after marriage is entered into Germany), the relevant apartment decision is made by using the appraisal.
b) Children have the right to merge until they reach the age of 16, if their parents or their parents have the right to care and live or reside in Germany. This right is still valid if the children have reached the age of 16. In such a case, you will be asked to speak German or your child will quickly adapt to Germany. The same shall apply if the child has a parent or guardian's right to live with his or her parents and has a residence or residence permit. Asylum-seeking children have the right to merge until they reach age 18. If these conditions are not fulfilled, the concerned person has a positive or negative discretion to join the children. In such a case, the child is allowed to unite only if the victim status is met.
c) In some cases, other members of the family (minors or grandparents) may come within the framework of family reunification. However, it is necessary to fulfill the conditions of such a situation. There must be a "very specific victimization situation". For example, a family member (both in Germany and abroad) who lives on both sides needs to be urgently needed to care for another side due to illness or old age.
Further information on "friendship": homosexual partnerships / marriages are possible in Germany. In the event of such a tie, the homosexual person who is a foreigner benefits from family unification rights like any other.
Additional information: The conditions for family reunification of persons with German citizenship are easier. For example, children who are citizens of a third country in such a case can come to Germany until they reach the age of majority. Even if the guarantees are not complete, such as a commitment to livelihood, this is not a valid reason to refuse family reunion because other family members living in Germany can not afford to live abroad.
Additional information on "Independent residence permit for spouses": Some marriages end due to conflict or even violence. When it comes to extending the residence permit for married persons, the conditions at the time of the permit were sought. If the persons concerned still did not have an indefinite residence permit (now a settlement permit) and were living a separate life, the foreigners' office could not extend their residence permit. This result was unacceptably harsh for the legislator. Therefore, if the marriage has lasted for more than two years in Germany, the extension of the residence permit takes place even if the marital union ceases. If the marriage has ended before the end of two years and there is a hardship (Härtefall), the Immigration Office can issue an independent residence permit to the spouses. According to the legislator, the severe victimization situation is especially the situation of women who want to separate from violent men.
Visiting family members and other people from abroad
The conditions required for family reunification do not apply to family members and friends who come to Germany from abroad. In this case, the visa is required for those who are in the status of a third-country citizen, although their visit in Germany is short. Those who wish to come as a visitor are required to apply for a double visa from their German representative abroad. German foreign representatives have a greater appreciation of visa issuance. Particularly in relation to close family members, the decision to be made regarding the visa is usually made to be positive by taking into consideration the relations. In order for the visa decision to be positive, the visitor must have been warranted on his / her living in Germany. The work to be done in this case is to sign a guarantee document (Verpflichtungserklärung) to go to the local 'Foreigners' Office and pay the costs of the invitation in Germany. The Foreigner receives a certain fee for this transaction.