Aliens law: Purposes of residence under the Residence Act for obtaining a residence permit

Article updated in November 2023 due to the implementation of the requirements of Directive (EU) 2021/1883 by the German legislator

The Act on the Residence, Employment and Integration of Foreigners in Germany (Residence Act, AufenthG) regulates the requirements for the following residence titles:

- the visa
- the (temporary) residence permit (this also includes the EU Blue Card)
- the (permanent) settlement permit

The following standard requirements must be met for the issue of all of these residence permits in accordance with Section 5 (1) AufenthG:

- Securing your livelihood
- Proof of identity and nationality
- Fulfilment of the passport obligation
- No reason for deportation (e.g. criminal offences)
- No impairment or jeopardisation of German interests for any other reason

In addition to these general requirements, further special requirements must be met in order to obtain a residence permit, depending on the purpose of residence.

The various purposes of residence for which a residence permit can be issued are described below.

These purposes of stay can be roughly categorised into four groups:

A.) Residence on humanitarian grounds

The Residence Act provides various options for granting foreigners from third countries a residence permit on humanitarian grounds:

- A foreigner must be granted a residence permit in accordance with Section 25 of the Residence Act if the Federal Office for Migration and Refugees has determined that they are entitled to asylum or if their refugee status has been recognised.

- Under certain circumstances, a foreigner may also be granted a residence permit in accordance with Section 25 AufenthG if there are obstacles to leaving the country.

- A residence permit can also be issued if there is a ban on deportation based on the country of destination.

- In addition, the supreme state authority can order that foreigners from certain countries or certain groups of foreigners be granted a residence permit (right of abode regulations) in accordance with Section 23 of the Residence Act for reasons of international law or humanitarian reasons or to safeguard the political interests of the Federal Republic of Germany.

- In individual cases of hardship, the supreme state authority may also order that the foreigner be granted a residence permit.

B.) Stay for study or training

The Residence Act also provides for the possibility of obtaining a residence permit for the purpose of studying or training in accordance with Sections 16-17b of the Residence Act:

- According to § 16a AufenthG, a residence permit can also be issued for the purpose of vocational training and further education if the Federal Employment Agency has given its consent or such consent is not necessary.

- According to § 16b AufenthG, a foreigner can be granted a residence permit for the purpose of studying (including preparatory measures and the completion of a compulsory internship) if they have been admitted by the educational institution.

- According to §16e AufenthG there is the possibility of a residence permit

to complete a study-related internship EU.

- A residence permit can also be issued for attending a language course that does not serve to prepare for studies in accordance with § 16f AufenthG.

- 17 AufenthG states the possibility of obtaining a residence permit to look for a training or study place.

C.) Residence for the purpose of gainful employment under the new Skilled Labour Immigration Act

Foreign skilled workers can obtain a residence permit for employment in accordance with §§ 18 - 21 AufenthG.

A skilled worker within the meaning of Section 18 AufenthG is a person who has completed and can provide evidence of academic training (Section 18b AufenthG) or vocational training (Section 18a AufenthG).

- Section 18 AufenthG regulates the general requirements that a skilled worker must fulfil in order to obtain a residence permit for employment. Accordingly, they must

• a concrete job offer is available,
• the Federal Employment Agency must have given its consent or it must be stipulated by statutory order or intergovernmental agreement that employment is permitted without the consent of the Federal Employment Agency,
• have been granted or promised a vocational training licence (if required),
• the equivalence of the qualification must have been established or a recognised foreign university degree or a foreign university degree comparable to a German university degree must be available,
• if the residence permit is issued for the first time in accordance with §§ 18a or 18b AufenthG and the foreigner has reached the age of 45, the amount of the salary must be at least 55 per cent of the annual contribution assessment ceiling in the general pension insurance scheme.

- According to §§ 18d - 18f, a foreigner can be granted a residence permit for the purpose of research under certain conditions.

- According to Section 18g AufenthG, a Blue Card for regular occupations, a Blue Card for shortage occupations, a Blue Card for young professionals or a Blue Card for graduates of tertiary education programmes can be issued.

- A skilled worker can also apply for a permanent residence permit under the privileged conditions of Section 18c AufenthG.

- Section 20 AufenthG regulates the granting of a residence permit for the purpose of seeking employment. A skilled worker can be granted a residence permit for between 6 and a maximum of 18 months for the purpose of seeking employment. The skilled worker must be able to earn a living and skilled workers with vocational training must provide proof of German language skills.

- Section 21 AufenthG stipulates that, under certain conditions, a skilled worker may also be granted a residence permit to pursue self-employment. This requires, among other things, that there is an economic interest or regional need for the activity, that the activity is expected to have a positive impact on the economy and that the financing of the realisation is secured through equity capital or a loan commitment.

E.) Residence for family reasons

The Residence Act provides a number of options for granting a residence permit for family reasons:

- According to § 28 AufenthG, a residence permit may be issued to the foreign spouse of a German, the unmarried minor child of a German or the parent of an unmarried minor German for the purpose of exercising personal care if certain requirements are met and the German has his/her habitual residence in the federal territory.

- Section 29 AufenthG regulates the requirements for issuing a residence permit for family reunification with foreigners.

- Under certain conditions, the spouse of a foreigner may be granted a residence permit in accordance with § 30 AufenthG.

- Section 31 AufenthG regulates the spouse's independent right of residence in the event of the dissolution of the marital partnership as an independent right of residence that is independent of the purpose of family reunification.

- The unmarried minor child of a foreigner may be granted a residence permit under certain conditions in accordance with § 32 AufenthG.

- Section 36 AufenthG regulates the reunification of parents or other family members with your minor foreign child.

- According to § 37, a foreigner who was legally resident in Germany as a minor may also be granted a residence permit under certain conditions.

- Former Germans or long-term residents of other EU member states can also be granted a residence permit in accordance with § 38 or § 38a AufenthG.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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Lawyer Helmer Tieben from Cologne advises you on immigration law.