(3) A discretionary decision is taken regarding the length of the time limit of the entry and residence ban. It may not exceed five years, except in cases covered by subsections (5) to (5b).

(6) The authority carrying out the deportation may, to the extent necessary to carry out the deportation, search the home of the foreigner to be deported for the purpose of apprehending the foreigner. Searches of other persons’ homes are permitted only for the purpose of apprehending the foreigner to be deported if there are facts indicating that the foreigner is present on the premises to be searched. Subsection (5) sentence 3 applies accordingly.

(1) In order to enter and stay in the federal territory, foreigners require a residence title, in the absence of any provisions to the contrary in the law of the European Union or a statutory instrument and except where a right of residence exists as a result of the agreement of 12 September 1963 establishing an association between the European Economic Community and Turkey (Federal Law Gazette 1964 II, p. 509) (EEC/Turkey Association Agreement). Residence titles are granted in the form of

2.  to a national entity of another undertaking of the group of undertakings to which the undertaking located outside the European Union belongs and by which the foreigner is employed.

4.  the institution of insolvency proceedings against the entity’s assets has been refused for lack of assets, and its business has been wound up,

(5) The foreigner is to be issued with a certificate confirming the effect of the application (provisional residence document).

(2c) The EU Blue Card of a foreigner who moves to another member state of the European Union for the purpose of long-term mobility for holders of an EU Blue Card will not be revoked until the other member state has decided on the application for long-term mobility.

3.  collected pursuant to section 49 (5) no. 6 or transmitted by another member state to the Federal Republic of Germany on persons to be allocated in the federal territory on the basis of measures under Article 78 (3) of the Treaty on the Functioning of the European Union (TFEU) and included in the examination of cases for granting approval for admission by the Federal Office for Migration and Refugees

(5) The authority carrying out the deportation may, to the extent necessary to carry out the deportation, enter the home of the foreigner to be deported for the purpose of apprehending the foreigner if there are facts indicating that the foreigner is present. In forms of communal accommodation, sentence 1 also applies to the home of other persons and to areas used in common by all residents. The home comprises residential and secondary premises, working and business premises, production sites and other fenced-in property.

(5) The authority responsible for applying for detention may detain a foreigner without a prior judicial order and place such foreigner in temporary custody if

(2) Foreigners are obligated to take a job-related language training course if they are receiving benefits pursuant to Book Two of the Social Code and the institution providing basic income support for jobseekers has asked them to take such a course in accordance with section 15 (5) sentence 2 or (6) of Book Two of the Social Code, Labour market integration benefits pursuant to Book Two of the Social Code and active job promotion benefits under Book Three of the Social Code remain unaffected.

4.  whose entry into a member state of the European Union is subject to obligations arising from international treaties to facilitate the entry and temporary residence of specific categories of natural persons engaged in trade- or investment-related activities; this does not include foreigners who are residing in the territory of a member state of the European Union as intra-corporate transferees in accordance with Directive 2014/66/EU, or

(5b) If the foreigner is deported from the federal territory on the basis of a deportation order under section 58a, a permanent entry and residence ban is to be issued as a general rule. In the cases covered by subsection (5a) or where the foreigner has been expelled on the ground of an interest in expulsion under section 54 (1) no. 1, 2 or 2a, a permanent entry and residence ban may be issued in the individual case. Subsection (5a) sentences 3 and 4 applies accordingly.

(5) The authorities referred to in subsection (3) sentence 1 may process the data transmitted to them as far as necessary to discharge their statutory duties. Provisions regulating the transmission of data pursuant to other acts remain unaffected.

4.  the employment of the foreigner required to leave the federal territory has ensured his or her subsistence for the past 12 months before he or she applied for temporary suspension of deportation for the purpose of employment,

(5) Where a residence title is revoked or withdrawn or not extended under section 16b (1), sections 16e, 18d or 19e or if it expires after the period under section 7 (2) sentence 2 has been reduced, the Federal Office for Migration and Refugees informs the competent authorities of the other member state without delay, provided the foreigner is staying there under the scope of Directive 2016/801/EU and the Federal Office for Migration and Refugees is aware of this fact. The foreigners authority which has reached the decision transmits the necessary data to the Federal Office for Migration and Refugees without delay. The foreigners authorities may transfer the data from the Central Register of Foreigners required for notifications under sentence 1 to the National Contact Point by means of an automated process, using the Central Foreigners Register number. The Federal Office for Migration and Refugees notifies the competent foreigners authority without delay of any case where it has been informed by the competent authority of another member state that a residence title held by a foreigner who is residing in the federal territory under sections 16c, 18e or 18f and which comes under the scope of Directive 2016/801 (EU) has expired or been revoked, withdrawn or not extended.

(3) An application for temporary suspension of deportation for the purpose of vocational training may be made no earlier than seven months before the vocational training begins. A temporary suspension of deportation for the purpose of vocational training as referred to in subsection (1) sentence 1 no. 2 will be granted no earlier than six months before the vocational training begins. It will be granted if, at the time the temporary suspension of deportation for the purpose of training was applied for, the training contract had already been entered in the list of vocational training relationships at the responsible body, or such entry had been applied for, or, if such entry is not necessary, the training contract was concluded with the educational institution or a state or state-recognised educational institution has approved the training contract. The temporary suspension of deportation for the purpose of training is granted for the duration of vocational training as specified in the training contract.

(2) The Commissioner’s office is established at one of the supreme federal authorities and may be held by a Member of the German Bundestag. The Commissioner may also hold an office under the Act governing the Legal Status of Parliamentary State Secretaries (Gesetz über die Rechtsverhältnisse der Parlamentarischen Staatssekretäre), without requiring special approval (section 5 (2) sentence 2 of the Act governing Federal Ministers (Bundesministergesetz), section 7 of the Act governing the Legal Status of Parliamentary State Secretaries). In this case, discharge of the Commissioner’s duties remains unaffected by the legal status in accordance with the Act governing the Legal Status of Parliamentary State Secretaries.

a)  for full-time studies, with acceptance dependent on a condition which does not aim at attending measures to prepare for studies,

(4) Once the deportation warning is no longer subject to appeal, the foreigners authority is not to take into account in further decisions any circumstances constituting an obstacle to deportation to the state specified in the deportation warning and which occurred before the deportation warning was no longer subject to appeal; any other circumstances cited by the foreigner constituting an obstacle to deportation, or to deportation to the specified state, may be ignored. The provisions enabling the foreigner to assert the validity of the circumstances referred to in sentence 1 through a court of law by means of a legal action or the temporary relief procedure pursuant to the Code of Administrative Court Procedure remain unaffected.

(5) A foreigner who is enforceably required to leave the federal territory may be granted a temporary residence permit if departure is impossible in fact or in law and the obstacles to departure are not likely to be removed in the foreseeable future. As a general rule, the temporary residence permit is to be granted if deportation has been suspended for 18 months. A temporary residence permit may only be granted if the foreigner is prevented from leaving the federal territory through no fault of his or her own. Fault on the part of the foreigner applies in particular if he or she furnishes false information, deceives the authorities with regard to his or her identity or nationality or fails to meet reasonable demands to eliminate the obstacles to departure.

7.  if the foreigner leaves the federal territory and does not re-enter the federal territory within six months or within a longer period set by the foreigners authority,

(1) In the absence of a legal entitlement, a foreigner who has filed an application for asylum may be granted a residence title prior to the legally valid completion of the asylum procedure only with the approval of the supreme Land authority, and only when vital interests of the Federal Republic of Germany so require. In the cases of a legal entitlement pursuant to section 18a or 18b, a residence title may be granted prior to the legally valid completion of the asylum procedure only with the approval of the supreme Land authority, and only when vital interests of the Federal Republic of Germany so require.

1.  who reside in a member state of the European Union under the terms of an arrangement to provide temporary protection or who have filed an application for temporary protection status in another member state,

2.  has violated the provisions of another member state of the European Union on the mobility of intra-corporate transferees in the scope of Directive 2014/66/EU.

1.  if the foreigner furnishes proof, in the event of being required or allocated pursuant to subsections (1) to (3) to take up residence at another place, or in the event of being prohibited from taking up residence in a specific place pursuant to subsection (4), that

(4) Foreigners not holding a residence title may only be employed in short-term employment subject to quotas or in seasonal work under the Ordinance on the Employment of Foreigners (Beschäftigungsverordnung) if they have a work permit from the Federal Employment Agency, and they may only pursue another economic activity if an inter-governmental agreement, a law or a statutory instrument entitles them to do so without a residence title or if the competent authority has given its permission.

3.  single parents of minor children who, pursuant to section 10 (1) no. 3 of Book Two of the Social Code, cannot reasonably be expected to take up employment or

The Federal Ministry of the Interior, Building and Community may, via statutory instrument without the approval of the Bundesrat, replace the terms employed for persons in this Act with gender-neutral or masculine and feminine terms, provided that this is possible without altering the content of the provisions and is linguistically correct, and may undertake the subsequently necessary linguistic adaptations. The Federal Ministry of the Interior, Building and Community may publish the wording of this Act in the Federal Law Gazette after issuing a statutory instrument pursuant to sentence 1.

(1) The Federal Criminal Police Office provides official assistance in assessing the data which are collected under section 49 by the authorities entrusted with implementing this Act and which are transferred under section 73. It may also use the identification data it has stored in the discharge of its duties. The data collected under section 49 (3) to (5) and (8) and (9) are stored separately from other identification data. The data referred to in section 49 (7) are kept by the authority creating the records.

4.  in contravention of section 16g (4) or section 60d (3) sentence 3 fails to provide notification, or to provide it correctly, completely, in the prescribed manner or on time.

(2b) For as long as a foreigner who holds a temporary residence permit pursuant to section 25a (1) is a minor, the deportation of his or her parents or of one parent having the sole right of care and custody as well as of those minor children who live as a family unit with the parents or the parent having the sole right of care and custody is, as a rule, to be suspended.

5.  if they demonstrate English language skills corresponding to Level C1 of the Common European Framework of Reference for Languages,

(2) The points awarded for the features mentioned in subsection (1) sentence 1 are listed in the table annexed to this act. The requirement of section 20a (3) no. 2 is met if a foreigner is awarded the minimum number of points mentioned in the table.

(2) A temporary residence permit for the purpose of self-employment may also be granted if special privileges apply according to agreements under international law on the basis of reciprocity.

2.  the documents presented pursuant to section 16c (1) or section 18e (1) were fraudulently acquired, or falsified, or tampered with,

12.  Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).

Otherwise, the competent foreigners authority provides notification that it is not aware of any pertinent information. The Federal Office for Migration and Refugees forwards this information ex officio to the competent body of the inquiring member state of the European Union.

11.  Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L 289, p. 15).

(1) Foreigners living lawfully in the federal territory on a permanent basis receive support in integrating into the economic, cultural and social life of the Federal Republic of Germany and are expected to undertake commensurate integration efforts in return.

1.  who have applied for recognition of international protection status in a member state of the European Union and the final decision on their application is pending,

1.  the foreigner has a command of the German language necessary for the qualification measure; as a rule that is at least an elementary knowledge of the German language,

1.  the foreigner holds a residence title pursuant to section 23 (4), section 25 (1) or (2), section 26 (3) or possesses a permanent settlement permit in accordance with section 26 (4) after being granted a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative and the marriage already existed at the time when the foreigner established his or her main ordinary residence in the federal territory,

1.  has been incontestably sentenced to a prison term or a term of youth custody of at least two years for one or more intentionally committed offences, or preventive detention or placement in a psychiatric hospital pursuant to section 63 of the Criminal Code has been ordered in connection with the most recent incontestable conviction,

3.  educational and training assistance in accordance with Book Three of the Social Code, the Federal Training Assistance Act (Bundesausbildungsförderungsgesetz) or the Upgrading Training Assistance Act (Aufstiegsfortbildungsförderungsgesetz),

(1) A transport carrier may only transport foreigners into the federal territory if they possess the necessary passport and the necessary residence title.

(10) Elementary knowledge of the German language corresponds to Level A2 of the Common European Framework of Reference for Languages.

(3) As a general rule, foreigners are to be granted a temporary residence permit to work in skilled employment while waiting for their vocational qualification acquired abroad to be recognised, if

(4) In order to hinder or prevent activities which have led to an expulsion order pursuant to section 54 (1) nos. 2 to 5, to an order pursuant to subsection (1) sentence 2 no. 1 or to a deportation order pursuant to section 58a, the foreigner may also be obliged to refrain from contacting specific persons or persons in a specific group, to refrain from keeping company with them, from employing them, training or housing them and to refrain from using certain means of communication or communication services, insofar as means of communication remain at the foreigner’s disposal and the restrictions are necessary to prevent a serious threat to internal security or to the life and limb of others. To prevent the repetition of serious crimes which have led to an expulsion order pursuant to section 54 (1) no. 1, restrictions as referred to in sentence 1 may be ordered insofar as these are necessary to prevent a serious threat to internal security or to the life and limb of others.

2.  the transmission of the data would conflict with the person’s basic rights, the Convention Relating to the Status of Refugees of 28 July 1951 or the Convention on the Protection of Human Rights and Fundamental Freedoms, particularly because processing the transmitted data in the receiving state threatens to violate fundamental principles of the rule of law or human rights.

(1) The temporary residence permit in accordance with this Division may be issued and extended in each instance for a maximum of three years, but for no longer than six months in cases covered by section 25 (4), sentence 1 and (5) if the foreigner has not been legally resident in the federal territory for at least 18 months. In the cases covered by section 25 (1) sentence 1 and (2) sentence 1, the temporary residence permit is granted for three years. Foreigners who meet the requirements in section 25 (3) are issued with a temporary residence permit for at least one year. Temporary residence permits pursuant to section 25 (4a) sentence 1 and (4b) are issued and extended for one year in each instance, temporary residence permits pursuant to section 25 (4a) sentence 3 for two years in each instance; a longer period of validity is permissible in substantiated individual cases.

(2) The deportation of a foreigner is to be suspended for as long as deportation is impossible in fact or in law and no temporary residence permit is granted. The deportation of a foreigner is also to be suspended if the public prosecutor’s office or the criminal court considers his or her temporary presence in the federal territory to be appropriate in connection with criminal proceedings relating to a criminal offence, because it would be more difficult to investigate the facts of the case without information from the foreigner. Foreigners may be granted a temporary suspension of deportation if their continued presence in the federal territory is necessary on urgent humanitarian or personal grounds or due to substantial public interests. Where the recording of the acknowledgement of paternity or the mother’s consent to carry out a procedure pursuant to section 85a is suspended, the deportation of the foreigner acknowledging paternity, of the foreign mother or the foreign child is to be suspended until the procedure pursuant to section 85a has been concluded by means of an enforceable decision.

b)  for full-time studies, with acceptance dependent on attending a preparatory or comparable course, but the foreigner is unable to furnish proof of being accepted for a preparatory or comparable course pursuant to subsection (1) sentence 3 no. 2 or

(1) If the foreigner does not provide the access data needed to analyse devices used for telecommunications purposes, the commercial providers of telecommunication services or those involved in the provision of such services may be required, where the statutory conditions for processing the data are met, to provide information about the data used to protect access to devices or to storage devices located in these devices or separate from them (section 174 (1) sentence 2 of the Telecommunications Act (Telekommunikationsgesetz)).

(4) In the case of notifications under subsections (1) to (3), the foreigner’s personal details are transmitted for identification purposes. Where dependants who are living with the long-term resident as a family unit are also involved in cases covered by subsection (3), their personal details are also transmitted.

(3) The Federal Employment Agency may give its approval to the employment of foreigners irrespective of their qualification as a skilled worker, if

3.  the resources available to cover the foreigner's subsistence and accommodation costs and the minimum sum of pocket money the foreigner will have at his or her disposal throughout the stay, and

(9) If a foreigner enters the federal territory in contravention of a ban on entry and residence, the running of a fixed period is suspended during the foreigner’s stay in in the federal territory. The period may be extended in such cases, at the most, however, by the length of the original ban. The foreigner is to be informed of this possibility when the length of the ban is set for the first time. Subsections (3) and (4) sentence 1 apply accordingly to a ban extended in accordance with sentence 2.

(2) If the notification was made at the time referred to in subsection (1) sentence 2 and if the foreigner is not denied entry and residence in accordance with section 19f (5), the foreigner may enter the federal territory at any time during the validity of the residence title issued by another member state as referred to in subsection (1) sentence 1 no. 1 and stay there to study. If the notification was made at the time referred to in subsection (1) sentence 3 and if the foreigner was not denied entry and residence in accordance with section 19f (5), the foreigner may enter the federal territory and stay there to study. During the stay referred to in subsection (1), section 16b (3) applies subject to the proviso that if the foreigner’s stay is less than 360 days, the foreigner is only entitled to take up employment for a reduced number of days in the same proportion to the stay as allowed by the working day account.

1.  every foreigners authority keep a file system on foreigners who are or have been resident in their regions, who have filed an application with the authority or have provided the authority with notification of entry and residence and for or against whom the authority has taken a measure or a decision under the law on foreigners,

c)  has acquired a vocational qualification abroad by completing training whose content, duration and manner of execution meet the requirements of the Vocational Training Act (Berufsbildungsgesetz) and which is suited to enable the foreigner to work in an occupation with regulated training as defined in the Vocational Training Act or the Crafts Code (Handwerksordnung), with the qualification being granted by a German chamber of commerce abroad, and

(2) The following periods of time are counted towards the periods required under section 9a (2) sentence 1 no. 1: periods in which the foreigner

4.  the withdrawal or revocation of a residence title allowing the subsequent immigration of dependants to join holders of an ICT Card or a Mobile ICT Card.

(3) As a general rule, where parents share the right of care and custody, a temporary residence permit pursuant to subsections (1) or (2) is also to be granted for the purpose of joining just one parent, if the other parent has consented to the child’s residence in Germany or if a competent authority has reached a legally binding decision to this effect.

b)  held a position of employment continuously for two years in the federal territory with a foreign higher education qualification which is recognised or otherwise comparable to a German higher education qualification and which is commensurate with that employment, or

(3) In applying this Act, the provisions of the Civil Code determine whether a foreigner is regarded as a minor or an adult. If a foreigner is of age under the law of his or her home country, the foreigner’s legal capacity and capacity to contract remain unaffected.

