Anyone wishing to reside in Germany must have a valid residence permit. The conditions under which a residence permit can be issued also depend on the purpose of residence.

The Immigration Act came into force on January 1, 2005. Following the modernized Citizenship Act, the Immigration Act is a second step towards bringing the legal framework in line with social realities. It brings together various aspects from labor migration and humanitarian residence rights to integration and security issues in one piece of legislation.

In the following, the Immigration Office would like to inform you about changes and restructuring. This is only a general overview; if you have any specific questions, please do not hesitate to contact the Foreigners' Registration Office.

New structures

Reduction of the number of residence titles to two: temporary residence permit and settlement permit (unlimited).

• The new right of residence is no longer based on residence titles, but on the purpose of residence (education, employment, family reunification, humanitarian reasons)
• New: Federal Office for Migration and Refugees (previously: Federal Office for the Recognition of Foreign Refugees)
• The previous dual approval procedure (work and residence) will be replaced by an internal approval procedure. The work permit is issued in one file with the residence permit by the foreigners authority, provided the employment service has given its internal approval.

Temporary and for the following residence purposes :

• Education §§ 16, 17 AufenthG
• Gainful employment §§ 18-21 AufenthG
• Humanitarian reasons §§ 22-26 AufenthG
• Family reasons §§ 27-36 AufenthG
• Right to return §§ 37,38 AufenthG

• Possession of a residence permit for 5 years (German spouse 3 years)
• secure livelihood
• Sufficient living space
• 60 months pension insurance
• no prison sentence (180 daily rates in the last three years)
• Permitted employment
• Sufficient knowledge of the German language or completion of an integration course
• Basic knowledge of the legal and social order

• Residence permit and permanent residence permit continue to be valid as a settlement permit
• Temporary residence permit, residence authorization or residence permit is considered a temporary residence permit for a specific purpose
• No extension before the old residence permit expires
• Previous work permit and work authorization continue to apply.

• Highly qualified persons are granted permanent residence from the outset (settlement permit)
• Self-employed persons generally receive a residence permit if they invest at least 1 million euros or create 10 jobs
• Students can stay in Germany for one year after successfully completing their studies to look for a job. However, the job must be appropriate to their studies.
• Qualified persons may receive a work permit in justified exceptional cases if there is a public interest.
• Nationals of EU accession states are granted access to the labor market for qualified employment (subject to the priority principle, i.e. only insofar as no Germans or persons with equal rights are available)

• Victims of non-state persecution are granted refugee status in accordance with the Geneva Refugee Convention.
• Gender-specific persecution is recognized as a reason for persecution.
• Status for 53 VI (danger to life and limb - torture) is improved - those affected receive a residence permit
• Tolerated stay only if the foreigner is at fault (concealment of identity) or if there is a real possibility of deportation
  

(Family reunification with foreigners § 30 AufenthG)

A residence permit is issued to the spouse of a foreigner if the foreigner has a

• settlement permit
• Entitled to asylum or legal status as a refugee
• has held a residence permit for five years
  or the marriage already existed at the time of entry
  Maintenance, housing etc.

(Reunification of children §§ 32-35 AufenthG)

Child reunification is generally possible up to the age of 16.

Exceptions can be made up to the age of 18: persons entitled to asylum, refugees under the Geneva Refugee Convention and family members. In addition, children are eligible if they can speak German or if their positive integration into German living conditions is guaranteed. In other respects, child reunification may be granted on a discretionary basis to avoid particular hardship, taking into account the best interests of the child.

(Family reunification with Germans § 28 AufenthG)

(Reunification with other family members § 36 AufenthG)

Entitlement to participate in an integration course if

• first-time issuance of a residence permit for employment purposes, for family reunification, for humanitarian reasons
  if the foreigner is staying permanently in the federal territory
  and are unable to communicate in German in a simple manner
• also if benefits are received under unemployment benefit II and the foreigner is particularly in need of integration

Exemption from the obligation to participate:

• if the foreigner is undergoing vocational or other training
• he/she is participating in comparable educational programs
  or his/her participation in an integration course is permanently impossible or unreasonable
  

German or foreign nationals living in Germany can invite family members from countries requiring a visa to visit them. However, the inviting party must undertake to provide financial support for the person entering the country.