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Entry into and stay in Germany
Germany is a popular destination - whether for private holidays, immigration or business trips. But what requirements must be met for entry and residence? The regulations for this are diverse and depend not only on the reason and duration of the stay but also on the country from which the entry to Germany is made. This text provides you with the most important information on entering and staying in Germany and, in particular, what you should know about visas.
The most important facts in a nutshell:
- Whether you need a visa to enter Germany depends on a number of factors.
- The most important visas are the Schengen visa for a short-term stay and the national visa for a longer-term stay.
- Residence titles for longer-term stays include the residence permit, the EU Blue Card, the ICT card and the settlement permit.
- If your application for a residence title has been rejected, you should have legal steps examined
What do I need to enter and stay in Germany?
If you are not a German citizen, you need a valid passport and a residence title - unless you are entering from a visa-free country. There are the following types of residence titles:
- Visa
- Residence permit
- EU Blue Card - ICT Card
- Settlement permit
- Permit for permanent residence
Entering Germany - Visa
Whether you need a visa to enter Germany depends on several factors. There are different regulations depending on the country from which you are entering Germany.
Entry from abroad without a visa
As a rule, you do not need a visa to enter Germany from other European countries. This applies not only to all countries of the European Union, but also to a number of other European countries, such as Switzerland and Norway.
However, there are also countries outside Europe from which you may enter the Federal Republic of Germany without a visa. These include, for example, the USA, Japan and the United Arab Emirates.
Please note, however, that from May 2023 a so-called ETIAS permit (European Travel Information and Authorisation System) will be required for entry into the Schengen area even from visa-free foreign countries. However, compared to a visa, this should be uncomplicated to apply for online.
Entry from foreign countries requiring a visa
For entry from most countries outside Europe, on the other hand, a visa is required. However, a visa is still required for entry from some European countries. These include Russia and Belarus, for example. This website of the Federal Foreign Office provides an overview of which countries require visas and which countries can be entered without a visa:
Duration of stay
The permitted duration of your stay may also differ depending on your country of origin and purpose of entry. For entry from a member state of the European Union or from the European Economic Area, a (visa-free) stay of up to three months is possible without further ado.
If you intend to stay in Germany for a longer period than three months after entering from these countries, you must meet certain requirements. These include, for example, that you have a job or sufficient means of subsistence and health insurance cover. However, you do not have to apply for a residence title or anything similar for this purpose, but merely have to notify the Residents' Registration Office of your move - just like German citizens.
When entering Germany from a foreign country requiring a visa, a distinction must be made between the short-term Schengen visa and the longer-term national visa for the permitted duration of stay:
-Schengen visa (C visa)
The Schengen visa (C visa) is the usual visa for short stays and entitles you to stay for up to 90 days in the entire Schengen area.
When applying, you must state the purpose of your trip (family visits, business trip, tourist purposes, etc.) and provide information on the financing of the trip and your (travel) health insurance. However, the Schengen visa does not allow you to take up gainful employment. The German mission abroad (embassy, consulate) is responsible for applying for the Schengen visa if the Federal Republic is the main destination of your trip.
-National Visa (D-Visa)
For entry with the purpose of a longer-term stay in Germany, on the other hand, you need a national visa (D visa). This can be applied for, for example, for family reunification, marriage, taking up employment or studying in Germany.
The national visa must be applied for at a German mission abroad, which forwards the application to the competent foreigners authority in Germany. The visa is usually issued with a validity period of 90 days and in some cases even for a stay of up to 12 months. If you plan to stay in Germany longer than the visa allows you to, you must apply for a residence permit after entering the Federal Republic.
Please note that the application process can take a long time - a processing time of three months is not uncommon.
What do I need for a longer-term stay in Germany?
If you have entered Germany with a visa or from a visa-free country outside the European Union for a longer-term stay, you must apply for a residence title after your arrival. In detail, the following residence titles come into consideration, which serve different purposes and are subject to different requirements:
Residence permit
The residence permit is a temporary residence title that can be issued for various purposes.
These include in particular:
- Training and further education as well as study
- gainful employment
- international law, humanitarian or political reasons
- family reasons
Depending on the purpose of residence, the granting of a residence permit is subject to different requirements. For example, if you apply for a residence permit for the purpose of studying, you usually have to prove that you have a place to study and the necessary language skills.
EU Blue Card
The EU Blue Card is also a temporary residence title intended to make it easier for academic specialists to stay in Germany and the EU.
This is intended to serve the EU as a business location. The EU Blue Card is issued according to the duration of your employment. The main prerequisite is that you have an academic degree and can prove that you have a job corresponding to your degree.
You can apply for the EU Blue Card at the Aliens' Registration Office. In the case of permanent employment, the maximum period of validity is four years. A major advantage of the EU Blue Card is that it makes it easier for the holder to obtain a (permanent) settlement permit later on and to join their family.
ICT card
The ICT card is a temporary residence permit created for the internal transfer of managers and specialists. The ICT card is intended to enable companies based outside the EU to deploy their employees flexibly. The ICT card is issued for the duration of the transfer. However, the longest period of validity is three years.
Settlement Permit and Permit for Permanent Residence-EU
The settlement permit and the EU permanent residence permit are unlimited residence titles. The most important prerequisite is that you have generally held a residence title for five years and are able to support yourself.
However, different requirements apply in individual cases for different constellations. In contrast to the settlement permit, the permanent residence permit also entitles you to move to other EU countries.
In any case, you have the right to take up self-employment or employment.
Rejection of my visa - what can I do?
If your application for a visa or other residence title has been rejected, it is worth consulting a lawyer. Often the reasons for the rejection are that the stated purpose of entry is not believed or the embassy has doubts about your financial possibilities or your willingness to return.
In any case, a lawyer can check whether the visa was wrongly refused and, if necessary, take legal action against the refusal by remonstrating or filing a lawsuit against the decision.
Whether such a step makes sense can only be determined by a lawyer in the individual case. If you have any legal problems or questions, please contact a lawyer who specialises in immigration law!
Short & sweet
As a rule, a visa is required for entry into Germany. An exception to this is generally made for EU foreigners and for other visa-free countries. The most important types of visa are the Schengen visa, which entitles you to a short-term stay in the Schengen area, and the national visa, which can be applied for for all longer-term stays and stays to take up gainful employment. After entering the country with a national visa, you usually have to apply for a residence title for a longer-term stay. This includes the residence permit, the EU Blue Card, the ICT card or the unlimited settlement permit and EU permanent residence permit. If your visa or the residence title you applied for was rejected, it is worthwhile to have it checked by an expert lawyer.