2.  Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1). and

4.  carries another type of weapon in order to use said weapon in connection with the offence, if the offence concerns an act referred to in section 95 (1) no. 3 or (2) no. 1 (a),

3.  the foreigner exercises rights of care and custody for an unmarried minor residing lawfully in the federal territory or exercises a right of access to that minor,

(1b) A temporary residence permit issued pursuant to subsection (1a) is revoked if the employment relationship on which the issuance of the temporary residence permit was based is terminated for reasons relating to the person of the foreigner or if the foreigner has been convicted of an offence committed intentionally in the federal territory; fines totalling up to 50 daily rates or up to 90 daily rates in the case of offences which, under the Residence Act or the Asylum Act, can only be committed by foreigners are ignored as a general principle.

8.  the foreigner required to leave the federal territory and his or her spouse or civil partner have no links to extremist or terrorist organisations and do not support such organisations,

(4) A foreigner who has filed an application for asylum may be expelled only on the condition that the asylum procedure has been concluded by incontestable decision without granting the foreigner recognition as a person entitled to asylum or without recognising his or her entitlement to international protection (section 1 (1) no. 2 of the Asylum Act). The condition will be waived if

2.  the hosting agreement or an equivalent contract concluded with the host research organisation in the federal territory,

(1) A foreigner who is granted temporary protection on the basis of a decision by the Council of the European Union pursuant to Directive 2001/55/EC and who declares the willingness to be admitted into the federal territory is granted a temporary residence permit for the duration of the temporary protection as assessed in accordance with Articles 4 and 6 of said directive.

3.  Regulation (EC) no. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (OJ L 243, 15.9.2009, p. 1).

(2) The Federal Ministry of the Interior, Building and Community determines via a general administrative provision in consultation with the Federal Foreign Office and with due regard to the prevailing security situation in which cases the authorisation pursuant to subsection (1) will be used with regard to nationals of particular states and persons belonging to groups defined by any other means.

In all other cases, the obligation to leave the federal territory becomes enforceable only when the denial of the residence title or another administrative act requiring the foreigner to leave pursuant to section 50 (1) takes effect.

(1a) When providing official assistance under subsection (1) sentence 1, the Federal Criminal Police Office may, in order to establish the identity of the person concerned, also transmit the identification data referred to in subsection (1) sentence 1 to the public bodies of third countries which are responsible for examining the identity of persons, excepting the public bodies of the person’s country of origin and those of third states where he or she has reason to fear persecution or serious harm. The Federal Criminal Police Office is responsible for the lawfulness of the transmission. The Federal Criminal Police Office is to record the transmission and the reason for it. The body receiving personal data is to be notified that the data may be processed only for the purpose for which they were transmitted. Furthermore, the receiving body is to be informed of the date on which the data are to be deleted at the Federal Criminal Police Office.

2.  Directive 2011/95/EU of the European Parliament and the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12. 2011, p. 9).

(4) In consultation with the supreme Land authorities, the Federal Ministry of the Interior, Building and Community may, within the context of resettling persons seeking protection, order the Federal Office for Migration and Refugees to grant approval for admission to certain persons seeking protection who have been selected for resettlement (resettlement refugees). Subsection (2) sentences 2 to 4 and section 24 (3) to (5) apply accordingly.

1.  has a residence title pursuant to Division 5 which was not granted on the basis of section 23 (2) or has a comparable legal status in another member state of the European Union and has not been granted international protection status in the Federal Republic of Germany or another member state of the European Union; the same applies if the foreigner has applied for such a title or such legal status, and the decision on this application is pending,

(1) Custody awaiting deportation is enforced in specialised detention facilities. If no specialised detention facilities are available in the federal territory, or if the foreigner constitutes a significant threat to the life and limb of others or to significant legally protected internal security interests, custody awaiting deportation may be enforced in other penal institutions; in this case, detainees awaiting deportation are to be accommodated separately from prisoners serving criminal sentences. If several members of a family are detained, they are to be accommodated separately from other detainees awaiting deportation. They are to be guaranteed an appropriate degree of privacy.

(1) Foreigners who have the status of long-term residents in another member state of the European Union are granted a temporary residence permit if they wish to stay in the federal territory for more than 90 days. Section 8 (2) does not apply.

The same punishment is applicable to anyone who, in the cases covered by subsection (1) sentence 1 no. 1, acts in favour of a minor unmarried foreigner who enters the federal territory unaccompanied by a person having the right of care and custody or by a third person who has taken charge or care of him or her, even if this person has not committed an intentional illegal act. In less serious cases covered by sentence 2, the penalty is imprisonment for a period of six months to 10 years.

(4) As a general rule, a foreigner is to be granted a temporary residence permit for a year to have the occupational qualification acquired abroad recognised and the permit is to be extended by 12 months up to a maximum period of residence of three years, if the foreigner, on the basis of an agreement between the Federal Employment Agency and the employment administration of the foreigner’s country of origin, has been placed in a job

(7) In order to determine the foreigner’s country or region of origin, the foreigner’s spoken word may be recorded on audio and data media. Such recordings may only be made if the foreigner is informed beforehand.

(5) For the purpose of granting an EU Blue Card, the subsistence of a foreigner is deemed to be secure if the foreigner possesses a temporary residence permit in accordance with section 18a or 18b and does not change jobs.

2.  the other member state of the European Union granted the EU Blue Card on the basis of skills, knowledge and abilities gained from professional experience for the purpose of employment in an occupation which is not listed in Annex I of Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1).

1.  to provide for exemptions to the requirements for a residence title in order to facilitate the stay of foreigners, to regulate the procedure for the granting of exemptions and for the continued validity and further granting of residence titles under this Act upon a ground for exemption arising and to restrict exemptions for the purpose of controlling economic activity by foreigners in the federal territory,

(6) Where the foreigner has reached the federal territory by air and has not entered the country as defined in section 13 but has been refused entry, the foreigner is to be taken to the transit area of an airport or to a place of accommodation from which he or she is able to leave the federal territory if detention pending exit from the federal territory is not applied for. The foreigner’s stay in the transit area of an airport or in accommodation pursuant to sentence 1 requires a judicial order no later than 30 days after the foreigner’s arrival at the airport or, if the time of arrival is impossible to ascertain, after the competent authorities become aware of the foreigner’s arrival. The judicial order is issued to ensure that the foreigner leaves the federal territory. It is permitted only where exit is to be expected within the term of the order. Subsection (5) applies accordingly.

e)  has a temporary residence permit in accordance with section 7 (1) sentence 3 or Divisions 3, 4, 5 or 6 or sections 37 or 38, if the marriage existed at the time said permit was granted, and the foreigner’s stay in the federal territory is expected to exceed one year; this does not apply to a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative,

2.  the spouse is unable to provide evidence of a basic knowledge of German on account of a physical or mental illness or disability,

(3) A foreigner whose asylum application has been incontestably rejected or who has withdrawn the asylum application may be granted a residence title before leaving the federal territory only in accordance with the provisions of Division 5. If the asylum application has been rejected in accordance with section 30 (1), nos. 3 to 7 of the Asylum Act (Asylgesetz), no residence title may be granted before the foreigner leaves the federal territory. Sentences 1 and 2 do not apply if the foreigner is entitled to a residence title; further, sentence 2 is not applied if the foreigner meets the requirements for being granted a temporary residence permit pursuant to section 25 (3). No residence title pursuant to section 18a, 18b or 19c (2) may be granted before the foreigner leaves the federal territory if the foreigner’s asylum application has been incontestably rejected. Foreigners who have withdrawn their asylum application may be granted a residence title pursuant to section 18a, 18b or 19c (2) before leaving the federal territory only if they entered the federal territory before 29 March 2023; the same applies to a temporary residence permit granted according to Division 6 to the foreigner’s spouse and minor unmarried children.

b)  evidence that the foreigner will be able to return to an entity belonging to the same undertaking or group of undertakings established outside the European Union after completing the transfer.

(5) If the person concerned is employed by a legal entity, in particular an external service provider, the Federal Foreign Office also conducts a background check of the legal entity on the basis of the company name, designation, the legal entity’s entry in the Commercial Register and full address (local branch and main office). The Federal Foreign Office also conducts a background check of the owner and the managing director of the legal entity in the country in which the cooperation is planned. Subsection (1) sentences 2 and 3 and subsections (2) to (4) apply accordingly.

(1) A temporary suspension of deportation as referred to in section 60a is granted as a temporary suspension of deportation for persons whose identity is not verified to foreigners who are enforceably required to leave the federal territory, if they cannot be deported for reasons for which they themselves are responsible, because they brought about the obstacle to deportation by deceit concerning their identity or nationality or by furnishing false information or by failing to undertake reasonable efforts to acquire a passport or passport substitute as required by subsection (2) sentence 1 and subsection (3) sentence 1. Such foreigners are to be issued with a certificate confirming the suspension of deportation under section 60a (4) with the additional wording “for persons whose identity is not verified”.

(2) The foreigners authority decides whether deportation to a specific state is prohibited pursuant to section 60 (5) or (7) and whether grounds for exclusion exist pursuant to section 25 (3) sentence 3 nos. 1 to 4 only after consulting the Federal Office for Migration and Refugees.

(4b) A foreigner who has been the victim of a criminal offence pursuant to sections 10 (1) or 11 (1) no. 3 of the Act to Combat Clandestine Employment (Schwarzarbeitsbekämpfungsgesetz) or pursuant to section 15a of the Act on Temporary Employment Businesses (Arbeitnehmerüberlassungsgesetz) may also be granted a temporary residence permit for a temporary stay, even if the foreigner is enforceably required to leave the federal territory. The temporary residence permit may only be issued if

6.  re-apply for a passport or passport substitute as far as reasonable and undertake the efforts referred to in nos. 1 to 5 again if there is a good chance that the authorities of the country of origin will issue the passport or passport substitute due to a change in the law or circumstances and if the foreigners authority requires the foreigner to undertake these efforts again.

5.  the foreigner has a command of the German language necessary for the envisaged employment, or at least an elementary knowledge of the German language, and

(7) This provision serves to implement Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1).

1.  the foreigner has deceived the authorities responsible for enforcing this law regarding his or her identity or in a way relevant for an obstacle precluding deportation and around the same time as the deportation, in particular by suppressing or destroying identity or travel documents or claiming a false identity, and has not corrected the information him- or herself,

4.  cohabits with a German dependant or civil partner in a family unit or a registered civil partnership, exercises rights of care and custody for a minor, unmarried German or exercises a right of access to that minor,

(4a) Liability pursuant to subsection (4) no. 1 is to be waived if the employer has fulfilled his or her obligations pursuant to section 4a (5) and the notification obligation pursuant to section 28a of Book Four of the Social Code in conjunction with sections 6, 7 and 13 of the Data Collection and Transfer Ordinance (Datenerfassungs- und -übermittlungsverordnung) or pursuant to section 18 of the Posted Workers Act (Arbeitnehmer-Entsendegesetz), unless the employer was aware that the foreigner’s residence title or the certificate confirming permission to remain pending the asylum decision or confirming suspension of deportation was forged.

4.  revocation of the foreigner’s residence title pursuant to section 52 (1) sentence 1 no. 4 in the cases covered by section 75 (2) sentence 1 of the Asylum Act,

(1a) Where deportation has been suspended pursuant to section 60a (2) sentence 3 in conjunction with section 60c, a temporary residence permit is to be granted for a period of two years after the foreigner has successfully concluded this vocational training for employment commensurate with the vocational qualification acquired if the conditions referred to in subsection (1) nos. 2 to 3 and 6 to 7 are met

5.  such a residence permit is not precluded by reasons of public safety or order, taking into account the severity or the nature of the breach of public safety or order or the danger emanating from the foreigner, and the duration of the foreigner’s stay to date and the existence of ties in the federal territory and

(4) The foreigners authorities, the Länder police authorities and, in carrying out their legally mandated duties, the Federal Police and other authorities charged with policing cross-border traffic are responsible for the measures necessary under sections 48, 48a and 49 (2) to (9). The authorities initiating allocation pursuant to section 15a are also responsible in cases covered by section 49 (4). The diplomatic missions abroad authorised by the Federal Foreign Office are also responsible in the cases covered by section 49 (5) nos. 5 and 6. In the cases covered by section 49 (8) and (9), the reception centres referred to in section 44 of the Asylum Act and the branch offices of the Federal Office for Migration and Refugees are also authorised by way of administrative assistance to carry out measures to identify foreign children or juveniles who entered the federal territory unaccompanied; as a rule, these measures are to be carried out in the presence of the youth welfare office, after it has been informed to take the child or young person temporarily into care, and in a child-appropriate manner.

(1) Subject to the conditions stipulated in section 48 (1), the authorities entrusted with enforcing this Act may retrieve the biometric and other data stored on the electronic storage and processing medium of a document in accordance with section 48 (1) nos. 1 and 2, obtain the required biometric data from the holder of the document and compare the biometric data. All other authorities to which data are transmitted from the Central Register of Foreigners under sections 15 to 20 of the Act on the Central Register of Foreigners (Gesetz über das Ausländerzentralregister) and the registration authorities are also authorised to take measures pursuant to sentence 1, insofar as they are permitted to verify the authenticity of the document or the holder’s identity. Biometric data within the meaning of sentence 1 comprise only the fingerprints and the photograph.

1.  if the training programme is designed to enable the foreigner to gain knowledge, practice and experience in a work environment,

(3) Residence on the basis of section 81 (3) sentence 1 and (4) sentence 1 will be considered lawful residence within the meaning of subsections (1) and (2) only if the application for issuing or extending the residence title was granted.

By way of exception, the order for custody to secure deportation pursuant to sentence 1 no. 2 may be waived for foreigners who credibly assert that they do not intend to evade deportation. Custody to secure deportation is not permitted if it is established that it will not be possible to carry out deportation within the next six months for reasons beyond the foreigner’s control. In derogation from sentence 3, foreigners posing a significant threat to the life and limb of others or to significant legally protected internal security interests may be taken into custody to secure deportation even if they cannot be deported within the next six months.

(2) If pursuing an employment is banned or restricted by law, pursuing an economic activity or an economic activity going beyond the restriction requires permission; such permission may be subject to approval by the Federal Employment Agency under section 39. The Federal Employment Agency may restrict its approval. If permission does not require approval by the Federal Employment Agency, section 39 (4) applies to the issuing of permission and section 40 (2) or (3) applies accordingly to the denial of permission.

(4) Upon application, staff of relevant aid and assistance organisations are, as a general rule, to be permitted to visit detainees awaiting deportation.

The host entity must make the notification when the foreigner applies for a residence title in the scope of Directive 2014/66/EU in another member state of the European Union. If, at the time of application, the host entity in the other member state is not yet aware of the foreigner’s intention to be transferred to an entity in the federal territory, it is to make the notification as soon as it becomes aware of this intention. If the residence title pursuant to sentence 1 no. 1 has been issued by a non-Schengen state, and if the foreigner enters the federal territory via a non-Schengen state, the foreigner must carry a copy of the notification and present it to the competent authorities at their request.

(5) Once a foreigner has been denied entry and residence under subsection (3) or the Federal Office for Migration and Refugees has issued a certificate within the meaning of subsection (4), responsibility for further measures and decisions under residence law rests with the foreigners authority, as set out in section 71 (1). The foreigner must inform the foreigners authority without delay if the other member state extends the residence title in accordance with subsection sentence 1 no. 1.

(5a) If the deportation of a foreigner who has children under age 12 is suspended for more than a year, the foreigner is to be notified of the planned deportation at least one month in advance when the suspension is revoked as referred to in subsection (5) sentence 2; the notification is to be repeated if the suspension has been renewed for more than a year. Sentence 1 does not apply if the foreigner brought about the obstacle to deportation by intentionally furnishing false information or by own deceit concerning his or her identity or nationality or if he or she fails to meet reasonable requirements to cooperate in removing obstacles to departure.

(1) Personal data and other information are not transmitted under section 87, if such transmission conflicts with special statutory regulations on the processing of data.

1.  the conditions and the procedure for granting approval by the Federal Employment Agency; an alternative procedure for labour-market tests may be regulated as well,

b)  “AS” for residence titles of the type referred to in section 28 sentence 2 of the Ordinance Governing Residence (Aufenthaltsverordnung),

a)  completed quality vocational training in a state-recognised or similarly regulated occupation, state-recognised training governed by federal or Land law as a health-care assistant, or higher education studies, or

and, where pertinent, specify the desired information in precise terms. The Federal Office for Migration and Refugees forwards information which it receives to the competent foreigners authorities and diplomatic missions abroad. The foreigners authorities and diplomatic missions abroad may process the data transmitted in the information furnished by the competent bodies of other member states of the European Union for this purpose.

(4) Without prejudice to subsection (2) sentence 4, claiming benefits under Book Two or Book Twelve of the Social Code does not preclude extension of the temporary residence permit. The temporary residence permit may thus be extended as long as the conditions for granting the permanent settlement permit or EU long-term residence permit have not been met.

or that such a measure has been carried out, or a corresponding deportation order under section 58a has been issued or carried out. The notification states the primary reason for terminating the foreigner’s stay. The notification takes place as soon as the German authority ordering the measure concerned in accordance with section 71 informs the Federal Office for Migration and Refugees of the intended or effected measure. To this end, the authorities referred to in sentence 3 transmit the necessary information to the Federal Office for Migration and Refugees without delay.

(8) Searches under subsection (6) may only be ordered by a judge or, in case of danger in delay, by the authority carrying out the deportation. After entering the home in accordance with subsection (5), the fact that the foreigner was not found there cannot be used to justify the assumption of danger in delay.

(1) The EU long-term residence permit is a permanent residence title. Section 9 (1), sentences 2 and 3 apply accordingly. In the absence of any provisions to the contrary in this Act, the EU long-term residence permit is equivalent to the permanent settlement permit.

