Attorney Helmer Tieben, with his office in Cologne’s Südstadt near Ulrepforte, has been dealing with immigration and asylum law for many years and has extensive experience in this field. Due to his expertise, Mr. Tieben provides advice and representation not only in the city of Cologne but throughout Germany and beyond. However, the majority of his clients come from Cologne, where about 20% of the population is foreign-born.

Mr. Helmer Tieben is your contact for all immigration-related legal questions, representing you before immigration authorities or embassies with commitment and dedication to enforcing your legal rights. Having lived and worked abroad for many years, Mr. Tieben possesses the cultural sensitivity necessary for providing advice in this field.

Nevertheless, successful legal advice in immigration law depends on detailed knowledge of the following areas:

I. Immigration law

1. Issuance and extension of residence permits

The German Residence Act constitutes the central part of German immigration law and provides the legal framework for the different types of residence permits that a non-EU citizen can obtain in Germany. Currently, the Act includes five different types of residence permits: the visa, the temporary residence permit (Aufenthaltserlaubnis), the permanent settlement permit (Niederlassungserlaubnis), the EU Blue Card, and the permanent residence permit for EU citizens.

A visa is a residence permit that only allows short-term stays in Germany. The law distinguishes between a national visa and a Schengen visa. The temporary residence permit, on the other hand, is issued for specific purposes outlined in the Residence Act. After a certain period and under certain conditions, foreigners may apply for a permanent settlement permit, which is an unlimited residence permit and always includes the right to work. The EU Blue Card is designed as a work and residence permit for highly skilled professionals from non-EU countries. The permanent residence permit for EU citizens is equivalent to the permanent settlement permit and aims to provide secure residence rights for third-country nationals who are not EU citizens.

Most of the residence permits mentioned above are usually issued for specific purposes. The Residence Act differentiates between different purposes: residence for education, for employment, for international, humanitarian, or political reasons, and for family reunification. There are also a few special residence rights.

In particular, legal representation and advice concerning the issuance and extension of residence permits for family purposes are a frequent part of the law firm’s activities. For example, if the foreign spouse of a German or foreign national wishes to live in Germany, they will need a visa/residence permit to stay long-term. The process of obtaining such a visa/residence permit for the spouse is called family reunification. Other family members, such as children or parents living abroad, may also be eligible for family reunification.

Of course, attorney Helmer Tieben also assists students, workers, or self-employed individuals in obtaining or extending their residence permits. German companies may also seek assistance in bringing or retaining foreign employees in Germany. Mr. Tieben can help with applications for an ICT card or a Mobile ICT card. Artists and athletes planning short- or long-term stays in Germany can also receive professional and straightforward support.

We have successfully helped nationals from countries such as Turkey, Iran, Ukraine, Russia, India, Pakistan, Thailand, Vietnam, Cambodia, the Philippines, China, Morocco, Algeria, Libya, Egypt, Tunisia, the USA, Brazil, Argentina, Mexico, and Australia obtain or retain their residence rights in Germany through German embassies or immigration authorities.

If you have any issues with the application or extension of a residence permit, such as if the embassy or immigration office refuses to issue the permit, contact attorney Helmer Tieben.

2. Legal remedies in immigration law (e.g., objections (e. g. Remonstration) or lawsuits (Klage beim Verwaltungsgericht))

If a foreigner’s application for a residence permit or its extension is rejected, they can file legal remedies against this decision. For example, if an application for a Schengen visa (e.g., for tourism or visit purposes) or a national visa (e.g., for family reunification or study purposes) is denied, the foreigner can file an objection (Remonstration) and/or a lawsuit with the Berlin Administrative Court. Common reasons for rejection of national visas include suspicion of a sham marriage (in the case of family reunification) or doubts by the embassy about the foreigner’s intended purpose of stay. In the case of Schengen visas, a common reason for rejection is the so-called “lack of intent to return” or doubts about the purpose of the stay.

