Visa & Residence

The new "Chancen-Aufenthaltsrecht" (roughly: Opportunity Residence Act) stipulated in §104c Residence Act has come into force on 31 December 2022. It stipulates issuing a residence permit for 18 months and only those who currently have a “Duldung” or “Duldung Light” can apply for it.

The new law applies to people who have been in Germany for five years with a "Duldung" (Tolerated Stay Permit) or "Aufenthaltsgesstattung" (Temporary Residence Permit), have not committed a criminal offence and profess the German constitution. During these 18 months, the person should try to meet the requirements for a permanent right to stay, in particular, per § 25a and 25b Residence Act. If they fail, they will be issued a "Duldung" again.

Important: If you are in Germany with a tolerated stay permit or “Duldung”, you should seek advice whether a residence permit under §25a or §25b of the Residence Act could also be an option for you. In order to be granted the right to stay according to this new law, you must meet certain requirements. You can learn about these requirements in our chapter "Residence rights for individuals with ‘Duldung’".

To obtain a visitor visa for Germany, third-country nationals (non-EU citizens) usually have to prove that they have enough money to support themselves during their stay, even if they only want to visit family or friends for a short time. But if someone cannot prove they have enough money themselves, someone living in Germany can vouch for the visitor(s). This can be a relative or acquaintance - or a company or institution in Germany that can prove they have enough money. Such a guarantee is known as a "Verpflichtungserklärung" or "declaration of commitment", and visitor(s) can present it to the embassy as proof of funding when they apply for their visa(s).

Here you can learn whether and how you can submit a declaration of commitment for a visitor visa. You can find all the other details about visitor visas in our chapter "Visitor Visa". And, you can learn more about the declaration of commitment for long-term stays in our chapter "Declaration of commitment for a national visa".

When third-country nationals (i.e. citizens of non-EU countries) want to apply for a national visa for Germany, they usually have to prove that they have enough money to support themselves during their stay. If they cannot do so themselves, a person living in Germany can vouch for them under certain circumstances. This can be a relative, acquaintance or a company or institution that can prove they have sufficient funds. Such a guarantee is known as a "Verpflichtungserklärung" or "declaration of commitment". A declaration of commitment can then be presented as proof of financial support for the visa application. Such financial support, however, does not work for all visas - in principle, it only applies to the following visas:

• Student visa
• Vocational Training visa
• Jobseekers visa
• Marriage visa
• Visa for attending a language course/school
• Visa to search for a vocational training or university programme
• Visa for family reunification
• Visa for state-level admission programmes per § 23 para. 1 Residence Act

Here, you can learn everything about the declaration of commitment for long-term visits. In our chapter "Declaration of Commitment for a Visitor Visa", you can learn more about the Declaration of Commitment for short-term visas.

Please note: 
On July 7th, 2023, a new skilled worker immigration law was passed. It includes numerous changes and amendments to facilitate the immigration of skilled workers and make Germany more attractive to them. It is unclear when exactly these changes and amendments will be enforced. When the time comes, we will update our website– we encourage you to visit us regularly to stay well informed. 

The EU permanent residence permit is a specific form of permanent residence permit. With an EU permanent residence permit, you have the option of obtaining a residence permit in other EU countries; that is, under certain conditions, you can live and work in another EU country. The EU permanent residence permit has unlimited validity. You can also apply for it in addition to a permanent residence permit. With a permanent residence permit, you may stay in another EU country for up to 90 days but are not allowed to live or work there. You can find out more about permanent residence permit in our chapter "permanent residence permit".

If your family has come to Germany after your recognition as an individual entitled to asylum, refugee status or subsidiary protection and in the framework of family reunification, they have the option to apply for family asylum ("Familienasyl"). If accepted, your family will have the same status and rights as you do.

Marriage and the family are under special protection in Germany. Nevertheless, it is not that straightforward for the so-called third-country nationals to bring their family to Germany. Whether you can bring your family to Germany depends primarily on your residence status. In addition, however, you need to meet many other requirements.