(3) In the case of minors in custody awaiting deportation, the needs of persons their age are to be taken into account in accordance with Article 17 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98). Particular attention is to be paid to the situation of vulnerable persons.

1.  evidence that the foreigner possesses a valid residence title for research purposes issued by another member state in accordance with Directive 2016/801/EU,

The requirements of sentence 1, nos. 7 and 8 are deemed to be fulfilled if the foreigner has successfully completed an integration course. These requirements are waived if the foreigner is unable to fulfil them on account of a physical or mental illness or disability. In all other cases, the requirements of sentence 1, nos. 7 and 8 may also be waived to prevent hardship. Further, the aforesaid requirements are waived if the foreigner is able to communicate verbally in the German language at a basic level and was not entitled to participate in an integration course pursuant to section 44 (3), no. 2 or was not obliged to participate in an integration course pursuant to section 44a (2), no. 3. The requirements of sentence 1, nos. 2 and 3 are also waived if the foreigner is unable to fulfil them for the reasons stated in sentence 3.

4.  it appears, on the basis of the foreigner’s education and way of life to date, that the foreigner will be able to become integrated in the way of life in the Federal Republic of Germany and

(3) In accordance with the following sentences, the temporary residence permit only entitles the holder to employment of up to a total of 140 working days per year (working day account). Student jobs are not counted. Part-time employment will be counted as follows in the way most favourable for the foreigner:

2.  whose application under section 71 or section 71a of the Asylum Act repeatedly did not lead to a follow-up asylum procedure.

3a.  to define detailed aspects of the procedure relating to the issuance of residence titles to researchers pursuant to section 18d, in particular

The same applies to the parents of a foreign minor holding a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative, if no parent possessing the right of care and custody is resident in the federal territory; section 5 (1) no. 1 and section 29 (1) no. 2 do not apply. The above-mentioned groups of persons have no entitlement to subsequent immigration of dependants. Sections 22, 23 remain unaffected.

2.  if there are other reasons to believe that the foreigner intends to re-enter the federal territory unlawfully, following refusal of entry or the termination of residence in the federal territory;

(1) For the purpose of full-time studies at a state or state-recognised university or a comparable educational institution, a foreigner is granted a temporary residence permit if he or she has been accepted by the educational institution. Residence for study purposes also extends to measures to prepare for studies and compulsory training. Measures to prepare for studies are

4.  Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorized entry, transit and residence (OJ L 328, p. 17),

(2a) The employer is required to pay the foreigner the remuneration reported to the Federal Employment Agency under section 39 (4) and on which the approval or work permit is based.

(4) Subsection (3) is not to be applied to the extension of a temporary residence permit granted pursuant to section 25 (1), (2) or (3).

(2) The Federal Office for Migration and Refugees may use these data if necessary for granting residence, allocating admitted foreigners to places of residence in the federal territory, relocating admitted foreigners to other member states of the European Union, reunifying families and promoting voluntary return.

(2) As a rule, the foreigner is to be granted a permanent settlement permit if he or she has possessed a temporary residence permit for three years, the family unit with the German continues to exist in the federal territory, there is no public interest in expelling the foreigner and the foreigner has a sufficient command of the German language. Section 9 sentences 2 to 5 applies accordingly. In all other cases, the temporary residence permit is extended as long as the family unit continues to exist.

(1) The Federal Foreign Office carries out background checks to determine any security reservations concerning persons who are or are to be entrusted with discharging one or more tasks in the visa procedure, in particular recording biometric identifiers, and who are not seconded members of the Foreign Service or Foreign Service staff employed in Germany or employees of the Federal Agency for Foreign Affairs (persons concerned). At regular intervals and as occasion demands, the Federal Foreign Office conducts repeat background checks of the persons referred to in sentence 1. The background check is carried out after the person concerned has provided written consent.

(1) A foreigner may be issued with a temporary residence permit for training purposes in accordance with Directive 2016/801/EU, if the Federal Employment Agency has granted approval in accordance with section 39 or it has been determined by the Ordinance on the Employment of Foreigners or by intergovernmental agreement that such training is permissible without approval from the Federal Employment Agency, and

3.  inform the competent foreigners authority within four weeks of having learnt of the fact that the employment for which a residence title was granted in line with Chapter 2 Division 4 was terminated earlier than envisaged.

(6) Where dependants subsequently immigrate to rejoin a foreigner who is subject to an obligation or allocation pursuant to subsections (1) to (4), the obligation or allocation also applies to the dependants subsequently immigrating at most until the period applicable to the foreigner referred to in subsection (1) expires, unless the competent authority has ordered otherwise. Subsection (5) applies accordingly to the subsequently immigrating dependants.

b)  despite a legal obligation, has failed to cooperate in measures taken by the authorities responsible for implementing this Act or the Convention Implementing the Schengen Agreement, provided that the foreigner was informed beforehand of the legal consequences of such action,

(1) The minor unmarried child of a foreigner is to be granted a temporary residence permit if the parents or the parent having the sole right of care and custody hold one of the following residence titles:

b)  age limits for the collection of fingerprints and exemptions from the obligation to submit fingerprints and photographs,

(1) The Federal Ministry of Labour and Social Affairs may determine the following, by means of statutory instruments (Ordinance on the Employment of Foreigners) with the approval of the Bundesrat:

(4) The requirements stipulated in subsection (1) sentence 2 nos. 2 and 3 and subsection (3) sentence 1 no. 3 are to be waived if the foreigner is unable to fulfil them on account of a physical or mental illness or disability.

(3) As a rule, courts of law, prosecuting authorities and penal authorities are to furnish the customs administration authorities with findings from other proceedings which they consider necessary in prosecuting administrative offences under section 98 (2a) no. 1 and (3) no. 1, unless it is apparent to the body furnishing such information that the legitimate interests of the data subject or other parties involved in the proceedings in excluding such information prevail. Due consideration must be accorded to how well substantiated the findings to be communicated are.

4.  if they demonstrate an elementary command of the German language, unless they are awarded points for demonstrating language skills as referred to in no. 2 or 3,

c)  has, in the case covered by section 18g (2), skills, knowledge and abilities gained from work experience which meet all the requirements of section 18g (2) and are necessary to be employed in an occupation which belongs to Group 133 or 25 according to the Commission Recommendation of 29 October 2009 on the use of the International Standard Classification of Occupations (ISCO-08) (OJ L 292, 10.11.2009, p. 31),

(4) Foreigners who are subject to the obligation under subsection (1) may, in order to prevent social exclusion, also be prohibited, until the expiry of the period referred to in subsection (1), from taking up residence in a specific place, in particular if it is to be expected that they will not use German as their main language of communication there. This decision is to take into account the situation of the local vocational training and labour market.

a)  for the purpose of employment in an occupation requiring a higher education qualification for which studies last at least three years and the member state has classified as at least Level 6 of the International Standard Classification of Education (ISCED) or Level 6 of the European Qualifications Framework,

(6) Temporary protection within the meaning of this Act is the granting of residence in application of Council Directive 2001/55/EC of 20 July 2001 on minimum standards for the granting of temporary protection in the case of the mass influx of displaced foreigners and on measures to promote the balanced distribution of the burdens associated with the admission of these persons and the consequences of such admission among the member states (OJ L 212, 7.8.2001, p. 12).

(1) A foreigner residing in the federal territory on a permanent basis is entitled to one-time enrolment in an integration course

After 1 January 2016, measures and obligations under section 54a (1) to (4) in the version applicable until 31 December 2015 which were introduced or which applied before 1 January 2016 are regarded as measures and obligations within the meaning of section 56 in the version applicable as from 1 January 2016.

(4) The ban on entry and residence may be revoked or shortened in order to uphold the legitimate interests of the foreigner, or if it is no longer required for the purpose for which it was imposed. As a general rule, the ban on entry and residence is to be revoked if the conditions for issuing a residence title pursuant to Chapter 2 Division 5 are met. When deciding whether the time limit of a residence and entry ban is to be shortened or whether the ban issued together with an expulsion order is to be revoked altogether, it is to be taken into account whether the foreigner met the obligation to leave the country within the period set for departure, unless the foreigner was prevented through no fault of his or her own from leaving or the period allowed for departure has been exceeded by an insignificant amount of time. The time limit of the entry and residence ban may be extended on the grounds of public safety and order. Subsection (3) applies accordingly.

2.  the Federal Office for Migration and Refugees has not indicated in accordance with section 73b (3) of the Asylum Act that the conditions for revocation or withdrawal have been met,

As a general rule, the integration course is to be flanked by additional integration measures organised by the Federation and the Länder, in particular social education and migration-specific advising services. The Federal Ministry of the Interior, Building and Community or the body appointed by it is developing a nationwide integration programme which identifies, in particular, the existing integration measures for foreigners and ethnic German resettlers which are available from the Federation, Länder, local authorities and private organisations, and makes recommendations on the further development of the integration measures. The Länder, local authorities, the federal, Land and municipal foreigners commissioners and the Federal Government Commissioner for Matters Related to Ethnic German Resettlers are involved in developing the nationwide integration programme and in compiling informational materials on existing integration measures. As a rule, religious communities, trade unions, employers’ associations, voluntary welfare organisations and other social interest groups are also to be involved.

(2) If the Federal Office for Migration and Refugees enlists the services of private or public institutions to provide migration advisory services pursuant to section 75 no. 9, these institutions are permitted to transmit to the Federal Office for Migration and Refugees aggregated data on the advisory services provided.

(9) In the cases covered by subsection (8), a foreigner who has filed an application for asylum may, in derogation from the provisions of the Asylum Act, be notified of intention to deport and duly deported. Subsections (2) to (7) remain unaffected.

(3) The temporary residence permit entitles its holder to take up employment if the Federal Employment Agency has granted approval in accordance with section 39 (3). The temporary residence permit entitles its holder to take up self-employment, if the requirements referred to in section 21 are met. Where the residence title pursuant to subsection

(4) In all other cases, a foreigner who possesses a temporary residence permit in accordance with this Division may be granted a permanent settlement permit if the conditions stipulated in section 9 (2) sentence 1 are met. Section 9 (2) sentences 2 to 6 applies accordingly. In derogation from section 55 (3) of the Asylum Act, the duration of residence during the asylum procedure before the temporary residence permit was granted counts towards this qualifying period. Section 35 may be applied accordingly to children who entered Germany before reaching the age of 18.

(4) If a foreigner who is under investigation on suspicion of having committed a criminal offence applies for issuance or extension of a temporary suspension of deportation for the purpose of employment, the decision on the temporary suspension of deportation for the purpose of employment is suspended until the attendant proceedings are completed and, in the case of a court ruling, until it is no longer subject to appeal, unless it is possible to reach a decision on the temporary suspension of deportation for the purpose of employment without considering the outcome of the proceedings.

Subject to the conditions stipulated in section 48 (2) or (4), a document under sentence 1 may be marked to indicate that it is a substitute identity document and that the personal details contained therein are based on the information furnished by the holder. The signature of the applicant as required by sentence 3 no. 13 must be submitted if he or she is 10 years of age or older at the time of applying for the document. On request, documents referred to in sentences 1 and 2 may, in case of a sex change in accordance with section 45b of the Civil Status Act, be issued with information on the holder’s previous sex, if this was male or female. This information has no further effect in law. For a permanent settlement permit (section 9) or an EU long-term residence permit (section 9a), it is not necessary to provide the information referred to in subsection (1) sentence 3 nos. 10 and 11 if a recognised and valid passport is presented when applying for these residence titles.

(4) Subsection (3) applies accordingly to the prime contractor and all intermediate contractors without a direct contractual relationship to the employer unless the prime contractor or the intermediate contractor was not aware that the employer employed foreigners who lack the authorisation for employment required pursuant to section 284 (1) of Book Three of the Social Code or the authorisation to pursue an economic activity required pursuant to section 4 (5).

Permanent residence is generally assumed if the foreigner is granted a temporary residence permit valid for at least one year or has held a temporary residence permit for more than 18 months, unless the stay is of a temporary nature.

5.  prevents another person from participating in life in the Federal Republic of Germany on an economic, cultural or social level by reprehensible means, in particular through the use or threat of violence,

(1) Data are transmitted in the course of visa procedures from German diplomatic missions abroad to the authorities involved in the visa procedure and then back again to the German diplomatic missions abroad by means of an automated process via a technical device for supporting the visa procedure operated by the Federal Foreign Office. The technical device ensures the complete, correct and punctual transmission of data referred to in sentence 1. To this end the data referred to in sentence 1 are stored in the technical device.

(3) Sections 31 and 34 apply subject to the proviso that the foreigner’s residence title is replaced by the habitual residence of the German in the federal territory. The temporary residence permit granted to a parent of a minor unmarried German for the purpose of care and custody is to be extended also after the child has come of age as long as the child lives with the foreigner in a family household and is in education or training which leads to a recognised school, vocational or higher education qualification.

(4) A residence title under Chapter 2 Divisions 3 and 4 which was issued before 1 March 2020 retains its validity, as do the ancillary provisions attached to it in accordance with the background and residence purpose for which it was issued.

4.  cases where foreigners who possess a temporary suspension of deportation or other foreigners who do not possess a residence title may be allowed to pursue employment under section 4a (4),

(1) The foreigners authorities immediately notify the competent registration authorities when they obtain information indicating that the data stored in the register on foreigners who are obliged to register with the authorities are incorrect or incomplete. They notify the registration authorities in particular when a foreigner who is obliged to register with the authorities

–  information as to whether the person departed voluntarily, was deported or removed, as well as information as to whether the person is subject to expulsion.

2.  details regarding the procedure to be carried out by the diplomatic missions abroad, in agreement with the Federal Foreign Office but not requiring approval by the Bundesrat.

(9) Basic knowledge of the German language corresponds to Level A1 of the Common European Framework of Reference for Languages (Recommendation no. R(98)6 of 17 March 1998 of the Committee of Ministers of the Council of Europe to Member States concerning the Common European Framework of Reference for Languages – CEFR).

(1b) A geographic restriction in accordance with subsections (1) and (1a) expires if the foreigner has resided in the federal territory for three months without interruption either with a temporary residence permit or permanent settlement permit, with a temporary suspension of deportation or with permission to remain pending the asylum decision.

3.  if the future employer or his or her representative as authorised by statutes or law has been subject to an incontestable fine within the past five years for a breach of section 404 (1) or (2) no. 3 of Book Three of the Social Code, or if they have been subject to an incontestable fine or convicted to a term of imprisonment for a breach of sections 10, 10a or 11 of the Act to Combat Clandestine Employment or of sections 15, 15a or 16 (1) no. 2 of the Act on Temporary Employment Businesses; this applies accordingly to the host entity in the case of an intra-corporate transfer pursuant to section 19 or 19b.

(6) The Federal Government is authorised to issue statutory instruments with the approval of the Bundesrat to determine states whose nationals are denied specific or all residence titles under Chapter 2 Divisions 3 and 4, if there is a considerable increase in the number of said nationals whose applications for asylum in connection with Chapter 2 Divisions 3 and 4 have been rejected as manifestly unfounded.

2.  the requirements for prohibiting them from leaving the country in accordance with section 10 (1) of the Passport Act are met and presenting, handing over and temporarily leaving the foreign passport or passport substitute with the authorities is necessary to carry out or ensure the departure ban.

3.  life, limb or liberty of the spouse, the minor unmarried child or the parents of a foreign minor are at serious risk in the state of residence, or

a)  the foreigner agrees to initiate, immediately after entering Germany at the latest, the procedure for recognising the foreign occupational qualification with the body responsible according to federal or Länder regulations for the recognition of occupational qualifications, and

(1) In derogation from section 5 (1) no. 1 and section 29 (1) no. 2, a temporary residence permit is to be issued to the parents of a minor foreigner who possesses a temporary residence permit pursuant to section 23 (4), section 25 (1) or (2) sentence 1 first alternative, a permanent settlement permit pursuant to section 26 (3) or a permanent settlement permit under section 26 (4) after being granted a temporary residence permit pursuant to section 25 (2) sentence 1 second alternative, if no parent possessing the right of care and custody is resident in the federal territory.

(1) The Federal Ministry of the Interior and Community is authorised to issue statutory instruments with the approval of the Bundesrat

(4) The electronic storage and processing medium of a document referred to in subsection (1) may be designed as a qualified electronic signature creation device pursuant to Article 3 no. 23 of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). Certification in accordance with Article 30 of Regulation (EU) No 910/2014 is carried out by the Federal Office for Information Security. The provisions of the Trusted Services Act (Vertrauensdienstegesetz) remain unaffected.

3.  the foreigner has a school-leaving certificate issued by a German school abroad or a school-leaving certificate entitling the holder to access to higher education in the federal territory or in the country where the school-leaving certificate was acquired, and

a)  by virtue of a temporary residence permit under section 19c, where the time limit on the approval granted by the Federal Employment Agency is based on a maximum term of employment imposed pursuant to section 42 (1),

(2) Custody as referred to in subsection (1) ends when the decision of the Federal Office for Migration and Refugees is served but no later than four weeks after the asylum application has been received by the Federal Office for Migration and Refugees unless the application was denied as inadmissible under section 29 (1) no. 4 of the Asylum Act or as manifestly unfounded. In cases in which the asylum application was denied as inadmissible under section 29 (1) no. 4 of the Asylum Act or as manifestly unfounded, custody ends according to subsection (1) when the time limit referred to in section 36 (3) sentence 1 of the Asylum Act expires; if the application was filed on time, custody ends with the court ruling. In cases in which the appeal against the deportation warning pursuant to section 80 (5) of the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung) has been denied by the administrative court, custody ends no later than one week after the court ruling.

(2) To conduct the background check, the German diplomatic mission abroad collects the surname, given names, name at birth and other names, sex, date and place of birth, nationality, place of residence and particulars of the identity document (in particular type of document and document number) of the person concerned and transmits these data via the Federal Foreign Office to the federal law enforcement agencies and offices for the protection of the constitution, to the Federal Intelligence Service, the Military Counter-Intelligence Service, the Federal Criminal Police Office and the Customs Criminological Service to ascertain any security reservations. The security authorities and intelligence services referred to in sentence 1 immediately notify the Federal Foreign Office of any security reservations.

