GET A TEMPORARY RESIDENCE PERMIT IN GERMANY

What types of residence permits exist in Germany

Article 4 of the Law on Residence, Employment and Integration of Foreigners in the Federal Territory (Aufenthaltsgesetz) provides for the following types of permits for temporary residence in Germany:

• Visa (Visum);
• Temporary residence permit (Aufenthaltserlaubnis);
• EU Blue Card (Blaue Karte EU);
• ICT card (ICT-Karte);
• Mobile ICT card (Mobiler-ICT-Karte);

What criteria must a person meet to obtain a residence permit?

German legislation establishes general conditions that a person must comply with in order to obtain a residence permit, regardless of the basis on which a foreigner plans to obtain a residence permit.

• Availability of legal means of existence;
• Possession of a passport or other similar identity document;
• The person’s residence will not harm the interests of the Federal Republic of Germany;
• There are no grounds for sending a person out of the country;
• The person is legally present on the territory of Germany on the basis of a visa and is engaged in the type of activity for which the visa was issued.

Grounds for obtaining a residence permit

• Residence permit for the purpose of study

In addition to the invitation from the relevant educational institution to receive the residence permit for the purpose of study, the person must also confirm the level of german. The term of such a residence permit is 1-2 years. The validity period of a residence permit may exceed 2 years if the person participates in a multilateral program on academic mobility or an agreement is concluded between the educational institutions. This type of residence permit gives the right to work, but not more than 120 days a year (240 days on a part-time basis). If the person does not have an agreement with the educational institution, he has the right to obtain a residence permit lasting 6 months for the purpose of finding a place of study.

• Residence permit for the purpose of work

As a general rule, the term of a residence permit is 3 years, unless a shorter term is stipulated by the employment contract. To obtain this type of residence permit, a specific offer from the employer, permission from the Federal Employment Agency (in rare cases), confirmation of the employee’s qualifications (if necessary) are required.

• Residence permit for the purpose of doing business

Entrepreneurial activity must meet the following requirements:

• Economic interest for the region in which the activity will be conducted;
• Expected positive impact on the economy;
• The financing of the activity is provided by own funds or a credit obligation.

If the business is successful, the person has the right to obtain a settlement permit for a shorter period (after 3 years, instead of the standard 5 years).

• Residence permit due to international legal, humanitarian or political reasons

This category includes persons who were forced to leave Ukraine as of February 24, 2022 as a result of Russia’s military invasion. Such persons have the right to enter the territory of Germany without a visa, however, for further stay, they must apply to the Department of Foreign Affairs to obtain a residence permit. Such persons receive the right to employment, the right to social assistance, including the right to housing and medical care (if necessary), access to integration courses.

• Residence permit due to family reunification

Spouses or close relatives (children, parents) of the German citizens who lives in Germany are entitled to a residence permit for family reunification. It is possible to join more distant relatives only if they have extraordinary difficulties abroad. Relatives can be invited by persons who have sufficient living space to accommodate their relatives. In addition, the inviter must have sufficient funds to support visiting family members. Foreign citizens must have a sufficient level of command of the German language.

• A special right to a residence permit owned by:
• foreigners under the age of 21 who left Germany no more than 5 years ago, previously lived there for at least 8 years, 6 of which attended a German school;
• repatriates, i.e. persons who previously lived in Germany for at least 1 year, but subsequently left German citizenship, provided that they know the German language at a sufficient level;
• foreigners – residents of other EU countries, if they plan to spend more than 90 days in Germany.

What documents must be submitted to obtain a residence permit?

• application;
• passport with a valid period of stay (entry in visa order);
• two current photos;
• medical insurance policy;
• confirmation of sufficient funds for living (bank statement or letter of guarantee from the   person with whom you will live);
• language certificate (if necessary);
• confirmation of the relevant purpose of stay, for example:
• for family reunification – marriage certificate, birth certificate;
• for students – a document confirming enrollment in a German educational institution;
• for employees – copies of employment contracts about the contract or a letter from the prospective employer with an offer of employment;

for entrepreneurs – confirmation of intentions to open a business or confirmation of the ownership of shares in economic societies, or extracts from the commercial register, etc.