Here, you can find out everything about family reunification for third-country nationals without a refugee background. The prerequisites for refugees are different. If you are a refugee, you can read more about family reunification in our chapter "Family reunification for refugees".

If you want to bring your family to Germany, there are several rules and regulations you should keep in mind. The most decisive factor is your residence status. In case your asylum procedure is still ongoing, or you have a so-called "Duldung", family reunification for you is, in principle, not possible. But if you are granted asylum or recognized as a refugee, you have the right to reunite with your family in Germany. For the individuals with subsidiary protection and those for whom there is a national ban on deportation, currently, special regulations apply.

Here we go through right of family reunification for individuals who came to Germany as refugee - for others who come to Germany there are different regulations. You can learn more in our chapter “Family Reunification for Immigrants”.

After the end of a relationship or a partner's death, there are often many issues to clarify. If you are not from Germany, you usually have to apply for a new residence permit, particularly if you have come to Germany via family reunification because your partner was already living here. If you separate or your spouse passes away, you may lose your right of residence. However, under certain conditions, you can remain in Germany. These conditions have been regulated within the "Independent right of residence for spouses" ("Eheunabhängiges Aufenthaltsrecht") in §31 Residence Act.

Do you wish to invite friends, family members or business partners to Germany? For third-country nationals to get a visitor visa, they need a letter of invitation on top of many other documents. With the invitation letter, you confirm that you want to invite a specific person to Germany. An invitation letter must meet particular requirements, which we describe in more detail below. You can find out more about other requirements of a visitor visa in our chapter "Visitor Visa".

All citizens of so-called "third countries" (non-EU countries) need a visa to stay in Germany for more than three months or work here. That means only citizens of the EU countries and Australia, Israel, Japan, Canada, New Zealand, the Republic of Korea,  Great Britain, Northern Ireland, and the US do not require a visa to enter Germany. The long-stay visa most foreign citizens need to obtain is called the "National Visa Type D".

Most people from third countries also require a visa for shorter visits. You can find out more about it in our chapter "Visitor Visa".

• The information on this page has been reviewed and verified by our consulting lawyer, Astrid Meyerhöfer. 

A permanent residence permit (also known as "settlement permit") is, in fact, an unlimited permit to reside in Germany, i.e. contrary to a regular residence permit, you do not have to have your permanent residence permit extended frequently at the immigration authorities. A permanent residence permit also allows you to work without restrictions.

In order to get a permanent residence permit, some requirements apply:

• You must have had a residence permit for at least 5 years.
• You must be able to secure a living for yourself (and your family) independently, i.e. you are not allowed to receive any money from the Job Centre or Social Welfare Office. Child benefits (“Kindergeld”) and parental allowance (“Elterngeld”) count as exceptions to this rule. 
• You must be able to speak German at level B1 and provide relevant evidence.
• You must have made pension insurance contributions for at least 60 months. The amount of contributions does not matter. Learn more in our chapter "Retiring in Germany".
• You must have enough living space for yourself and your family. Note: The standard size varies from state to state - ask the staff at the Immigration Office or a counselling centre nearby for more information.
• You must have a work permit.
• You must have successfully completed the orientation course. Find out more in our chapter "Integration course".
• You must not have committed any major offences (Minor convictions with fines of up to 90 days of income or suspended sentences of up to three months do not, in principle, affect your case)

If you meet all the prerequisites mentioned above, you can receive a permanent residence permit and settle in Germany.

For some groups of people, however, the requirements for obtaining a permanent residence permit are somewhat more straightforward.

* The information on this page has been reviewed and verified by our consulting lawyer, Astrid Meyerhöfer. 

If you came to Germany as a refugee and have been issued a residence permit for political or humanitarian reasons, upon fulfilment of certain pre-conditions, you can apply for a permanent residence permit (“Niederlassungerlaubnis”) after at least 5 or (in special cases) 3 years.