3.  single parents who are temporarily reliant on social benefits and who cannot reasonably be expected to take up employment pursuant to section 10 (1) no. 3 of Book Two of the Social Code,

2.  the child has been lawfully resident in Germany or resident in Germany by virtue of suspended deportation for at least six years,

The requirements stipulated in sentence 1 may be waived if the prerequisites for granting a residence title are met; the requirements stipulated in sentence 1 are to be waived if special circumstances in the individual case concerned render a subsequent visa application procedure unreasonable. Sentence 2 does not apply to granting an ICT Card.

Entry and residence pursuant to sentence 1 nos. 1 and 2 are to be denied no later than 30 days after the Federal Office for Migration and Refugees has received the complete notification pursuant to section 16c (1) sentence 1 or section 18e (1) sentence 1. In cases covered by sentence 1 no. 4, the foreigners authority may deny entry and residence at any time during the foreigner’s stay; section 73 (3c) applies accordingly. The foreigner and the competent authority of the other member state as well as the notifying entity are to be informed of the denial in writing.

(7) As a rule, foreigners are not to be deported to another state in which they face a substantial concrete threat to life and limb or liberty. Section 60a (2c) sentences 2 and 3 applies accordingly. A substantial concrete threat for health reasons only exists in the case of life-threatening or serious illness which would significantly worsen if the foreigner is deported. It is not necessary for medical care in the state of destination to be equivalent to medical care in the Federal Republic of Germany. Sufficient medical care generally also exists where it is guaranteed only in part of the state of destination. Threats as referred to in sentence 1 to which the population or the segment of the population to which the foreigner belongs are generally exposed are to be taken into account in orders pursuant to section 60a (1) sentence 1.

2.  the Federal Office for Migration and Refugees has not informed the foreigners authority in accordance with section 73b (3) of the Asylum Act that the conditions for revocation or withdrawal of asylum status, refugee status or subsidiary protection have been met,

Operators of commercial airports are obliged to provide suitable accommodation on the airport premises for foreigners who do not possess the necessary passport or the necessary visa until the decision on admission is enforced by the border police.

are required to furnish the foreigners authorities with personal data on foreigners, information on official acts and other measures relating to foreigners and other information on foreigners without prior request; the statutory instrument defines the type and scope of data, the measures and the other items of information to be transferred; data may only be provided where necessary for the foreigners authorities to discharge their duties under this Act or in accordance with provisions relating to foreigners in other acts,

1.  collected pursuant to section 16 (1) sentence 1 of the Asylum Act or section 49 (5) no. 5, subsections (8) and (9) or transmitted under Article 21 of Regulation (EU) No 604/2013 from another member state to the Federal Republic of Germany concerning persons whom another member state has asked the Federal Republic of Germany to take charge of or take back under Regulation (EU) No 604/2013,

(2a) The deportation of a foreigner is to be suspended for one week where his or her removal or deportation has failed, custody awaiting deportation is not ordered and the Federal Republic of Germany is obliged to readmit the foreigner by virtue of a legal provision, in particular Article 6 (1) of Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L 321, 6.12.2003, p. 26). Suspension pursuant to sentence 1 may not be extended. The foreigner is to be allowed to enter the federal territory.

2.  attending a preparatory or comparable course prior to studying, if the foreigner can prove that he or she has been accepted for the preparatory or comparable course.

2.  the foreigner is enforceably required to leave the federal territory on account of having entered the territory unlawfully or has become enforceably required to leave the federal territory after having entered the territory lawfully,

2a.  threatens the security of the Federal Republic of Germany; this is assumed to be the case where there is reason to believe that the foreigner is or has been a member of an organisation as referred to in section 129 of the Criminal Code,

5.  for recognising a research organisation for the purpose of concluding hosting agreements or an equivalent contract pursuant to section 18d: 220 euros,

b)  demonstrates English language skills corresponding at least to Level B2 of the Common European Framework of Reference for Languages.

6.  there is proof or concrete indications that the foreigner would reside for purposes other than those for which he or she is applying for the temporary residence permit.

(2) If the notification was made at the time referred to in subsection (1) sentence 2, and if the foreigner has not been denied entry and residence under subsection (4), the foreigner may enter the federal territory at any time during the validity of the residence title issued by the other member state as referred to in subsection (1) sentence 1 no. 1 and stay there for the purpose of the intra-corporate transfer. If the notification was made at the time referred to in subsection (1) sentence 3, the foreigner may enter the federal territory at any time after the notification is received and during the validity of the residence title issued by the other member state as referred to in subsection (1) sentence 1 no. 1 and stay there for the purpose of the intra-corporate transfer.

a)  denying a passport substitute, a substitute identity document or a residence title or subjecting the same to geographic or time restrictions or to conditions and requirements, or

d)  similar concrete preparations to deport the foreigner have been initiated, unless it is foreseeable from the outset that such measures will be unsuccessful, or

(11) If the EU Blue Card issued by another member state of the European Union indicates that this member state has granted the person concerned international protection status, and if the responsibility for such international protection within the meaning of section 2 (13) has been transferred to the Federal Republic of Germany in line with the relevant statutory provisions, the Federal Office for Migration and Refugees asks the competent authority of the other member state to change the information in the EU Blue Card accordingly.

(5) The party liable for costs may be required to furnish security. The order for security to be furnished by the foreigner or the party liable for costs pursuant to subsection (4) sentences 1 and 2 may be enforced by the authority which issued the order without a prior writ of execution and without allowing a period for payment, if recovery of the costs would otherwise be at risk. By way of security for the costs relating to the foreigner’s departure from the federal territory, return air tickets and other travel vouchers in the possession of a foreigner who is to be refused entry, removed, expelled or deported or who is permitted to enter and stay in the federal territory solely for the purpose of filing an application for asylum may be confiscated. If there is factual evidence that the foreigner has funds as referred to in sentence 1 or documents as referred to in sentence 3, the foreigner and the objects in his or her possession may be searched for these funds or documents.

3.  if the foreigner provides evidence of having obtained a higher education degree within the two years preceding the date of application or of pursuing a course of study that leads to a higher education degree,

Section 68 (1) sentences 1 to 3 also applies to declarations of commitment made before 6 August 2016, with the proviso that a period of three years takes the place of the period of five years. If the period referred to in sentence 1 has already expired on 6 August 2016, the commitment to reimburse public funds ends on 31 August 2016.

(3) As a general rule, while foreigners are residing in Germany to attend school under subsection (2), they are to be granted a temporary residence permit for another purpose only if they are legally entitled to it. After staying in Germany to take part in a pupil exchange scheme foreign pupils may only be granted a temporary residence permit for another purpose if they are legally entitled to it. Section 9 does not apply. The temporary residence permit under subsection (1) to attend a language course only entitles the foreigner to pursue employment of up to 20 hours per week. The temporary residence permit under subsection (1) to participate in a pupil exchange scheme and the temporary residence permit under subsection (2) do not entitle holders to pursue an economic activity.

(15) If temporary suspension of deportation was granted under section 60a (2) sentence 4 in the version valid until 31 December 2019, section 19d (1) nos. 4 and 5 does not apply if the foreigner has taken the necessary and reasonable measures to verify his or her identity when the application for a temporary residence permit was filed under section 19d.

(4) If a foreigner applies for an extension of his or her residence title or for a different residence title before his or her current residence title expires, the current residence title is deemed to remain in force from the time it expires until the time of the decision by the foreigners authority. This does not apply to visas issued in accordance with section 6 (1). If the application to issue or extend a residence title was filed too late, the foreigners authority may order that the previous residence title remains valid in order to avoid undue hardship.

a)  the procedure and technical requirements for taking the digital photograph and fingerprints, for assessing their authenticity and for quality assurance, as well as rules for the secure transmission of the photograph to the competent authority, for the registration and certification of service providers to produce the photograph, and for protected access to the data stored on the electronic storage and processing medium,

(1) In derogation from section 9 (2), a foreign minor who has a temporary residence permit in accordance with this Division is to be granted a permanent settlement permit if he or she has had the temporary residence permit for five years on reaching the age of 16. The same applies if

8.  if a foreigner files an application for asylum after a residence title pursuant to sections 22, 23 or 25 (3) to (5) has been granted;

(3) Upon application, foreigners are to be provided with a translation of the operative part of the administrative act denying or invalidating the residence title or by means of which a decision is taken to impose a time limit in accordance with section 11 and of the information on available legal remedies, free of charge and in a language which the foreigner understands or which it can be reasonably assumed he or she understands. If another reason exists for the obligation to leave the federal territory, sentence 1 applies accordingly to the deportation warning and the information on available legal remedies which is to be included with this in accordance with subsection (1) sentence 3. The translation may be provided in oral or written form. The foreigner is not entitled to a translation if he or she has entered the federal territory unlawfully or has been expelled on the grounds of a criminal conviction. In the cases referred to in sentence 4, the foreigner is given a standard form containing explanations, which are made available in at least five of the most commonly spoken or understood languages. Sentences 1 to 3 do not apply if the foreigner has not yet entered or has already left the federal territory.

5.  the abbreviation “F” for female holders of passport substitutes, “M” for male holders of passport substitutes, or “<” for all other alternatives,

2.  threatens the free democratic basic order or the security of the Federal Republic of Germany; this is assumed to be the case where there is reason to believe that the foreigner is or has been a member of an organisation which supports terrorism, or the foreigner supports or has supported such an organisation, or is, as referred to in section 89a (2) of the Criminal Code, preparing or has prepared a serious violent offence endangering the state as described in section 89a (1) of the Criminal Code, unless the foreigner recognisably and credibly distances himself or herself from the activity which threatens the state,

(3) The ordering of and imposition of a time limit on a ban on entry and residence by the Federal Office for Migration and Refugees is not contestable.

(2) The Land governments are authorised to establish a hardship commission in accordance with subsection (1) by virtue of a statutory instrument, to specify the procedure, grounds for exclusion and qualified requirements pertaining to a declaration of commitment pursuant to subsection (1) sentence 2, including conditions to be met by the party submitting such a declaration, and to assign the authority to issue orders pursuant to subsection (1) sentence 1 to other bodies. The hardship commissions take action solely on their own initiative. No third parties may require a hardship commission to take up a specific individual case or to make a specific decision. A hardship commission may decide to file a hardship petition only after establishing that urgent humanitarian or personal grounds justify the foreigner’s continued presence in the federal territory.

1.  the acknowledging party declares that the acknowledgement serves a specific purpose within the meaning of section 1597a (1) of the Civil Code,

2.  the foreigner intends to take up employment as a temporary worker (section 1 (1) of the Act on Temporary Employment Businesses).

1.  removal and refusal of entry at the border, including the transfer of third-country nationals on the basis of Regulation (EU) No 604/2013 if the foreigner is intercepted by the border authority in the vicinity of the border and in close chronological proximity to an unlawful entry into the federal territory,

(9) The identity of a foreigner who is residing in the federal territory without the required residence title is to be documented by means of identification measures. In accordance with sentence 1, only photographs and prints of all 10 fingers may be taken. The identity of a foreigner under the age of six is to be documented under the conditions of sentence 1 only by taking a photograph.

2.  publicly support, advocate or incite the use of violence as a means of promoting political, religious or other interests or are capable of inciting such violence or

c)  the deadline will be deemed to have been met if the foreigner and his or her spouse or civil partner took all necessary and reasonable measures to verify their identity within the time periods given in (a) and (b), but their identity was unable to be verified until after these periods for reasons beyond their control,

(5) The foreigner has no entitlement to stay in a specific Land or a specific place. The foreigner must take up accommodation and habitual residence at the place to which he or she is allocated in accordance with subsections (3) and (4).

(6a) If the foreigner has an EU Blue Card which was issued by another member state of the European Union, the applicant and the other member state of the European Union are notified of the decision on the application to grant an EU Blue Card no more than 30 days after the submission of the complete application. In justified exceptional cases, the time limit may be extended by 30 days. The applicant is to be informed no more than 30 days after the submission of the complete application if the time limit is to be extended. No more than 30 days after the submission of the complete application, the holder of the EU Blue Card may pursue employment if he or she has been authorised to work in that occupation.

(3) The security authorities and intelligence services referred to in subsections (1) and (2) immediately notify the Federal Office of Administration as to whether grounds for denial pursuant to section 5 (4) or any other security reservations apply; the Federal Office for the Protection of the Constitution may provide technical support for the transmission of information from the Land offices for the protection of the Constitution regarding enquiries from the foreigners authorities pursuant to subsection (2). The German diplomatic missions abroad and foreigners authorities immediately inform the security authorities and intelligence services referred to in sentence 1 of the length of validity of the residence titles which have been issued or extended; if the authorities referred to in sentence 1 become aware of grounds for denial pursuant to section 5 (4) or other security reservations during the period of validity of the residence title, they immediately notify the competent foreigners authority or the competent diplomatic mission abroad. The authorities referred to in sentence 1 may process the data transmitted to them as far as necessary to discharge their statutory duties. Provisions regulating the transmission of data under other acts remain unaffected.

2.  evidence that the national host entity belongs to the same undertaking or group of undertakings as the undertaking established outside the European Union by which the foreigner is employed,

(1) In application of the Convention of 28 July 1951 relating to the Status of Refugees (Federal Law Gazette 1953 II, p. 559), foreigners may not be deported to a state in which their life or liberty is threatened on account of their race, religion, nationality, membership of a certain social group or political convictions. This also applies to persons who are entitled to asylum and to foreigners who have been incontestably granted refugee status or who have the legal status of foreign refugees on other grounds in the federal territory or who have been granted foreign refugee status outside of the federal territory in accordance with the Convention relating to the Status of Refugees. If a foreigner invokes the ban on deportation pursuant to this subsection, the Federal Office for Migration and Refugees is to establish in an asylum procedure whether the conditions stated in sentence 1 apply, and the foreigner is to be granted refugee status, except in cases covered by sentence 2. The decision by the Federal Office may only be contestable subject to the provisions of the Asylum Act.

(3) If a foreigner is denied entry and residence under section 19f (5), the foreigner must cease the studies immediately. The exemption from the obligation to hold a residence title which applied in accordance with subsection (1) sentence 1 ceases to exist.

3.  more detailed requirements with regard to employment as a skilled worker pursuant to sections 18a, 18b and 18g (1) and for occupations of holders of EU Blue Cards pursuant to section 18g (2),

(7) To determine whether the conditions of sections 16a, 16d, 16e, 16g, 18a, 18b, 18c (3), 18g and sections 19 to 19c are met, the foreigners authority, the Federal Office for Migration and Refugees and the diplomatic mission abroad may consult the Federal Employment Agency even if its consent is not required.

(5) In derogation from subsection (1), a foreigner may be granted a temporary residence permit for the purpose of self-employment. A required permit to pursue such employment must have been issued or confirmation must have been provided that such permit will be issued. Subsection (1) sentence 3 applies accordingly. Subsection (4) does not apply.

(3) The research organisation may also submit the declaration pursuant to subsection (1) sentence 1 no. 2 to the body responsible for its recognition as a general declaration for all foreigners to whom a temporary residence permit is issued on the basis of a hosting agreement concluded with it.

2a.  does possess a visa required in section 4 upon entry, but obtained it by threat, bribery or collusion or by furnishing incorrect or incomplete information, for which reason it is revoked or annulled retrospectively, or

1.  who is the subject of criminal or administrative proceedings on account of one of the offences listed in section 27 (3a),

1.  pursues a self-employed activity in contravention of section 4a (3) sentence 4 or subsection (4); section 6 (2a); section 7 (1) sentence 4 first half-sentence; section 16a (3) sentence 1; section 16b (3), also in conjunction with subsection (7) sentence 3; section 16b (5) sentence 3 second half-sentence; section 16c (2) sentence 3; section 16d (1) sentence 4, subsection (3) sentence 8, subsection (6) sentence 3 or subsection (4) sentence 3; section 16f (3) sentence 4; section 17 (3) sentence 1; section 20 (1) sentence 4, also in conjunction with subsection (2) sentence 2; section 23 (1) sentence 4 first half-sentence; or section 25 (4) sentence 3 first half-sentence, subsection (4a) sentence 4 first half-sentence or subsection (4b) sentence 4 first half sentence,

(3c) In the case of mobility as referred to in sections 16c, 18e and 19a, the Federal Office for Migration and Refugees may transmit personal data it has stored on the persons in question to the security authorities referred to in subsection (2) via the Federal Office of Administration to determine whether a public interest in expulsion as referred to in section 54 (1) nos. 2 and 4 exists and to investigate any other security reservations. The security authorities referred to in subsection (2) immediately notify the Federal Office of Administration if a public interest in expulsion as referred to in section 54 (1) nos. 2 or 4 or any other security reservations exist. The authorities referred to in sentence 1 may store and use the data transmitted as far as necessary to discharge their statutory duties. Provisions regulating the transmission of data under other acts remain unaffected.

4.  there are no reasons of public safety or order which would rule out granting such a permit, taking into account the severity or the nature of the breach of public safety or order or the threat posed by the foreigner, with due regard to the duration of the foreigner’s stay to date and the existence of ties in the federal territory,

c)  indicating that this is part of the fast-track procedure for skilled workers; if the foreigner is to be employed in a regulated occupation in Germany, the necessary authorisation to work in that occupation must be obtained,

Skilled workers with a vocational training qualification are granted a temporary residence permit to take up any skilled employment.

b)  the employer agrees to enable the foreigner to undertake, as part of the employment relationship, the qualification measures required by the responsible body to recognise the foreigner’s occupational qualification,

(11) The period referred to in section 29 (2) sentence 2 no. 1 begins to run upon the entry into force of this Act for foreigners who were incontestably granted subsidiary protection pursuant to Directive 2011/95/EU or Directive 2004/38/EC between 1 January 2011 and 31 July 2015.

