Residence permit; application and extension

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

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

The Residence Act regulates for the individual residence purposes, in addition to the conditions for issuance, whether there is a legal right to the issuance of a residence permit, or whether the foreigners authority has to 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 - despite an initial time limit - the basis for a permanent right of residence, 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 granting, must be applied for at the aliens' registration office.

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

Generally, the issuance of a residence permit usually requires that

• the livelihood is secured,
• the identity and, if he is not entitled to return to another state, the nationality of the foreigner is clarified,
• no reason for expulsion exists,
• as far as there is no entitlement to the granting of a residence title, the residence of the foreigner is not for any other reason interests of the Federal Republic of Germany impaired or endangered and
• the passport obligation under § 3 AufenthG is fulfilled;

as well as that the foreigner

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

The same rules 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 attend the integration course in a proper manner.

Foreigners subject to visa requirements must apply for the residence permits required for their continued stay while the visa is still valid.

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

Grant:

• Duration of validity up to one year: 100 euros
• Duration of validity of more than one year: 100 euros

Extension:

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