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General
A residence permit is required by every foreign national,
who intends to live, work or engage in a commercial activity
or trade within Germany. This, however, does not apply to
people, who enter Germany for the purpose of travel for a
maximum of three months and who are exempted from visa requirements
(please refer to the above section).
Whether the granting of a residence permit is limited or
subject to certain conditions remains entirely within the
discretion of the German authorities under the Aliens Act
1990 (Ausländergesetz, AuslG). However, based on certain
treaties and special regulation some countries, like e.g.
U.S.A., Canada and Japan, are subject to more flexible rules.
Special regulations apply to citizens of EU Member States.
Application Procedure
Application must be generally filed before entering Germany
at the German diplomatic representation in the home country
or in the foreign country where they are currently living.
Citizens of EU Member States and EFTA-States as well as U.S
citizens may apply for a residence permit after having legally
entered the country. Application forms are obtainable from
the local residents' registration office. The application
must be filed at the local Aliens Office (Ausländerbehörde).
To register formally, a passport or other form of personal
identification and proof of employment (i.e., an employment
contract or other evidence of financial support), two passport
photographs, proof of health insurance and a copy of the residence
registration (please refer to the respective section above)
are required. This documentation is then forwarded by the
German diplomatic representation respectively the local residents’
registration office to the Aliens Office. Individuals, who
do not wish to send their passport, may visit the Aliens Office
and apply for a residence permit in person.
If a residence permit application will be filed in order
to take up gainful employment (please refer also to the section
above regarding visa requirements) for a period exceeding
three months, a work permit – if required – must
be also granted or put in good prospect. In this case, the
German diplomatic representation, respectively the aliens
office, will liaise with the competent Labor Office (Arbeitsamt).
The entire process normally takes a minimum of six weeks.
During this time, a document is issued which states that an
official application for a residence permit has been submitted.
Said document is valid for approximately three months.
Types of Residence Permits
Several types of permits exist which enable a foreign national
to temporarily reside in Germany of which the ”residence
permit” (Aufenthaltsgenehmigung) and ”residence
authorization” (Aufenthaltsbewilligung) are the most
important.
An initial residence permit is usually granted for a period
of up to one year and may be extended for a maximum of five
years, although there is no automatic right of extension.
The term of the residence permit is limited to the duration
of the passport’s validity. A foreign national may be
granted an unlimited permit to remain in Germany (unbefristete
Aufenthaltsgenehmigung) after five years of lawful residence.
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Business
Guide to Germany - This book has been created for foreign
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