5.  foreigners are granted a temporary residence permit after successfully completing training as an assistant or helper in a state-recognised or similarly regulated occupation in the field of health care in the federal territory, provided foreigners are permitted to take up the employment in question in accordance with sections 18a, 18b, 18d, 18g, 19c and 21.

9.  to cooperate in the areas of the duties specified in nos. 1 to 8 with the bodies of the local authorities, Länder, other member states of the European Union and the European Union itself which have the same or similar remits as the Commissioner;

(5) The requirement of subsection (1) no. 2 is waived for the spouse or minor unmarried child of a foreigner who has an EU Blue Card, an ICT Card, a Mobile ICT Card or a residence title under sections 18a, 18b, 18c (3), 18d, 18f, 19c (1) for employment as an executive, manager, business specialist, academic, visiting academic, engineer or technician in a research team of a visiting academic or as teaching staff, pursuant to section 19c (2) or (4) sentence 1 or section 21.

(1) The competent authority may deny applications for subsidies in full or in part in line with section 264 of the Criminal Code if the applicant or his or her representative authorised by statutes or law

(3) Section 21 (2) to (5) of the Posted Workers Act applies accordingly where a public contracting entity makes use of the possibility referred to in subsection (1).

(3) If the Commissioner possesses adequate information indicating that federal public bodies are committing breaches within the meaning of section 93 no. 3 or are failing to protect the rights of foreigners in any other way, he or she may require a statement. The Commissioner may attach his or her own assessment to this statement and forward the statement to the public body and that body's superior authority. The federal bodies are required to furnish information and to answer questions. The public bodies transfer personal data only if the data subject him- or herself has approached the Commissioner to request that he or she take action in relation to the public body on the data subject’s behalf, or if the foreigner’s consent is proven by any other means.

1.  The duration of former possession of a temporary residence permit or permanent settlement permit, if the foreigner possessed a permanent settlement permit when he or she left the federal territory, minus the duration of intermediate stays outside of the federal territory which led to expiry of the permanent settlement permit; a maximum of four years is counted.

5.  possesses a temporary residence permit pursuant to section 23 (4), sections 24, 25 (4a) sentence 3, or pursuant to section 29 (2) or (4).

2.  according to which a foreigner who holds an EU long-term residence permit has acquired long-term resident status in another member state of the European Union or has been granted a residence title or had his or her residence title extended in another member state of the European Union.

Propain Ekano2AL

The granting of a temporary residence permit to other dependants of a foreigner who has been granted temporary protection pursuant to section 24 (1) is subject to section 36. Section 24 applies to dependants who are admitted in accordance with this subsection.

1.  is enforceably required to leave the federal territory and there is a public interest in expelling the foreigner as referred to in sentence 1, or

2.  the foreigner has a command of the German language corresponding to the analysis of qualifications to be carried out, as a rule at least an elementary knowledge of the German language.

Section 97Smuggling foreigners into the federal territory resulting in death; smuggling into the federal territory for gain and as organised gangs

5.  if the host entity has undertaken in writing to bear the costs incurred by public bodies up to six months after termination of the training agreement for

3.  is required to leave the federal territory by virtue of a return decision reached by another member state of the European Union in accordance with Article 3 of Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ L 149, p. 34), if the decision concerned is recognised by the competent authority.

When a foreigners authority has reached the decision, it transmits the necessary data to the Federal Office for Migration and Refugees without delay. The foreigners authorities may transfer the data from the Central Register of Foreigners required for notifications under sentence 1 to the National Contact Point by means of an automated process, using the Central Foreigners Register number.

(5) The certificates referred to in section 60a (4) and section 81 (5) are issued according to a model form which contains a serial number and the Central Foreigners Register number and may be provided with a machine-readable zone. In all other cases, in addition to the permission to pursue an economic activity as referred to in section 81 (5a), the certificate may contain only those data items specified in subsection (4) and a note to the effect that the certificate alone does not satisfy the foreigner’s passport requirement. Subsections (2) and (3) apply accordingly.

2.  the foreigner has already been informed in accordance with the requirements of section 77 that he or she is required to leave the federal territory.

Taking account of the particular circumstances of each case, the period allowed for departure may be extended as appropriate or a longer period may be set. Section 60a (2) remains unaffected. If the obligation to leave or the deportation warning ceases to be enforceable, the period allowed for departure is to be interrupted and begins to run again when the obligation or notice becomes enforceable once more. It is not necessary to set a new time limit. When the period allowed for voluntary departure expires, the foreigner is not to be informed of the date of the deportation.

6a.  fails to provide notification, provides incorrect notification or fails to provide notification on time in contravention of section 56 (1) sentence 1,

Section 19dTemporary residence permit for the purpose of employment for qualified foreigners whose deportation has been suspended

Denials under sentence 1 may be issued up to five years after the incontestable imposition of the fine or prison sentence depending on the severity of the offence for which the fine or prison sentence was imposed.

3.  the foreigner required to leave the federal territory has been in employment with full social security coverage and regular working hours of at least 20 hours per week,

(2) Subsection (1) applies accordingly if the foreigner has the legal status of a long-term resident in another member state of the European Union and immediately before acquiring this status possessed an EU Blue Card issued by that member state.

(3) A temporary residence permit allowing the subsequent immigration of dependants may be granted to the parents of a foreigner who was granted an EU Blue Card, an ICT Card, a Mobile ICT Card or a residence title in accordance with sections 18a, 18b, 18c (3), 18d, 18f, 19c (1) for employment as an executive, manager, business specialist, academic, visiting academic, engineer or technician in a research team of a visiting academic or as teaching staff pursuant to section 19c (2) or (4) sentence 1 or section 21 for the first time on or after 1 March 2024; the same applies to the parents of the foreigner’s spouse, if the spouse resides permanently in the federal territory. The temporary residence permit in accordance with sentence 1 may only be granted if the requirement of section 5 (1) no. 1 is met.

(3) The Federal Ministry of the Interior, Building and Community is authorised to appoint, by statutory instrument issued in agreement with the Federal Foreign Office and without the approval of the Bundesrat, the competent body in accordance with section 73 (1) and section 73a (1).

After the criminal proceedings have ended, the temporary residence permit is to be extended as a rule if humanitarian or personal reasons or public interests require the foreigner’s further presence in the federal territory. The residence permit does not entitle the holder to pursue an economic activity; such activity may be permitted under section 4a (1).

(2) In addition to the grounds for exclusion mentioned in subsection (1), no EU Blue Card as referred to in section 18g is granted to foreigners

(1) A foreigner subject to an expulsion order on the ground of a public interest in expelling the foreigner pursuant to section 54 (1) nos. 2 to 5 or a deportation order pursuant to section 58a is obliged to report at least once a week to the police station which is responsible for the foreigner’s place of residence, unless the foreigners authority stipulates otherwise. An obligation to report to the police in line with sentence 1 may be imposed if the foreigner

2.  are members of a group which supports such an organisation or intentionally supports such a group in the knowledge of the activities of the group which support terrorism or

The foreigners authority informs the competent registration authority when it has granted a foreigner a settlement permit or an EU long-term residence permit.

(2) The foreigners authorities may require foreigners to present themselves to the authority requesting allocation. This does not apply when due consideration is to be given to evidence submitted in accordance with subsection (1) sentence 6. An obligation imposed in accordance with sentence 1 is not contestable. Any legal actions have no suspensive effect.

4.  a temporary residence permit in accordance with the other provisions, with the exception of a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative,

(3) An attempt to commit an offence is punishable in the cases covered by subsection (1) no. 3 and subsections (1a) and (2) no. 1 (a).

2.  the applicant is a natural person and the employment which caused the offence pursuant to subsection (1) sentence 1 was for his or her private purposes or

6.  has furnished the foreigners authority with incorrect information or refused to furnish information with intent to deceive or

(4) The model form for the substitute identity document contains a serial number and a machine-readable zone. In addition to the name of the issuing authority, the place and date of issue, the period or duration of validity, the given names and surname of the holder, residence status and ancillary provisions, the model form may also provide the following items of information on the holder’s identity:

7.  the foreigner was the holder of an EU Blue Card or a temporary residence permit under sections 18a, 18b, 18d, 19c (1) for employment as an executive, manager, business specialist, academic, visiting academic, engineer or technician in a research team of a visiting academic or as teaching staff, section 19c (2) or (4) sentence 1 or section 21, immediately before being granted a permanent settlement permit or an EU long-term residence permit.

2.  in the case of subsection (1) sentence 1 no. 2, the foreigner has not yet possessed a temporary suspension of deportation for three months at the time of applying,

d)  has been incontestably convicted of one or more intentionally committed offences as defined in section 29 (1) sentence 1 no. 1 of the Narcotics Act (Betäubungsmittelgesetz),

(2) A foreigner who is subject to the obligation under subsection (1) and who is living in a reception centre or other temporary accommodation may, within six months of recognition, admission or the granting of a temporary residence permit under section 24(1), but no later than the expiry of the period referred to in subsection (1), be required, for the purpose of providing him or her with suitable accommodation, to take up residence in a specific place if this would not interfere with the foreigner’s lasting integration into the way of life in the Federal Republic of Germany. Insofar as it was not possible in an individual case to allocate suitable accommodation within six months, such allocation pursuant to sentence 1 may be made once within a further six months.

1.  evidence that the foreigner possesses a valid residence title issued by another member state of the European Union in accordance with Directive 2014/66/EU,

(4) If a foreigner is denied entry and residence pursuant to section 19f (5), the foreigner must cease the research activities immediately. The exemption from the obligation to hold a residence title under subsection (1) sentence 1 ceases to exist.

4.  10 years have elapsed since application for the visa in cases covered by section 49 (5) no. 5 and since the voice recording in the case of section 49 (7).

(4) The pursuit of an economic activity is permitted within the period for filing an application specified in subsection (1) sentence 2 and, if an application is filed, until the foreigners authority decides on the application.

3.  they have special integration needs and the foreigners authority requires them to participate in an integration course, or

(4) Subsections (1) to (3) apply accordingly to transmission by the authorities charged with implementing this Act and by private bodies.

The period stipulated in sentence 1 no. 1 is reduced to two years and the period stipulated in sentence 1 no. 3 is reduced to 24 months if the skilled worker has successfully completed vocational training or a course of study in Germany.

4.  declare the intention to complete compulsory military service, if issuing the travel document depends on such a statement, as long as completing compulsory military service is not unreasonable for compelling reasons, and to fulfil other reasonable civic duties;

4.  uses heroin, cocaine or a comparably dangerous narcotic drug and is not prepared to undergo the necessary treatment for rehabilitation, or evades such treatment,

2.  a contractor for whom an employer has performed services as a direct sub-contractor and the contractor was aware or should have been aware, if he or she had exercised due diligence, that the employer hired a foreigner to perform the service who was not permitted to pursue the economic activity under the provisions of this Act,

On request, if the holder has undergone a sex change in accordance with section 45b of the Civil Status Act, information on the holder’s previous sex may be entered in the machine-readable zone if the holder’s previous sex was male or female. This information has no further effect in law.

(4) A foreigner who is required to leave the federal territory and who intends to move to another address or to leave the district covered by the foreigners authority for more than three days is required to notify the foreigners authority accordingly beforehand.

the decision on the residence title under section 36a (1) is suspended until the attendant proceedings are completed and, in the case of a court ruling, until it is no longer subject to appeal, unless it is possible to reach a decision on the residence title under section 36a (1) without considering the outcome of the proceedings. In cases covered by sentence 1 no. 3, if subsidiary protection status is revoked or withdrawn, the proceedings to decide on revoking the foreigner’s residence title in accordance with section 52 (1) sentence 1 no. 4 is relevant.

(4) The period of validity of the temporary residence permit is limited to a maximum of three years. In derogation from section 9 (2), a permanent settlement permit may be issued after three years, if the foreigner has been self-employed for three years and the current activity, based in particular on its success and duration, gives reason to expect that the business will continue, if adequate income ensures the subsistence of the foreigner and the dependants living with him or her as a family unit and whom he or she is required to support, and if the requirements of section 9 (2) sentence 1 no. 4 are met.

(2) Notifications under section 87 (1) which are immaterial to an impending decision under the law on foreigners and which are unlikely to be of relevance to a later decision under the law on foreigners are to be destroyed immediately.

(6) With regard to extension of the temporary residence permit, derogation from subsection (5) is possible in order to avoid cases of hardship. This provision applies in the case of

(5) The provisions concerning the subsequent immigration of dependants, an individual interest in remaining, participation in integration courses and the consolidation of residence on the ground of section 23 (4) also apply accordingly to foreigners who were granted a residence title in accordance with section 23 (2) before the end of 31 July 2015 in the context of the programme for the permanent settlement of those seeking protection.

(2) A foreigner who is enforceably required to leave the federal territory, who will be readmitted by another member state of the European Union or Norway or Switzerland under the terms of an intergovernmental admission agreement applicable on 13 January 2009 is, as a general rule, to be removed to that state; the same applies if the foreigner is apprehended by the border authority near the border in close chronological proximity to unlawful entry into the federal territory and there are indications that another state is responsible for conducting an asylum procedure according to legislation of the European Union or an international treaty, and an admission or readmission process is initiated.

(2) When weighing the interests referred to in subsection (1) and taking into account the circumstances of the individual case, consideration is to be given in particular to the length of the foreigner’s stay, his or her personal, economic and other ties in the federal territory and in the country of origin or in another state prepared to receive the foreigner, the consequences of expulsion for the foreigner’s dependants and civil partner, and whether the foreigner has abided by the law.

3.  who, by virtue of international treaties on diplomatic and consular communication and on the activities of international organisations and institutions, are exempt from immigration restrictions, from the obligation to notify the foreigners authority of their residence and from the requirement for a residence title, and when reciprocity applies, insofar as this may constitute a prerequisite for such exemptions.

(9) A temporary residence permit issued pursuant to subsection (8) is revoked if the employment relationship on which the granting of the temporary residence permit was based is terminated for reasons relating to the person of the foreigner or if any of the conditions listed in subsection (2) no. 4 occurs.

(5a) On request, the Federal Office for Migration and Refugees informs the competent authorities of the other member states of the European Union within one month of receiving the inquiry whether a foreigner continues to have international protection status in the Federal Republic of Germany.

3.  the foreigner resides for 12 consecutive months outside of the area in which the legal status of a long-term resident can be acquired; this period is 24 consecutive months for a foreigner who previously possessed an EU Blue Card and for his or her dependants who previously possessed a temporary residence permit pursuant to sections 30, 32, 33 or 36.

(6) If the application for a temporary residence permit allowing the subsequent immigration of dependants wishing to join the holder of an ICT Card, a Mobile ICT Card or an EU Blue Card is filed at the same time as the application for an ICT Card, a Mobile ICT Card or an EU Blue Card, the application for the temporary residence permit allowing the subsequent immigration of dependants is decided upon at the same time as this application. As a rule, the same applies if the application for a temporary residence permit allowing the subsequent immigration of dependants wishing to join the holder of a temporary residence permit pursuant to section 18a or section 18b is filed at the same time as the application for a temporary residence permit pursuant to section 18a or section 18b. If immediately before being granted the EU Blue Card, the holder of the EU Blue Card had an EU Blue Card issued by another member state of the European Union, the family unit already existed in the other member state of the European Union, and the application is filed at the same time, but the dependants do not enter the federal territory until after the EU Blue Card is granted, the temporary residence permit allowing the subsequent immigration of dependants is to be granted no more than 30 days after the submission of the complete application. In justified exceptional cases, the time limit may be extended by 30 days.

(1) Foreigners holding a residence title may pursue an economic activity unless there is a law prohibiting such activity. The economic activity may be restricted by law. The pursuit of an economic activity going beyond a ban or restriction requires permission.

1.  according to which the other member state of the European Union intends to carry out or is carrying out measures to terminate the residence of a foreigner who holds an EU long-term residence permit,

4.  who, owing to treaties between the European Union and its member states on the one hand and third countries on the other, enjoy rights of free movement equivalent to those of Union citizens.

(1) In derogation from section 4 (1), a foreigner is not required to have a residence title for stays for intra-corporate transfers not exceeding 90 days within a 180-day period, provided the host entity in the other member state has notified the Federal Office for Migration and Refugees and the competent authority of the other member state that the foreigner intends to take up employment in the federal territory, submitting the following at the same time:

(2) If the minor unmarried child is aged 16 or over and if he or she does not relocate the main ordinary residence to Germany together with his or her parents or the parent possessing the sole right of care and custody, subsection (1) only applies if the child speaks German or if it appears, on the basis of his or her education and way of life to date, that he or she will be able to integrate into the way of life in the Federal Republic of Germany. Sentence 1 does not apply if

5.  the obligation to be taken up by the municipality determined as the foreigner’s place of residence and the admission process.

(4a) As a general rule, a foreigner who has been the victim of a criminal offence under sections 232 to 233a of the Criminal Code (Strafgesetzbuch) is also to be granted a temporary residence permit for a temporary stay, even if the foreigner is enforceably required to leave the federal territory. The temporary residence permit may only be issued if

(3b) The following may constitute concrete evidence of a risk of absconding within the meaning of subsection (3) sentence 1 no. 1:

(6) The provisions of subsections (1) to (5) do not apply to persons who verifiably entered the federal territory prior to 1 January 2005.

6.  to issue general approval for official identification papers which have not been issued by German authorities to be used as passport substitutes,

1.  are to be granted a permanent settlement permit if they had been ordinarily resident as Germans in the federal territory for five years when losing their German nationality,

2.  the dependant is admitted from another member state of the European Union or is located outside of the European Union and is in need of protection.

(5) In derogation from section 26 (1) sentence 1, the temporary residence permit is to be granted and extended for no more than two years. It may be granted in derogation from section 10 (3) sentence 2. Section 25a remains unaffected.

(1) The temporary residence permit to enable foreign dependants to rejoin foreigners in the federal territory so that they can live together as a family (subsequent immigration of dependants) is granted and extended to protect marriage and the family in accordance with Article 6 of the Basic Law.