A permanent residence permit allows you to reside in Germany without having to extend your residence permit regularly. With a permanent residence permit, you may also choose to live anywhere within Germany, as residence restrictions will no longer apply.

In addition to the German permanent residence permit, there is also an EU permanent residence permit. With an EU permanent residence permit, you have the possibility of obtaining additional residence permits from other EU-countries. You can learn more in our chapter "EU permanent residence permit ".

If you are in Germany as a skilled worker or hold an EU Blue Card, you may be able to obtain a permanent residence permit under simplified conditions. You can find out more in our chapter on "Permanent Residence Permits".

When a child is born, the joy of parenting is often accompanied by various questions and concerns. Apart from general questions about pregnancy and childcare, refugee/migrant parents often have to address other issues, such as residence permit. In this chapter, you can learn about the residence rights to which you and your children are entitled when you have a child in Germany.

The Residence Permit for Vocational Training per § 16g Residence Act (“​​Aufenthaltserlaubnis zur Berufsausbildung”) is an alternative to the tolerated stay permit for vocational training (“Ausbildungsduldung”) available for people who are required to leave the country from March 1, 2024. Both options enable the holder to remain in Germany to go through vocational training. You can still opt for “Ausbildungsduldung” if you so choose, but the residence permit for vocational training has some advantages. You can find out what requirements you have to meet and further information here.

Many live in Germany with "Duldung" for years. But those with "Duldung" who meet specific requirements can also obtain a residence permit. If you do not meet all the conditions, you can seek advice from a counselling centre. You will find counselling centres nearby on our Local Information page. You can enter the name of your city and search for asylum, residence or legal counselling centres.

Please note: The months or years during which you have a "Duldung für Personen mit ungeklärter Identität" or "Duldung Light" (according to §60b of the Residence Act) are not counted as your pre-“Duldung” period. That means they don't count when you are required to be in Germany for a certain number of years to qualify for a certain type of residence permit. You can learn more in our chapter ""Duldung" for people with "Unclear Identities""

NEW: A new law known as “Chancen-Aufenthaltsrecht” has been recently introduced: It is intended to enable people with a “Duldung” to obtain a permanent right to stay. According to the law, the time you stayed in Germany with a "Duldung light" is also counted as your pre-“Duldung” period. You can read more about it in the section “Residence permit according to ‘Chancen-Aufenthaltsrecht’ (§104c Residence Act)” below.

Here, you will find useful information concerning residence permits for those who have applied for asylum in Germany. You will learn about the existing forms of protection available, the rights associated with them and the regulations regarding residence permit renewal.

If you have fled to Germany for political or humanitarian reasons and would like to stay here, you can apply for asylum. If your asylum application is accepted, you will be issued a residence permit. In Germany, there are three main forms of protection for refugees. As an asylum seeker, you may be recognised as being entitled to asylum, refugee status or subsidiary protection. In addition, the BAMF can also issue you a National Ban on Deportation ("nationales Abschiebungsverbot"). In this case, you will also receive a residence permit.

Under the revocation procedure, the protection status of individuals recognised as entitled to asylum, refugee status, subsidiary protection or a ban on deportation is re-evaluated. This means that the Federal Office for Migration and Refugees (BAMF) checks whether the person still needs protection. Revocation procedures only affect people whose asylum procedure has resulted in a positive outcome.

In reality, revocation procedures lead to an actual revocation of protection status in only a few cases. Nevertheless, it is crucial to be well prepared for the procedure and seek advice from a counselling centre or a lawyer.

The first weeks and months in Germany could be challenging for many. But the LGBTQIA+ members of the refugee community often face additional difficulties. Here you can find out what rights and possibilities you have as an LGBTQIA+ refugee.

Arriving in Germany and going through prolonged asylum procedures is difficult for all refugees, but asylum seekers with disabilities face even more challenges. Here you can learn more about your rights and opportunities as a refugee with disabilities in Germany.

