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Entry and residence
Article Migration
Anyone who meets the entry requirements may enter Germany.
Anyone wishing to enter and reside in Germany legally must satisfy the requirements specified in European and national law. These include having a visa (if required), a legitimate reason for staying and adequate financial resources to pay for one’s stay.
A foreigner who is not a citizen of an EU or Schengen member state may not legally enter the territory of the Federal Republic of Germany without the required residence permit or passport (Section 14 of the Residence Act); foreigners subject to an entry ban may not enter without an entry permit (Sections 11 and 14 of the Residence Act).
Unlawful entry
A foreigner trying to enter the federal territory unlawfully will be refused entry at the border. Illegal entry and residence in the federal territory are punishable.
According to the Residence Act, overland, air and sea transport companies may transport foreigners to Germany only if these passengers have the necessary passports and visas. This is intended to prevent illegal entry and illegal employment. If foreigners are denied entry at the border, the transport company that brought them is required to take them back to where they came from.
Residence in Germany
EU law governs the requirements for stays of up to three months in Schengen member states, including Germany. Stays for the purpose of tourism, to visit friends or family, and on business are generally allowed. Stays of more than three months, however, are governed by national law. Stays of more than three months may be allowed only for certain purposes, such as to rejoin a spouse, to study at a university or to take up employment (in particular researchers and highly qualified workers).
In General foreigners who stay for such a certain purpose receive an electronic residence permit which meets EU requirements for standardized residence titles for third-country nationals. The relevant EU regulations (EC No 1030/2002 and 380/2008) require all EU member states to issue uniform residence titles with biometric features. The electronic residence permit contains a chip on which personal data, biometric features (digital photograph and two fingerprints) and any residence or employment restrictions are stored.
For third-country nationals who on 1 September 2011 had a valid residence permit in the form of a sticker, nothing changed with the introduction of the electronic residence permit; these permits remain valid until their original date of expiry. Electronic residence permits are issued to third-country nationals applying for renewals or new permits. Applications for all residence permits should be submitted to the foreigners authorities. Permit applicants should note that the electronic residence permits take longer to produce and issue.
Note: You must apply for a residence permit in person at your local foreigners authority four to six weeks before your current permit expires. For more information about the application procedure, please ask your foreigners authority.