(6) In all other cases, foreigners whose deportation has been suspended may not be permitted to pursue an economic activity if

(3b) The security authorities and intelligence services referred to in subsection (1) immediately notify the Federal Office of Administration as to whether grounds for denial pursuant to section 27 (3a) exist. If the authorities referred to in sentence 1 become aware of grounds for denial pursuant to section 27 (3a) during the length of validity of the residence title referred to in subsection (3) sentence 2, they immediately notify the competent foreigners authority or the competent diplomatic mission abroad. The authorities referred to in sentence 1 may process the data transmitted to them as far as necessary to discharge their statutory duties. Provisions regulating the transmission of data under other acts remain unaffected.

3.  is guilty of acts contrary to the objectives and principles of the United Nations, as enshrined in the Preamble and Articles 1 and 2 of the Charter of the United Nations, or

8.  to monitor immigration to the federal territory and to the European Union and the development of immigration to other states;

The persons listed in sentence 1 nos. 1 to 4 are liable as joint and several debtors within the meaning of section 421 of the Civil Code.

2.  violations of the obligation to cooperate under section 60 (1) sentence 1 no. 2 of Book One of the Social Code with regard to a department of the Federal Employment Agency, a statutory health insurance, long-term care insurance, accident insurance or pension insurance agency, an institution providing basic income support for jobseekers or a social welfare agency, or violations of the obligation to report under section 8a of the Asylum Seekers Benefits Act,

3.  the classification and the pay are commensurate to employment whose requirements lead to work in the desired occupation.

8.  the foreigner possesses a basic knowledge of the legal and social system and the way of life in the federal territory and

(8) Subsection (1) does not apply if, for serious reasons, the foreigner is to be regarded as a threat to the security of the Federal Republic of Germany or constitutes a threat to the general public because he or she has been incontestably sentenced to a prison term of at least three years for a crime or a particularly serious offence. The same applies if the foreigner meets the conditions stipulated in section 3 (2) of the Asylum Act. Application of subsection (1) may be waived if the foreigner represents a threat to the general public because he or she has been incontestably sentenced to a prison term or a term of youth custody of at least one year for one or more intentionally committed offences against life, physical integrity, sexual self-determination or property or for resisting enforcement officers if the criminal offence was committed using violence, using a threat of harm to life or limb, or with guile, or if it constitutes an offence pursuant to section 177 of the Criminal Code.

2.  was one of the leaders of an organisation which was incontestably banned because its purposes or its activity contravenes criminal law or it is directed against the constitutional order or the concept of international understanding,

(5) The electronic storage and processing medium of a document referred to in subsection (1) or of a mobile terminal device may also be used for the additional function of an electronic proof of identity. In this respect, section 2 (3) to (7), (10), (12) and (13), section 4 (3), section 7 (3b), (4) and (5), section 10 (1) to (5), (6) sentence 1, (7), (8) sentence 1, and (9), sections 10a, 11 (1) to (5) and (7), section 12 (2) sentence 2, sections 18, 18a, 19 (1), (2) sentences 1 and 2 and (3) to (6), sections 19a, 20 (2) and (3), sections 20a, 21, 21a, 21b, 27 (1) no. 6, (2) and (3), section 32 (1) nos. 5 and 6 with the exception of section 19 (2) stated there, nos. 6a to 8, (2) and (3) and section 33 nos. 1, 2 and 4 of the Act on Identity Cards apply accordingly with the proviso that the foreigners authority takes the place of the identity card authority, and the manufacturer of the documents takes the place of the manufacturer of the identity card. In addition to the data listed in section 18 (3) sentence 2 of the Act on Identity Cards, the ancillary provisions stored in accordance with subsection (3) no. 3 may also be transmitted within the scope of the electronic proof of identity function subject to the requirements of section 18 (4) of the Act on Identity Cards. Subsection (2) sentence 3 applies accordingly with regard to the blocking code and to the blocking characteristics.

(1) Except in the cases covered by subsections (2) to (6), a foreigner’s residence title pursuant to section 4 (1) sentence 2 no. 1 second alternative nos. 2, 2a, 2b, 2c, 3 and 4 may only be revoked if

(3) The integration course comprises a basic and advanced language course of identical duration to provide sufficient command of the language and an orientation course to impart knowledge of the legal system, culture and history in Germany. The integration course is coordinated and carried out by the Federal Office for Migration and Refugees, which may enlist the services of private or public organisations to this end. As a general rule, reasonable fees are to be charged for attending the integration course, according due consideration to the ability to pay. The person who is obliged to ensure the foreigner’s subsistence is also obliged to pay such a charge.

(5) The application will be rejected if it was filed at the same time as a notification under section 18e (1) sentence 1. Applications which were filed during the stay pursuant to section 18e (1), but not in their entirety at least 30 days prior to the end of this stay, will also be rejected.

(2) A document with an electronic storage and processing medium under subsection (1) contains a machine-readable zone. It may contain only the following visibly displayed information:

5.  the foreigners authority establishes, after granting a temporary residence permit pursuant to section 25 (3) sentence 1, that

(1) The temporary residence permit (Aufenthaltserlaubnis) is a residence title which is limited in time. It is issued for the purposes of residence stated in the following Divisions of this Act. In justified cases, a temporary residence permit may also be issued for a purpose of residence which is not covered by this Act. The residence permit defined in sentence 3 does not entitle the holder to pursue an economic activity; such activity may be permitted under section 4a (1).

(8) Before being deported, foreigners who were employed without the entitlement to pursue an economic activity required under section 4a (5) are to be informed of their rights pursuant to Article 6 (2) and Article 13 of Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).

(4) An attempt to commit an administrative offence may be punishable in the cases covered by subsection (2) no. 2 and subsection (3) no. 3.

Sentence 1 nos. 1 and 2 has no bearing on issuance of the temporary residence permit if the requirements of sentence 1, no. 3 (f) are met. Sentence 1 no. 2 has no bearing on issuance of the temporary residence permit if

1.  the factors defined for calculating the minimum salary levels in accordance with section 18g (1) and (2) and the resulting notional amounts,

Foreigners are in particular responsible for reasons referred to in sentence 1 no. 2 if they themselves have brought about the obstacle to deportation by their own deceit concerning their identity or nationality or by furnishing false information. Sentence 1 no. 3 does not apply to unaccompanied foreign minors whose asylum applications have been withdrawn or for whom no application for asylum was made if the application was withdrawn or no application was made in the best interests of the child. In derogation from sentences 1 to 3, foreigners who have been recognised as being entitled to asylum and who in the federal territory have the legal status of a foreign refugee or are entitled to subsidiary protection are permitted to pursue an economic activity.

(5) As a general rule, a foreigner is to be granted a temporary residence permit in order to take an examination for the recognition of a foreign occupational qualification, if the foreigner has the necessary command of the German language for the examination, as a rule at least an elementary knowledge of the German language, unless the examination is intended to demonstrate a command of the German language. The residence permit does not entitle the holder to pursue an economic activity.

No derogation by way of Land law is permissible from the provisions set out in section 4 (2) sentence 2; section 15a (4), sentences 2 and 3; section 23 (1) sentence 3; section 23a (1) sentence 1, subsection (2) sentence 2; section 43 (4); section 44a (1) sentence 2, subsection (3) sentence 1; section 61 (1d); section 72 (2); section 73 (2), subsection (3) sentences 1 and 2; section 78, with the exception of subsection (1) sentence 8; section 78a; section 79 (2); section 81 (5); section 82 (1) sentence 3, subsection (3); section 87 (1) and subsection (2) sentences 1 and 2, subsection (4) sentences 1, 3 and 5, subsection (5); section 89 (1) sentences 2 and 3, subsection (3) and subsection (4); sections 90, 90a, 90b, 91 (1) and subsection (2), section 91a (3), (4) and (7); section 91c (1) sentence 2, subsection (2) sentence 2, subsection (3) sentence 4 and (4) sentence 2; section 99 (1) to (4), with the exception of section 99 (1) no. 3a, pertaining to the administrative procedure.

1.  the employer or the host entity has failed to meet legal obligations regarding social security, taxation, labour rights or working conditions,

(2) The Länder may establish departure facilities for foreigners who are enforceably required to leave the federal territory. As a general rule, support and counselling are to be provided at such departure facilities to promote foreigners’ willingness to leave the federal territory voluntarily, and access for authorities and courts and implementation of the departure procedure is to be ensured.

4.  persons who are unable to work but whose subsistence and any necessary care is secured on a long-term basis by any other means without recourse to any public benefits, except where the benefits are based on paid contributions,

3.  the foreigner does not fulfil the conditions for entry into the territory of the parties signatory in accordance with Article 6 of the Schengen Borders Code.

(2) This order is to be issued for no longer than three months. It may be extended by no more than three months at a time, if the prerequisites continue to exist. If the prerequisites for the order cease to exist, the measure is to be stopped immediately.

8.  for issuing a new document pursuant to section 78 (1) which has become necessary due to a change in the information under section 78 (1) sentence 3, or due to the expiry of the technical period of validity for the use of the card, the loss of the document or the loss of the technical functionality of the document: 70 euros,

(2) In prosecuting and punishing violations of this Act, the authorities charged with implementing this Act cooperate in particular with the other authorities specified in section 2 (4) of the Act to Combat Clandestine Employment.

(6) Before the temporary residence permit under subsection (1) or (5) is withdrawn, revoked or its period of validity reduced pursuant to section 7 (2) sentence 2 for reasons which are beyond the foreigner’s control, the foreigner is to be given the opportunity, for a period of up to nine months, to apply for admission to another educational institution.

Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 3 des Gesetzes vom 8. Mai 2024 (BGBl. 2024 I Nr. 152)

9.  the foreigner has sufficient living space for himself or herself and for family members living together in the same household.

(6) If a foreigner's residence is to be terminated and his or her whereabouts are unknown, the police may enter an alert in their search systems for the purpose of establishing the foreigner’s whereabouts and apprehending him or her. For the purpose of verifying a foreigner’s identity, the police may enter an alert in their search systems, if doing so is necessary to establish the foreigner's identity. If a foreigner is subject to a ban on entry and residence pursuant to section 11, an alert is to be issued in the police search systems for the purpose of refusing entry and, if the foreigner is found in the federal territory, of apprehending him or her, unless an alert for this purpose has been entered into the Schengen Information System in accordance with Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14), or if such an alert in accordance with Regulation (EU) 2018/1861 is deleted for reasons beyond the control of the Schengen state which entered the alert. Section 66 of the Asylum Act applies accordingly to foreigners who have been allocated in accordance with section 15a.

d)  to require recognised research organisations to provide due notification, should the conditions pertaining to recognition or conditions pertaining to concluded hosting agreements cease to apply or in the event of changes to any other significant circumstances,

(2a) A foreigner who has successfully completed studies at a state or state-recognised university or a comparable educational institution in the federal territory or who holds a temporary residence permit as a researcher or scientist in accordance with sections 18b, 18d, 19c (1) or an EU Blue Card is, as a general rule, to be issued a temporary residence permit for self-employment purposes in derogation from subsection (1). The envisaged self-employment must demonstrate a connection to the knowledge acquired during the higher education studies or the research or scientific activities.

(5) Section 45 of Book Eight of the Social Code does not apply to departure facilities and facilities which serve as temporary accommodation for foreigners who are granted a temporary residence permit for reasons of international law or on humanitarian or political grounds or whose deportation is suspended.

Sentence 1 no. 2, section 5 (1) no. 1 with the exception of the existence of sufficient health insurance coverage and section 27 (3) sentence 1 do not apply if

(1) A foreigner who is of age is capable of performing procedural actions pursuant to this Act, provided that he or she would not be legally incapacitated according to the Civil Code or would not require supervision and prior approval in this matter.

(2) Periods in which the foreigner attended school outside of the federal territory are not normally counted towards the required duration of possession of a temporary residence permit as stipulated in subsection (1).

d)  has held a temporary residence permit for two years which is not subject to an ancillary provision pursuant to section 8 (2) or the subsequent issuance of a permanent settlement permit has not been ruled out by a rule of law; this does not apply to a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative,

(4) In the cases covered by subsection (3) sentence 3 the authority which has requested allocation pursuant to subsection (3) orders the foreigner to report to the reception centre designated as a result of the allocation process; in the cases covered by subsection (3) sentence 2 it may issue such an order. The foreigners authority forwards the result of the interview to the authority requesting allocation, which notifies the central allocation agency of the number of foreigners, stating the countries of origin and the results of the interview. Spouses and parents and their minor unmarried children are registered and allocated as a group. The foreigner must stay at this reception centre until re-allocated to another location within the Land, but only until deportation has been suspended or a residence title has been issued; sections 12 and 61 (1) remain unaffected. The Land governments are authorised to regulate allocation within the Land by statutory instrument, unless allocation is regulated by Land law on the basis of this Act; section 50 (4) of the Asylum Act applies accordingly. The Land governments may delegate the said authorisation to other bodies of the Land. Orders pursuant to sentence 1 are not contestable. Any legal actions have no suspensive effect. Sentences 7 and 8 apply accordingly, if an allocation order is issued on the basis of a Land law or a statutory instrument pursuant to sentence 5.

(2) The limitation period for claims pursuant to sections 66 and 69 is also interrupted for as long as the party liable for costs is not resident in the federal territory or for as long as that party’s residence in the federal territory cannot be ascertained because he or she has failed to meet a statutory registration or notification obligation.

(4) Section 60 (1) to (3), (5) and (7) to (9) applies accordingly. A foreigner who has filed an application for asylum may not be refused entry if the foreigner is permitted to stay in the federal territory in accordance with the provisions of the Asylum Act.

1.  has resided in the federal territory for at least six years or, if the foreigner is living with a minor unmarried child as a family unit, for at least four years without interruption on the basis of a temporary suspension of deportation, on the basis of permission to remain pending the asylum decision or by holding a temporary residence permit,

1.  the host entity was established for the main purpose of facilitating the entry and residence of foreigners for purposes referred to in the relevant provisions,

(1) On behalf of a foreigner wishing to enter the country for one of the purposes of residence listed in sections 16a, 16d, 18a, 18b, 18c (3) and section 18g, employers may apply for a fast-track procedure. Employers may authorise third parties to carry out the procedure.

3.  the foreigner or the spouse living with him or her as a family unit was the holder of an EU Blue Card or a temporary residence permit in accordance with sections 18a, 18b, 18d, 19c (1) for employment as an executive, manager, business specialist, academic, visiting academic, engineer or technician in a research team of a visiting academic or as teaching staff, section 19c (2) or (4) sentence 1 or section 21, immediately before being granted a permanent settlement permit or an EU long-term residence permit.

5.  a list of states and occupations for which the Federal Republic of Germany denies applications for an EU Blue Card for ethical reasons, including the reasons for denial.

(1) Public contracting entities under section 99 of the Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen) may exclude a candidate or tenderer from competing for a supply, construction or service contract if the candidate or tenderer or his or her representative authorised by statutes or law

(6) The authorities charged with implementing this Act or entrusted with sovereign powers to check identities may use automated means to process the data stored on the chip, with the exception of biometric data, to discharge their statutory duties. If the data cannot be retrieved from the chip, the authorities referred to there may use automated means to process the data contained in the machine-readable zone referred to in subsection (2) sentence 2 to discharge their statutory duties.

7.  fails, in the course of an interview to clarify reservations against entry or continued residence, to inform the German diplomatic mission abroad or the foreigners authority of previous stays in Germany or other states, or intentionally furnishes no, false or incomplete information on key points regarding links to persons or organisations suspected of supporting terrorism or threatening the free democratic basic order or security of the Federal Republic of Germany; expulsion on this basis is permitted only if the foreigner is expressly informed before the interview of the security-related purpose of the interview and the legal consequences of refusing to furnish information or of furnishing false or incomplete information,

(3) If a family member living as part of a family household has committed offences pursuant to subsection (1) sentence 1 no. 6, this leads to denial of the temporary residence permit for other family members according to this provision. Sentence 1 does not apply to the spouse of a foreigner who has committed offences within the meaning of subsection (1) sentence 1 no. 6 where the spouse otherwise meets the requirements of subsection (1) and it is necessary to enable the continued stay of the spouse in order to avoid special hardship. Where, in exceptional cases, children are separated from their parents, their care and welfare in Germany must be ensured.

2.  keep a copy of the residence title, of the work permit from the Federal Employment Agency or of the certificate confirming permission to remain pending the asylum decision or confirming suspension of deportation, in electronic or paper form for the duration of the employment, and

4.  foreigners are to be granted a temporary residence permit once equivalence of the vocational qualification has been established or the authorisation to work in the occupation in the federal territory has been granted as part of a stay under section 16d,

(1) If foreigners are refused entry, the carrier which transported them to the border is required to remove them from the federal territory without delay.

3.  in contravention of section 48 (1) or (3) sentence 1, fails to submit, on time or at all, a document or paper or a data carrier referred to therein, or fails to surrender the same on time or at all, or fails to leave, on time or at all, the same with the competent authorities, or

(5) The length of time during which the certificate contained the additional wording “for persons whose identity is not verified” will not be counted towards the future suspension of deportation for persons in vocational training or employment (Vorduldungszeiten). Foreigners holding certificates containing the additional wording “for persons whose identity is not verified” are not allowed to pursue an economic activity. They are subject to a residence restriction as referred to in section 61 (1d).

The further transmission of data between the authorities referred to in sentence 1 and the authorities responsible for the asylum procedure and for decisions on residence matters which is required as a result of the transmission pursuant to subsection (1a) and sentences 1 and 2 may be effected via the Federal Office of Administration. The authorities referred to in sentence 1 may process the data transmitted to them as far as necessary to discharge their statutory duties. The Federal Office of Administration stores the transmitted data for as long as necessary for the purposes of the security check. The Federal Criminal Police Office immediately checks whether the data transmitted pursuant to subsection (1a) sentence 4 on the person in question match the personal data stored at the Federal Criminal Police Office on a person who is the subject of an alert. If this is not the case, the Federal Criminal Police Office is to delete immediately the data transmitted pursuant to subsection (1a) sentence 4 on the person in question. Results of checks pursuant to subsection (1a) sentence 5 intended to verify, establish or document identity may be transmitted to the authorities responsible for registration and the asylum procedure, the authorities responsible for decisions on residence matters and to the Federal Police, the Federal Criminal Police and the competent police authorities. Provisions regulating the transmission of data under other acts remain unaffected.