You can find general information about living with a disability in Germany and available support options in our chapter "Living with disability".

Authorities or the media often talk about "safe countries of origin" ("sicheren Herkunftsländern" or "sicheren Herkunftsstaaten"). But to which countries do the term refer? Here we explain what a so-called "safe country of origin" is and how coming from such countries can affect your asylum procedure in Germany.

An "Ausbildungsduldung" (according to § 60c Residence Act) is an option for people whose asylum application has been rejected. With an “Ausbildungsduldung”, the person can, despite the rejection of their asylum application, stay in Germany and undergo vocational training. The “Ausbildungsduldung” is a form of tolerated stay or “Duldung” for the purpose of vocational training for individuals who cannot secure a livelihood in Germany– it allows one to stay in Germany for the duration of the training programme.

Good to know: Since 1 March 2024, persons who are required to leave the country (“Ausreisepflichtige Personen”) can also apply for an "Ausbildungsduldung" (according to Section 16g Residence Act) for which they must be able to secure their livelihood. Those who receive a vocational training grant (according to the 3rd Book of the Social Code or SGB III) can also obtain an “Ausbildungsduldun” in accordance with Section 16g Residence Act, regardless of whether they can secure a livelihood. You can find more details in our chapter on "Residence permit for vocational training (§16g Residence Act)".

If you find a job in your learned profession after completing your training, you will be granted a residence permit for 2 years. This is called "3 + 2" regulation ("3+2" Regelung).

So it pays to learn German as soon as possible after you arrive in Germany and start vocational training. Then, you can apply for a Tolerated Stay for the Purpose of Vocational Training ("Ausbildungsduldung") in case your asylum application is rejected. If your application for asylum has already been denied, or you have never applied for asylum, and you currently hold a "Duldung", it may be worth your while to apply for vocational training.

Since January 1, 2020, there is a new type of "Duldung" or tolerated stay permit: the so-called "Beschäftigungsduldung", which is regulated in §60d Residence Act. "Beschäftigungsduldung" is issued for those with a "Duldung" who already have a job and meet other requirements. Tolerated Stay for Working Professionals or "Beschäftigungsduldung" has two significant advantages over regular "Duldung":

1. As long as you have a "Beschäftigungsduldung", you cannot be deported.
2. As a holder of a "Beschäftigungsduldung", you can obtain a residence permit more quickly.

Important note: The "Beschäftigungsduldung" scheme was limited until in January 2024–when the regulation was introduced, it was due to expire on December 31, 2023. But the deadline is now lifted, which means you can still apply for a "Beschäftigungsduldung" if you meet the requirements.

In Germany, you will be registered as an "unaccompanied minor refugee" (or "umF") when you are under 18 years old and have come to Germany without your family. This applies to you whether you got separated from your parents in your way to Germany or had to flee your country without your parents. The same is the case if you have become separated from your family after arriving in Germany. Unaccompanied minor refugees are particularly vulnerable, so the rules and regulations applying to them are different from the rules and regulations for adult refugees or child refugees who fled to Germany along with their parent(s).

Foreign citizens who want to travel to Germany need a visa, except for citizens of other EU and Schengen countries - and some other third countries whose citizens are allowed to travel to Germany visa-free. You can find out whether you need a visa for Germany at auswaertiges-amt.de.

Here you can find information about the visa for visiting Germany, i.e. the visa for a (short-term) trip to Germany, which is officially known as "Schengen Visa Type C", "tourist visa" or "visitor visa".

If you are a migrant in Germany who is thinking about leaving, you can apply for financial and logistical support for your voluntary return to your home country or departure for resettlement in a third country. The voluntary return support programme in Germany is called the REAG/GARP programme, which is implemented by the International Organization for Migration (IOM). In these schemes, beside coverage of your travel costs, you can also receive financial starter grants. These grants should help you make a new start in your country of origin or a third country willing to issue you a residence permit. You can receive this aid within the frame of REAG / GARP- your nationality, however, is a deciding factor.