Residence permit; application and extension

Non-EU nationals can be granted and extended a residence permit for various residence purposes (e.g. employment, study, au pair, family reunification).

Description

The residence permit is a temporary residence title. It is granted for the purposes specified in the Residence Act, e.g. for

  • for humanitarian reasons,
  • for the purpose of study or training,
  • for the purpose of employment, self-employment or research,
  • for family reunification for spouses/life partners and minor children, provided the foreigner living here has a right of residence himself/herself,
  • for spouses/life partners and minor children of Germans,
  • within the framework of the right of residence of opportunity introduced on 31.12.2022 (see: further information).

The Residence Act regulates for the individual residence purposes, in addition to the conditions for issuance, whether there is a legal entitlement to the issuance of a residence permit, or whether the Foreigners Authority must make a discretionary decision.

The residence permit is normally valid for the entire federal territory, but can be issued and extended with conditions and requirements. Conditions, e.g. a spatial restriction, can also be imposed subsequently.

The residence permit forms the basis for a permanent right of residence - despite an initial time limit - unless an extension is excluded from the outset, e.g. in the case of temporary residence purposes.

The extension of the residence permit, as well as the issuance, must be applied for at the Aliens' Registration Office.

Prerequisites

The requirements for the issuance of a residence permit differ depending on the purpose of the stay.

In general, the issuance of a residence permit usually requires that

  • the livelihood is secured
  • the identity and, if not entitled to return to another state, the citizenship of the foreigner are clarified,
  • there is no reason for expulsion,
  • insofar as there is no entitlement to the granting of a residence title, the foreigner's residence does not impair or endanger the interests of the Federal Republic of Germany for any other reason, and
  • the passport obligation according to § 3 AufenthG is fulfilled;

and that the foreigner

  • has entered the country with the required visa and
  • has already provided the information relevant for the issuance in the visa application.

The same regulations apply to the extension of the residence permit as to its issuance. Before the residence permit is extended, it must be determined whether the foreigner has fulfilled any obligation to properly participate in the integration course.

Deadlines

Foreigners subject to the visa requirement must apply for the residence title required for further residence while the visa is still valid.


Foreigners exempted from the visa requirement for the specific purpose of stay must apply for the residence permit required for further stay immediately after entry or within 90 days at the latest.

Required documents

  • If necessary, you may be required to produce additional documents

    The documents to be presented may vary greatly. Please find out more details from your competent Aliens Department (Ausländerbehörde). As a general rule, the documents listed above will be required (among others).

  • Valid passport
  • Current biometric photo (front shot)
  • Supporting documents evidencing guaranteed means of subsistence
  • Supporting documents evidencing adequate living quarters
  • Supporting documents evidencing medical insurance coverage
  • Supporting documents evidencing the purpose of stay, e. g. employer's certificate or employment contract
  • if necessary, further documents

Fees

  • Issue:

    • Period of validity up to one year: 100 Euro
    • Period of validity of more than one year: 100 Euro

    extension:

    • up to three months: 96 Euro
    • from more than three months: 93 Euro

Remedy

Administrative court proceedings; information

administrative claim

Status: 12.05.2023

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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