12.  to stipulate how the residence of foreigners who have been granted temporary protection in accordance with section 24 (1) may be relocated to another member state of the European Union,

3.  no German workers, foreigners having the same legal status as German workers with regard to the right to take up employment or other foreigners who are entitled to preferential access to the labour market under the law of the European Union are available for the type of employment concerned (labour-market test), provided this test is required by the Ordinance on the Employment of Foreigners or by law.

6.  occupations in which nationals of specific states are to be denied an EU Blue Card, because there is a lack of qualified workers in these occupations in the country of origin,

1.  foreigners taking up employment or pursuing an economic activity without the necessary residence title under section 4,

(4) The Federal Office for Migration and Refugees notifies the competent authority of another member state of the European Union in which the foreigner concerned possesses an ICT Card as to the content and date of a decision on

9.  to stipulate the conditions according to which an substitute identity document may be issued and for how long such an substitute identity document is valid,

(1) A foreign juvenile or foreign young adult who has reached the age of legal majority and has a temporary residence permit under section 104c or has been granted a temporary suspension of deportation is as a general rule to be granted a temporary residence permit if

Suitable technical and organisational measures as required by Articles 24, 25 and 32 of Regulation (EU) 2016/679 are to be taken to secure the data against unauthorised modification, deletion and retrieval. Fingerprints are taken of persons who are six years of age and older. In applying section 10a (1) sentence 1 of the Act on Identity Cards (Personalausweisgesetz) accordingly, the following data are to be transmitted to and stored on an electronic storage and processing medium in a mobile terminal device at the foreigner’s request:

(4) In all other cases, a minor unmarried child of a foreigner may be granted a temporary residence permit if necessary to prevent special hardship on account of the circumstances in the individual case concerned. The child’s well-being and the family situation are be taken into consideration. Section 36a applies to minor, unmarried children of foreigners who possess a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative

(3) In the cases covered by section 64 (1) and (2), the transport carrier, in addition to the foreigner, is liable for the costs of the foreigner’s return transportation and for the costs which arise from the time the foreigner arrives at the border crossing point until the decision on entry is enforced. A transport carrier who culpably contravenes an order pursuant to section 63 (2) is, in addition to the foreigner, liable for any other costs arising from refused entry in cases covered by section 64 (1) or from deportation in cases covered by section 64 (2).

If the competent authority issues a notification determining that the occupational qualification abroad is not equivalent but that equivalence can be achieved by taking part in a qualification measure, the procedure described in section 81a may be continued, the aim being the entry for the purpose under section 16d.

b)  has been incontestably sentenced to a prison term or a term of youth custody for one or more intentionally committed offences against life, physical integrity, sexual self-determination or property or for resisting enforcement officers if the criminal offence was committed using violence, using a threat of harm to life or limb, or with guile, or if it constitutes an offence under section 177 of the Criminal Code; this also applies if the foreigner has committed serial offences against property even if the perpetrator did not use violence, threats or guile,

The authority responsible for applying for detention for the purpose of transfer may detain a foreigner without a prior judicial order and place such foreigner in temporary custody, if

(1) Foreigners are to be deported if the obligation to leave the federal territory is enforceable, no period has been allowed for departure or such a period has expired, and voluntary fulfilment of the obligation to leave is not assured or supervision of departure appears necessary on grounds of public security and order. If one of the conditions stipulated in section 59 (1) sentence 2 becomes applicable within the period allowed for departure, the foreigner is, as a rule, to be deported before the period expires.

(3) The authorisation pursuant to subsection (1) is granted for a limited time. It may be revoked at any time if the requirements of subsection (1) are no longer fulfilled or legitimate doubts arise as to the person's qualification as a doctor.

(1) Foreigners may pursue political activities within the bounds of the general statutory provisions. A foreigner’s political activities may be restricted or prohibited if they

(5) The obligations pursuant to subsections (1) to (4) are suspended if the foreigner is in custody. An order pursuant to subsections (1) to (4) is immediately enforceable.

3.  the foreigner no longer meets the conditions for being granted a residence title under section 25 (4a) or (4b) on account of other circumstances.

(8) Before a temporary residence permit pursuant to section 38a (1) is suspended, before a foreigner who holds such a temporary residence permit is expelled and before a deportation order is issued pursuant to section 58a, the competent authority in the proceedings pursuant to section 91c (2) gives, through the Federal Office for Migration and Refugees, the member state of the European Union in which the foreigner has the legal status of a long-term resident an opportunity to submit an opinion, if deportation to an area in which this legal status cannot be acquired is under consideration. If the opinion of the other member state is received in sufficient time, it will be taken into consideration by the competent authority.

3.  in cases where a procedure under no. 2 was initiated, send the employer without delay any notifications by the competent bodies stating that they have received the relevant documents and that these are complete; if the competent body needs more documents and if the employer has received an assessment by the competent body, the employer is to be invited within three working days of receipt in order to be handed the assessment and discuss any further steps to be taken,

2.  details of the identity and travel document: details of the identity and travel document are defined as the type, number, issuing authority, date of issue and period of validity.

11.  to stipulate details pertaining to the collection and use of data pursuant to section 91a and to the conditions and the procedure for data transmission,

4.  on the basis of the child’s education and way of life to date, he or she has integrated into the way of life in the Federal Republic of Germany and it is ensured that the child will remain integrated in this way of life in the future and

2.  who possess a residence title under Division 5 which was not granted on the basis of section 25 (1) or (2) or have a comparable legal status in another member state of the European Union,

3.  the foreigner no longer meets the conditions for being granted a temporary residence permit under section 18d or 18f or allowing a hosting agreement to be concluded with him or her.

(8a) Insofar as the authorities of other Schengen states must be notified of decisions in accordance with Article 34 of Regulation (EC) No 810/2009 taken by the foreigners authorities, notification will be via the Federal Office for Migration and Refugees. The authorities charged with policing cross-border traffic will notify the authorities of other Schengen states immediately of their decisions in accordance with Article 34 of Regulation (EC) No 810/2009.

1.  has been incontestably sentenced to a prison term of at least six months for one or more intentionally committed offences,

(2) Economic activity is self-employment, employment as defined in section 7 of Book Four of the Social Code (Sozialgesetzbuch) and employment as a civil servant.

(1c) Notwithstanding subsections (1) to (1b), a geographic restriction for the stay of a foreigner who is enforceably required to leave the federal territory may be ordered if

6.  denials of departure under section 46 (2) sentence 1, orders and imposition of a time limit on a ban on entry and residence under section 11, and

(3) The diplomatic missions abroad and the foreigners authorities may address requests for information to competent bodies of other member states of the European Union through the Federal Office for Migration and Refugees, where this is necessary to check whether the requirements for mobility pursuant to sections 16c and 18e are met or to issue a temporary residence permit pursuant to section 18f or a corresponding visa. To this end, they may transmit

(8) Section 28 (2) in the version applicable until 5 September 2013 continues to apply to such dependants of German nationals who already held a residence title under section 28 (1) on 5 September 2013.

1.  has successfully completed quality vocational training in Germany or has a foreign quality vocational qualification which is equivalent to one acquired in Germany (skilled worker with vocational training qualification), or

(2) Personal data may be processed in the technical device only as far as necessary for the purpose stated in subsection (1) sentences 1 and 2.

3.  the period allowed for departure has expired and the foreigner has changed his or her place of residence without notifying the foreigners authority of an address where he or she can be reached,

(6) In the cases covered by subsection (1) nos. 2 and 3, an act carried out without the necessary residence title will be deemed equivalent to an act carried out on the basis of a residence title obtained by threat, bribery or collusion or by furnishing incorrect or incomplete information.

(2) Denial and restriction of a visa and passport substitute before the foreigner enters the federal territory does not require any statement of reasons or information on available legal remedies; refusal at the border does not require written form. Formal requirements for the denial of Schengen visas are determined by Regulation (EC) No 810/2009.

2.  the foreigner has voluntarily re-established contact with the persons referred to in section 25 (4a) sentence 2 no. 2 after being duly informed pursuant to sentence 4.

(1) The spouse or minor unmarried child of a foreigner holding a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative may be granted a temporary residence permit on humanitarian grounds.

(5) If a foreigner against whom legal proceedings are instituted by a public authority applies for a temporary suspension of deportation for the purpose of training, the decision on the temporary suspension of deportation for the purpose of training is suspended until the attendant proceedings are completed and, in the case of a court ruling, until it is no longer subject to appeal, unless it is possible to reach a decision on the temporary suspension of deportation for the purpose of training without considering the outcome of the proceedings.

2.  the duration of the voluntary service scheme and the foreigner's hours of service, the placement and supervision conditions of the voluntary service,

2.  the applicant cannot be licensed or permitted to practise medicine temporarily pursuant to sections 3 or 10 of the Federal Medical Code because the necessary certificates or documentation cannot be presented for reasons beyond the applicant’s control.

(7) At night, the home may be entered or searched only if there are facts indicating that it would otherwise be impossible to apprehend the foreigner for the purpose of deportation. Organising the deportation does not constitute a fact as referred to in sentence 1 unless it involves conditions which cannot be influenced by the authority carrying out the deportation.

2.  the research organisation has undertaken in writing to bear the costs incurred by public bodies up to six months after termination of the hosting agreement for

(1) The permanent settlement permit (Niederlassungserlaubnis) is a residence title which is not limited in time. It may only be subject to an ancillary provision in the cases expressly permitted by this Act. Section 47 remains unaffected.

(2) In the event of expulsion, a deportation order under section 58a or refusal of entry, a ban on entry and residence is to be issued together with the expulsion order, the deportation order under section 58a or the decision to refuse entry. In all other cases, the ban on entry and residence is to be issued, as a general rule, together with the deportation warning, the condition precedent being the deportation or removal, or at the latest at the time of deportation or removal. The length of the ban on entry and residence is to be set ex officio. The clock begins to run when the foreigner leaves the country or is refused entry. The length of the ban may be subject to conditions to prevent a threat to public safety and order, in particular requiring the foreigner to provide proof that he or she is not subject to prosecution or is not using illegal drugs. If the condition is not met before the ban expires, the ban is automatically extended at the time it would expire under sentence 5.

3b.  to define self-employed activities for which a permit pursuant to section 4a (1) sentence 1 is never required or is not required under certain conditions,

2.  has been sentenced to an incontestable prison term of more than three months or a fine in excess of 90 daily rates under sections 10, 10a or 11 of the Act to Combat Clandestine Employment.

(1) The admission of foreign employees is geared to the requirements associated with making Germany an attractive place to conduct business and research, giving due consideration to the labour market situation. The opportunities given to foreign workers and skilled workers serve to guarantee the supply of labour and to strengthen the social security systems. They are intended to promote the lasting integration of skilled workers and experienced workers in society and the labour market, with due consideration of public security interests.

2.  if the foreigner presents a training agreement which provides for theoretical and practical training with a host entity and contains the following:

(7) The Länder may order a temporary residence permit in accordance with subsections (1) and (2) to be denied to nationals of certain states on grounds of national security for the Federal Republic of Germany. In order to ensure a nationwide uniform approach, the order requires the approval of the Federal Ministry of the Interior, Building and Community.

3.  they and their dependants living with them as a family unit are protected against the risk of illness and the need for nursing care by statutory health insurance or an essentially equivalent form of insurance coverage which applies for an indefinite period or is extended automatically and

(1) The Federal Office for Migration and Refugees receives applications under section 18f and forwards them to the competent foreigners authority. It informs the applicant of the competent foreigners authority.

10.  to regulate the obligations concerning identification papers of foreigners residing in the federal territory with regard to the issuance and extension, loss and relocation, presentation and surrender of a passport, passport substitute and substitute identity document, the entries concerning entry into, exit from and interception in the federal territory and decisions by the competent authorities in such documents,

2.  the public prosecutor’s office or the criminal court considers the information provided by the foreigner referred to in section 25 (4a) sentence 2 no. 1 or (4b) sentence 2 no.1 to be in all reasonable probability false or

6.  agree in advance to granting the visa without delay, provided the necessary requirements are met, which includes determining the equivalence or the comparability of the occupational qualification and the consent of the Federal Employment Agency.

2.  the foreigner required to leave the federal territory has possessed a temporary suspension of deportation for at least 12 months,

1.  the foreigner holds a residence title issued by another member state in accordance with Directive 2016/801/EU for the duration of the procedure,

(3) Foreigners have a secure subsistence if they are able to earn a living, including sufficient health insurance coverage, without recourse to public funds. Drawing the following benefits does not constitute recourse to public funds:

(1) The denial of a national visa and a passport substitute at the border is not subject to appeal. Upon being denied a national visa and a passport substitute at the border, the foreigner is informed of the possibility of filing an application with the competent diplomatic mission abroad.

(4) If, within 30 days of receipt of the notification referred to in subsection (1) sentence 1, the foreigner has not been denied entry and residence in line with section 19f (5), the Federal Office for Migration and Refugees is to issue the foreigner with a certificate confirming the entitlement to enter and stay in the federal territory to study as part of short-term mobility.

(1a) Data collected or stored to document, establish and verify a person’s identity pursuant to section 16 (1) sentence 1, of the Asylum Act and section 49 concerning persons within the meaning of section 2 (1a) and (2) no. 1 of the Act on the Central Register of Foreigners may be transmitted via the Federal Office of Administration to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counter-Intelligence Service, the Federal Criminal Police Office, the Federal Police and the Customs Criminological Office in order to ascertain any grounds for denying a visa pursuant to section 3 (2), section 4 (2) of the Asylum Act, section 60 (8) sentence 1, and section 5 (4) or to investigate any other security reservations. The data referred to in sentence 1 may be transmitted via the Federal Office of Administration to the security authorities and intelligence services listed in sentence 1 to ascertain the grounds for denial referred to in sentence 1 or to investigate any other security reservations and to determine whether the conditions for revocation or withdrawal pursuant to sections 73 to 73b of the Asylum Act are met. Data to document, establish and verify identity

1.  the period allowed for departure has expired, unless the foreigner was prevented from leaving through no fault of his or her own or the period allowed for departure has been exceeded by an insignificant amount of time,

Propain Ekano2 CF

(1) In the absence of any provisions to the contrary, a residence title is issued to a foreigner only upon application by said foreigner.

2.  furnishes or uses false or incomplete information in order to procure a residence title or a suspension of deportation for themselves or for another or to prevent the expiry or subsequent restriction of a residence title or the suspension of deportation, or who knowingly uses a document procured in this manner for the purpose of deceit in legal matters.

5.  the foreigner has failed to meet the obligation specified in section 60b (3) sentence 1 nos. 1, 2 and 6 to acquire a passport or passport substitute or has refused or failed to cooperate as required by law in ways other than those listed in subsection (3a) no. 2, in particular the obligation to cooperate pursuant to section 48 (3) sentence 1 and was informed in advance of the possibility of being taken into custody for failing to meet the obligation to acquire a passport or passport substitute as required by section 60b (3) sentence 1 nos. 1, 2 and 6 or for refusing or failing to cooperate,

(1) The data on foreigners referred to in section 24 (1) who have applied for or have been granted a visa or a temporary residence permit as well as data on their dependants within the meaning of Article 15 (1) of Directive 2001/55/EC are stored in the Central Register of Foreigners in line with its applicable rules. The scope of the data to be stored in line with Article 10 of Directive 2001/55/EC takes account of the rules laid down in the applicable version of Annex II (a), to the extent that storing these data in the Central Register of Foreigners is provided for.

(2) An adult unmarried child whose deportation has been suspended, who is the child of a foreigner whose deportation has been suspended and who has been continuously resident in the federal territory for at least eight years on 1 July 2007, or, if the foreigner lives together with one or more minor, unmarried children as a family unit, where the child has been continuously resident in the federal territory for at least six years on the said date, by virtue of his or her deportation having been suspended, being permitted to remain pending the asylum decision or on account of a temporary residence or permanent settlement permit having been issued on humanitarian grounds, may be granted a temporary residence permit pursuant to section 23 (1) sentence 1 where said child was a minor at the time of entering the federal territory and where it appears, on the basis of the child’s education and way of life to date, that he or she is capable of integrating into the way of life in the Federal Republic of Germany. The same applies to a foreigner who has been continuously resident in the federal territory for at least six years as an unaccompanied minor by virtue of his or her deportation having been suspended, being permitted to remain pending the asylum decision or on account of a temporary residence or permanent settlement permit having been issued on humanitarian grounds, where it appears, on the basis of the child’s education and way of life to date, that he or she is capable of integrating into the way of life in the Federal Republic of Germany.

(1) Foreigners who enter the country unlawfully without applying for asylum and who, when their unlawful entry has been detected, cannot be placed in custody pending deportation and deported or expelled directly from custody must be allocated to the Länder before deciding on the suspension of deportation or issuing a residence title. They are not entitled to be allocated to a specific Land or a specific town or location. Allocation to the Länder is carried out by a central allocation agency determined by the Federal Ministry of the Interior, Building and Community. Unless another formula for allocation has been agreed among the Länder, the formula for the allocation of asylum applicants applies. Each Land appoints up to seven authorities to request allocation by the agency appointed in accordance with sentence 3 and to admit the allocated foreigners. If the foreigner furnishes evidence prior to allocation that a household community exists between spouses or parents and their minor children or that other compelling reasons exist which conflict with allocation to a certain place, this is given due consideration in the allocation process.

4.  the equivalence of the qualification has been established or the foreigner has a foreign higher education qualification which is recognised or otherwise comparable to a German higher education qualification to the extent that this is a condition for being granted the residence title,

2.  10 years have elapsed since the foreigner’s last departure from the federal territory, the attempted unlawful entry or the termination of an unlawful stay,

(1) is issued for study purposes or for other educational purposes, sections 16a and 16b apply accordingly. In the cases covered by section 16a, the residence title is issued without the approval of the Federal Employment Agency.