If your application or that of a relative, friend, or prospective employee has been rejected, contact attorney Helmer Tieben promptly, as these legal remedies are subject to deadlines. Under certain conditions, a residence permit can also be pursued through interim legal protection if the embassy or immigration office’s decision cannot be awaited. In cases of delayed decisions, a lawsuit for failure to act can also be filed.

If an application for a residence permit (Aufenthaltserkaubnis) or settlement permit (Niederlassungserlaubnis) by a foreigner already living in Germany is rejected by the relevant immigration authority, a lawsuit can also be filed against this decision. This also applies to the often simultaneously threatened deportation/expulsion of the foreigner. Such lawsuits are filed with the locally competent administrative court. Since lawsuits against deportation orders from the immigration authority often do not have a suspensive effect, an additional request must be filed to stay the deportation during the legal process.

Attorney Helmer Tieben is happy to represent you in such cases. Just call 0221-80187670, and we will discuss how we can best assist you.

3. Consultation and representation in naturalization/citizenship cases

Attorney Helmer Tieben is frequently consulted for advice and representation in naturalization cases. In Germany, there are two types of naturalization: discretionary naturalization and entitlement-based naturalization. Discretionary naturalization applies to specific groups, such as spouses of German nationals, while entitlement-based naturalization focuses on meeting various basic requirements. If your naturalization application has been denied for reasons you consider unjust, feel free to contact us for extrajudicial or judicial assistance.

A significant issue, particularly in Cologne, is the length of the naturalization process. In principle, the authorities are required to complete the naturalization process within a reasonable timeframe, usually about 3 months. In practice, however, the process often takes 8–12 months or even longer. In such cases, the authorities can be prompted to speed up the process through a lawsuit for failure to act or a formal request for expedited processing.

4. Right of free movement for EU citizens and their family members, and rights under association agreements

The right to free movement within the European Union allows EU citizens to move freely, enter, and reside in any other member state. EU citizens are also entitled to engage in economic activities in any member state, whether employed or self-employed, permanently or temporarily.

These rights also generally apply to the family members of EU citizens. Attorney Helmer Tieben is happy to advise on such matters and help resolve any issues with the authorities.

We also advise citizens of countries with association agreements (e.g., Turkey, residence rights under ARB 1/80) on their specific rights regarding freedom of establishment and the free provision of services. Just contact attorney Helmer Tieben.

5. Deportation/limiting the effects of deportation

In some cases, a foreign national may be deported from Germany because their residence permit was not extended, for example, due to no longer meeting the purpose of stay requirements or because of a criminal conviction. Often, such convictions involve youthful indiscretions, and the individual wishes to return to their family in Germany.

If you or one of your relatives/friends is facing deportation or wants to return to Germany, attorney Helmer Tieben is happy to advise you on your options and the best course of action. The immigration office can be contacted extrajudicially, lawsuits can be filed, or the effects of deportation can be limited upon request.

Apart of the above mentioned services we provide legal advice and representation on any other issues and problems regarding German immigration law, e. g.:

• Legal advice and representation to get the German permanent settlement permit (Niederlassungserlaubnis) or the German temporary residence permit (Aufenthaltserlaubnis).
• Legal advice on how to get the Schengen visa or the German national visa (e. g. for citizens of Iran, Belarus, Philippines, Egypt, Algeria, China, India, Lebanon, Morocco, Phillipines, Russia, Syria, Tunesia, Turkey, Ukraine, Belarus).
• Residence in Germany and immigration to Germany for foreign students.
• Residence in Germany and immigration to Germany for foreign employees.
• Permanent settlement permit (Niederlassungserlaubnis) for highly qualified persons.
• Right of asylum in Germany.
• Reunion of spouses in Germany (Ehegattennachzug).
• Family reunion in Germany (Familiennachzug).
• Legal advice on how to avoid deportation from Germany.
• Legal advice on how to get German Citizenship or how to restore former citizenship
• Legal advice and representation on German embassy and German consulate issues.
• Opposition proceeding/litigious proceedings regarding visa and residence permit procedures.

Contact Us

Call us on (0049) (0)221 80187670 or send us an email to info@mth-partner.de if you need help with your German Immigration Law issue. We will respond to your queries quickly and confidentially.