When we talk about immigration law, we are talking about a special right from “public law”. It regulates provisions relating to areas such as the entry, residence and long-term settlement of persons without German citizenship in the Federal Republic of Germany.

German citizenship (see Article 116 of the Basic Law/GG) does not apply without exception to persons born in Germany. It can also be obtained through naturalization. The legal basis for this is the Nationality Act (StAG) and the Residence Act (AufenthG).

In addition to the provisions of the aforementioned laws, a variety of other special regulations govern the acquisition of German citizenship.

To whom does the Aliens Act apply?

In order to fall under national immigration law, persons must meet the following criteria: they are not holders of German citizenship and are not citizens of the EU. Anyone wishing to enter the Federal Republic of Germany requires a recognized passport or a replacement passport. Only foreigners from a few countries, such as Switzerland, Monaco or Liechtenstein, do not need such a passport to enter the country.

If you plan to stay for longer than a “short stay”, foreigners need a title. The responsible immigration authority issues a permit for the stay. A “visa” must be obtained by the person entering the country at the German embassy or consulate of the respective country.

For short stays of no more than 3 months, the issuing of a visa is simplified (Schengen visa). Within these 3 months that a foreign person stays in Germany, taking up work is generally prohibited.


In 2005, the former Aliens Act was replaced by the Residence Act

Before the Aliens Act was replaced by the Residence Act, there were four different types of residence permit in addition to a visa:

  • Residence permit
  • Permanent or temporary residence permit
  • Residence permit
  • Residence permit

After the change, the titles of the stay were reduced to two types:

  • Residence permit (limited in time and depending on the purpose of the planned stay)
  • Settlement permit (not limited in time and not dependent on the purpose of the planned stay)

Where can foreigners obtain a residence or settlement permit?

The granting of a residence or settlement permit is an administrative act carried out by the foreigners authority. The duration of the permit depends on the purpose of the stay. The purposes are, for example

  • Study/ school visits
  • Family reunification
  • Language courses
  • Taking up employment as a skilled worker
  • international law, humanitarian or political reasons

The Federal Employment Agency is always involved when it comes to taking up non-self-employed work.