Entry regulations and right of residence law in Germany

To enter Germany, citizens of most non-EU states always require a visa. The visa must always be applied for at the foreign representative – embassy or consulate general – before entry. A current list of states requiring visas is published on the internet by the Federal Foreign Office. The visa permits entry and a stay of up to 90 days per half year, so it is now no longer necessary to request a residence permit. Anyone wanting to stay longer than 90 days in Germany initially requires a temporary residence permit. This can be applied for immediately instead of a visa, if a longer stay is planned from the outset. After 5 years, or in the case of self-employed entrepreneurs after 3 years, the residence permit can be converted to a permanent settlement permit. To be eligible for this, aliens must be able to earn their living themselves and have command of the German language.

Awarding a visa

• How long does it take to issue a visa? A visa for a short-term stay is usually issued within a few working days. For longer-term visa or those that allow the holder to work in Germany, several months’ processing time should be expected because of the huge number of visa applications received. Application forms for visas and stays longer than 3 months (residence permit) can be obtained free of charge from the foreign representative and can also be submitted there. All important application forms are also available in numerous languages on the internet.
  
  
• Where is one allowed to travel with the visa ? A visa for Germany usually also permits the holder to stay in the Schengen states of Austria, Belgium, Denmark, Finland, France, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Sweden and Spain. However, travel options may be limited if the visa issuing office of the foreign representative deems this necessary.
  
  
• What prerequisites need to be met for a visa? Travelers must prove that they have sufficient financial funds for the trip and stay. If they cannot provide these funds themselves, they can name a host living in Germany, who provides a guarantee to the alien’s registration authority at the host’s place of residence that the host will be responsible for covering all costs incurred for the guest in Germany, including medical costs. In addition, in all Schengen states, a travel health insurance policy valid for all these countries and providing cover of at least 30,000 euros is a requirement.

Working in Germany

Citizens of the EU can take up self-employed work in Germany without restrictions. There are only temporary restrictions for non-self-employed work for citizens of the new member states of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia. Citizens who do not come from the EU, the European Economic Area or Switzerland require a work permit before they can work in Germany. This can be applied for abroad via a work visa. The states of the European Economic Area (EEA) include all EU states plus Iceland, Liechtenstein, and Norway. Anyone wanting to stay longer than three months in Germany requires either a residence permit (temporary) or a settlement permit (permanent); less strict conditions apply here for self-employed entrepreneurs and highly-qualified staff (see below).

The residence permit

A (temporary) residence permit is required by all aliens who do not come from the European Economic Area or Switzerland and want to stay in Germany for longer than 90 days. If an application is made for a “residence permit for the purpose of gainful employment” – either for independent work or for self-employed entrepreneurs – this also covers the issue of the work permit. Following internal approval by the Federal Employment Office, the responsible alien’s registration authority issues the work permit and residence permit in a single record (one-stop-government). The residence permit also allows family members who enter Germany at the same time or later to take up gainful employment immediately and in the same way, providing the holders of the residence permit are themselves entitled to take up gainful employment.