9.  Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ L 304, p. 12),

a)  for the determination that the acquired occupational qualification is equivalent to an occupational qualification acquired in Germany, or

3.  the foreigner’s subsistence cannot be ensured without claiming benefits under Book Two or Book Twelve of the Social Code or juvenile welfare under Book Eight of the Social Code, unless the foreigner is in education or training which leads to a recognised school or vocational qualification.

c)  rules for the secure transmission of the photograph to the competent authority and for the registration and certification of service providers to produce the photograph,

(13) The provisions of Chapter 2 Division 6 in the version valid until 31 July 2018 continue to apply to the subsequent immigration of dependants to join a foreigner who was granted a temporary residence permit by 17 March 2016 under section 25 (2) sentence 1 second alternative, if the application for the first-time issuance of a residence title for the purpose of subsequent immigration of dependants to join the foreigner was filed by 31 July 2018. Section 27 (3a) applies accordingly.

1.  ex officio of any circumstances justifying the revocation of a residence title issued pursuant to section 25 (4a) or (4b) or the shortening or annulment of a deadline for leaving the country granted pursuant to section 59 (7) and

(3) Application of subsections (1) and (2) is to be waived in the cases of a residence title granted pursuant to section 24 or section 25 (1) to (3); application of subsection (1) nos. 1 to 2 and 4 and subsection (2) is to be waived in the cases of section 25 (4a) and (4b). Application of subsections (1) and (2) may be waived in the other cases of granting a residence title pursuant to Chapter 2 Division 5. Where application of subsection (1) no. 2 is waived, the foreigners authority may point out that expulsion is possible on account of certain public interests in expelling the foreigner which are the subject of criminal or other proceedings still in progress; such interests must be specified individually. Application of subsection (2) is to be waived in the event of a residence title granted pursuant to section 26 (3). Application of subsection (2) is to be waived in the event of a temporary residence permit granted pursuant to sections 18a, 18b, 19c (2) or Division 6 in application of section 10 (3) sentence 5.

(1a) Unless it is withdrawn or revoked, the obligation to take an integration course pursuant to subsection (1) sentence 1 no. 1 expires only if the foreigner has duly participated in the integration course.

(4) A foreigner against whom legal proceedings are instituted by a public authority or preliminary investigations are instituted under criminal law may be expelled or deported only in agreement with the competent public prosecutor’s office. A foreigner who qualifies as requiring protection within the meaning of the Act to Harmonise Protection for Witnesses (Zeugenschutz-Harmonisierungsgesetz) may be expelled or deported only in agreement with the Office for the Protection of Witnesses. The consent of the public prosecutor’s office pursuant to sentence 1 is not required if there is only minimal interest in the prosecution. This is the case where public charges were brought or a preliminary investigation initiated for a criminal offence pursuant to section 95 of this Act or pursuant to section 9 of the Act on the General Freedom of Movement of EU Citizens (Gesetz über die allgemeine Freizügigkeit von Unionsbürgern) or offences pursuant to the Criminal Code involving a minimal level of wrongdoing. Offences involving a minimal level of wrongdoing are those referred to in section 113 (1), section 115 of the Criminal Code (insofar as section 115 provides for the application of section 113 (1) of the Criminal Code), sections 123, 166, 167, 169, 185, 223, 240 (1), sections 242, 246, 248b, 263 (1), (2) and (4), sections 265a, 267 (1) and (2), section 271 (1), (2) and (4), sections 273, 274, 276 (1), sections 279, 281, 303 of the Criminal Code, section 21 of the Road Traffic Act (Straßenverkehrsgesetz) in the version published on 5 March 2003 (Federal Law Gazette I, p. 310, 919), last amended by Article 16 of the Act of 2 March 2023 (Federal Law Gazette 2023 I, no. 56), as amended, in the applicable version, and section 30 of the Compulsory Insurance Act (Pflichtversicherungsgesetz).

2.  to develop the necessary conditions for the most harmonious co-existence possible between foreigners and Germans and between different groups of foreigners, to promote mutual understanding and to counteract xenophobia;

3.  the foreigner has declared the willingness to testify as a witness in the criminal proceedings relating to the offence.

2.  has applied in another member state of the European Union for international protection status or for temporary protection within the meaning of section 24 and the decision on this application is pending,

(1) Integration in the labour market may be promoted by means of job-related German language training courses. As a rule, these courses build on the general language training provided in the integration courses. Job-related language training is coordinated and carried out by the Federal Office for Migration and Refugees. The Federal Office for Migration and Refugees enlists private or public institutions to run the job-related language training courses.

(2) If a member state of the European Union which is not a Schengen state issued the EU Blue Card in accordance with subsection (1) sentence 1 first half-sentence, in addition to the valid EU Blue Card, the foreigner must have a work contract or a binding job offer commensurate with his or her qualification at the level of a higher education qualification or a qualification from a tertiary programme of education which is equivalent to higher education studies which meets all the requirements of section 18g (1) sentence 5 and must keep the work contract or binding offer with him or her for at least six months in the federal territory.

(4) The temporary residence permit may be issued subject to the condition that the foreigner attend an integration interview or that an integration agreement be concluded.

(7) In the cases covered by subsection (2) no. 1a, the offence will only be prosecuted upon an application made by the competent body referred to therein.

a)  to regulate the procedure relating to the recognition of research organisations, the attendant conditions and the duration of recognition, the revocation of recognition of a research organisation and the content of and conditions pertaining to the conclusion of hosting agreements pursuant to section 18d (1) sentence 1 no. 1,

3.  the party acknowledging paternity has acknowledged paternity, in several instances, of children from different foreign mothers and in each case has created the legal prerequisites for the permitted entry or the permitted residence of the child or of the mother by so acknowledging paternity, also in those cases in which the child has acquired German nationality by the acknowledgement,

(3) As a general rule, a foreigner is to be granted a temporary residence permit if a deportation ban applies pursuant to section 60 (5) or (7). The temporary residence permit is not granted if departure for subsequent admission to another state is possible and reasonable or the foreigner has repeatedly or grossly breached the obligation to cooperate. Further, it is not granted where there is serious reason to believe that the foreigner

3.  information as to whether the person against whom the measure is directed is subject to a geographic restriction pursuant to section 56 (2) and (3) or a contact ban pursuant to section 56 (4),

(2) In the procedure under section 51 (8), the Federal Office for Migration and Refugees forwards inquiries ex officio to the competent bodies of the member state of the European Union concerned, stating the intended measure and the key factual and legal grounds for the intended measure as stated by the foreigners authority. To do so, the foreigners authority transmits the necessary information to the Federal Office for Migration and Refugees. The Federal Office for Migration and Refugees forwards to the competent foreigners authority the answers received from bodies of other member states of the European Union in this connection.

2a.  has been incontestably sentenced more than once to a prison term or a fine for offences as defined in divisions 17, 19 or 20 of the Criminal Code intentionally committed within a 12-month period; sentences of fines of up to 90 daily rates are ignored,

4.  the foreigner has been staying in the European Union for more than three years, or, in the case of a trainee employee, for more than a year, or

(3) If the determination pursuant to subsection (1) sentence 2 is incontestable, the foreigners authority furnishes the administrative authority recording acknowledgements or the registry clerk and the registry office with a certified copy for their information, indicating that the determination has become incontestable. If the authority discontinues the proceedings, it informs the administrative authority recording acknowledgements, the parties concerned and the registry office in written or electronic form.

(5) The police forces of the Länder are also responsible for removal, for enforcing the obligation to leave the federal territory pursuant to section 12 (3), for deportation and, where necessary to prepare and safeguard these measures, for arrests and for applying for custody.

(5) No Mobile ICT Card is granted if, in the context of the intra-corporate transfer, the foreigner will stay longer in the federal territory than in other member states.

(3a) A permanent settlement permit is to be granted to the spouse of a foreigner who possesses a permanent settlement permit pursuant to section 18c if the spouse

2.  has a German higher education qualification, a recognised foreign higher education qualification or a foreign higher education qualification comparable to a German one (skilled worker holding a higher education qualification).

(1a) The same punishment is applicable to anyone who intentionally commits an act specified in section 404 (2) no. 4 of Book Three of the Social Code or in section 98 (3) no. 1, who requires a residence title under section 4 (1) sentence 1 in order to reside in the federal territory and only possesses a residence title in the form of a Schengen visa pursuant to section 6 (1) no. 1.

Foreigners are required, when requested by the authority entrusted with checking persons’ identity, to present their passport, passport substitute or substitute identity document and enable the authority to check their faces against the photograph in the document. The same applies to the certificate confirming permission to remain pending the asylum decision pursuant to section 63 (1) sentence 1 of the Asylum Act. Foreigners holding an arrival certificate as referred to in section 63a (1) sentence 1 of the Asylum Act or one of the documents referred to in section 48 (1) no. 2 are required to present, upon request, the arrival certificate or document to the authority entrusted with checking the information stated therein and enable the authority to check their faces against the photograph in the document.

(2) If the notification was made at the time referred to in subsection (1) sentence 2, and if the foreigner has not been denied entry and residence under section 19f (5), the foreigner may enter the federal territory at any time during the validity of the residence title and stay there for research purposes. If the notification was made at the time referred to in subsection (1) sentence 3, the foreigner may enter the federal territory at any time after the notification is received and during the validity of the residence title issued by the other member state as referred to in subsection (1) sentence 1 no. 1 and stay there for research purposes.

1.  impair or endanger the development of informed political opinion in the Federal Republic of Germany, the peaceful co-existence of Germans and foreigners or of different groups of foreigners in the federal territory, public safety and order or any other substantial interests of the Federal Republic of Germany,

(3) Geographic restrictions, requirements and conditions, time limits pursuant to section 11 (2) sentence 1, orders pursuant to section 47 and other measures concerning a foreigner who does not possess a required residence title may be amended or removed by a different authority only in agreement with the authority which ordered the measures. Sentence 1 does not apply if the foreigner’s residence is restricted to the region for which the other foreigners authority is responsible in accordance with the Asylum Act.

Section 9 (2) sentences 2 to 6, section 9 (3) sentence 1 and section 9 (4) apply accordingly; the condition set out in sentence 1 no. 3 is also waived if the foreigner has reached the statutory retirement age under section 35 sentence 2 or section 235 (2) of Book Six of the Social Code. In derogation from sentences 1 and 2, a foreigner who holds a temporary residence permit in accordance with section 25 (1) or (2) sentence 1 first alternative is to be granted a permanent settlement permit if

It is not possible to extend the length of custody to enforce cooperation. A period of custody to enforce cooperation counts towards the overall duration of custody to secure deportation. Section 62a (1) applies accordingly.

2.  who is the subject of criminal proceedings on account of one or several criminal offences listed in section 36a (3) no. 2, or

7.  coordinating the programmes and taking part in projects to promote voluntary returns, and paying out funds approved under those schemes;

(1a) In cases covered by section 60a (2a), residence is restricted to the administrative district of the most recently responsible foreigners authority. The foreigner must proceed to such location without delay after entering the federal territory. If it is impossible to determine which foreigners authority is responsible, section 15a applies accordingly.

(2) As a rule, notifications under subsection (1) are to contain the following information on the foreigner who is obliged to register with the authorities:

(2) A foreigner is deemed to have entered the federal territory only after having crossed the border and passed through the border checkpoint. Should the authorities charged with policing cross-border traffic allow a foreigner to pass through the border checkpoint for a specific temporary purpose prior to a decision on the refusal of entry (section 15 of this Act, sections 18, 18a of the Asylum Act) or during preparation, safeguarding or implementation of this measure, this does not constitute entry as defined in sentence 1 as long as the said authorities remain able to monitor the foreigner’s stay. In all other cases, a foreigner is deemed to have entered the federal territory when crossing the border.

(2) As a general rule, the temporary residence permit may not be extended if, at the time the permit was granted or last extended, the competent authority prohibited an extension for a stay having only a temporary nature in line with the purpose of residence.

2.  A maximum of six months for each stay outside of the federal territory which did not lead to expiry of the temporary residence permit.

(2) 2.75″CF and (2) 1.33″CF ports Unitary 316L stainless steel construction Compact Can be used as a miniature vacuum chamber Grabber Grooves on 2.75″CF for internal mounting Double density bolt holes on 1.33″ CF ports Weight: 0.97 lbs. (0.44 kg)

3.  the foreigner has displayed behaviour which makes it reasonable to expect that he or she will make the deportation more difficult or impossible. This is the case if the foreigner

(7) If the foreigner has a temporary residence permit under section 104c, the time periods referred to in section 60b (5) sentence 1 are also to be counted when applying subsection (1) sentence 2 no. 1.

(3) A foreigner who is exempted from the requirement to have a residence title for a temporary stay in the federal territory may be refused entry if the foreigner does not fulfil the requirements of section 3 (1) and section 5 (1).

(4) If a formal request for extradition or a request for arrest combined with a notification of intent to file a request for extradition has been received from another state, the foreigner may be deported to this state prior to the decision on extradition only with the approval of the authority responsible for approving extradition under section 74 of the Act on International Mutual Assistance in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen).

The weighing-up of interests in accordance with sentence 1 no. 3 is to give special attention to the scientific interest in the research project as part of the public interest. No transmission is permitted without the consent of the person concerned. Information about the surname and given names, address, telephone number, email address and structural features of the person concerned which are urgently needed to initiate a project as referred to in sentence 1 may be transmitted without consent if necessary to obtain consent; the reasons for this need are to be provided in writing to the Federal Office for Migration and Refugees. Personal data as referred to in sentence 1 are to be pseudonymised if possible given the research purpose and if it does not require unreasonable effort in proportion to the intended purpose of protection. Features which enable specific persons to be identified are to be stored separately. They may be combined with the individual details only if this is necessary for the research purpose. Features which enable specific persons to be identified are to be deleted as soon as the research purpose allows and no later than the end of the research project unless it is possible by way of exception to delete the data earlier. The data are to be anonymised as soon as the research purpose allows. The research organisation to which the data were transmitted may only process the data to carry out the research project. The data are to be protected against unauthorised disclosure to third parties. The research organisation must ensure that the use of the personal data is physically and organisationally separate from the performance of administrative tasks or business purposes for which these data could also be significant. As a general rule, the Federal Office for Migration and Refugees is also, on request, to transmit to research organisations anonymised data needed to carry out scientific research projects on integration issues.

13a.  to set out rules pertaining to travel documents for foreigners, travel documents for refugees and travel documents for stateless persons with an electronic storage and processing medium in accordance with Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by member states (OJ L 385, 29.12.2004, p. 1) and Regulation (EC) No 444/2009 of the European Parliament and of the Council of 28 May 2009 amending Council Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by member states (OJ L 142, 6.6.2009, p. 1) and to define details regarding the preparation of documents with an electronic storage and processing medium pursuant to section 78 in accordance with Council Regulation (EC) No 1030/2002 of 13.6.2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1) in the applicable versions and, in this respect, to stipulate the following pertaining to travel documents and documents pursuant to section 78:

Section 23Granting of residence by the supreme Land authorities; admission when special political interests apply; resettling persons seeking protection

3.  it is not to be expected that the foreigner who is to be joined by dependants will have his or her temporary residence permit extended nor that he or she will be granted another residence title, or

(2) If the application for a temporary residence permit is filed at least 30 days prior to the beginning of the stay in the federal territory and if the residence title issued by the other member state continues to be valid, the foreigner’s residence and economic activity is permitted for up to 180 days in a 360-day period until the foreigners authority decides on the application.

(1) Bans on entry and residence are to be issued for foreigners who have been expelled, removed or deported or who are subject to a deportation order according to section 58a. Bans on entry and residence are also to be issued for foreigners who have been refused entry because they attempted to enter the federal territory using forged or falsified documents. As a result of the ban on entry and residence, the foreigner is permitted neither to re-enter nor to stay in the federal territory or the territory of another member state of the European Union or another Schengen state, nor may the foreigner be granted a residence title, even if he or she is entitled to one under this Act. If the foreigner is allowed to enter and stay in another member state of the European Union or another Schengen state, the ban on entry and residence does not extend to that member state of the European Union or that Schengen state.

(3) The temporary suspension of deportation granted pursuant to subsection (1) is to be revoked if any of the conditions listed in subsection (1) nos. 1 to 10 is no longer met. In the case of subsection (1) nos. 3 and 4, brief interruptions beyond the foreigner’s control are not taken into account. If the employment relationship is terminated, the employer is required to inform the responsible foreigners authority, within two weeks of becoming aware of the termination, in written or electronic form of the date of termination, the surname, first name and nationality of the foreigner.

(3) Every residence title must indicate whether the pursuit of an economic activity is permitted and whether it is subject to any restrictions. Furthermore, residence titles must indicate any restrictions on the pursuit of employment imposed by the Federal Employment Agency. Permission is required to change a restriction indicated in a residence title. If a residence title was granted for the purpose of a specific employment, pursuing another economic activity is prohibited as long as and to the extent that the competent authority has not given its permission. Sentences 2 and 3 do not apply if there is a change in ownership owing to a transfer of business as defined in section 613a of the Civil Code (Bürgerliches Gesetzbuch) or if there is a change in the legal form of the business.

Section 105Transitional arrangements for the temporary suspension of deportation for persons whose identity is not verified

(12) Foreigners whose knowledge of the language corresponds to Level C1 of the Common European Framework of Reference for Languages have an advanced command of the German language.

(1) To prevent a serious threat to internal security or to the life and limb of others, foreigners who are subject to geographic restrictions pursuant to section 56 (2) and (3) or to contact bans pursuant to section 56 (4) may be required, by a judicial order,

independent of how the working time is distributed, as two and one-half working days. The most favourable method as referred to in sentence 3 means determining for each calendar week whether the employment is counted according to sentence 3 no. 1 or no. 2.

(8) In the absence of any legal provisions to the contrary, personal data from documents as referred to in subsection (1) may be processed with the help of technical means only by way of the electronic proof of identity as referred to in subsection (5). The same applies to the processing of personal data with the help of a document referred to in subsection (1).

3.  there is a well-founded suspicion that the foreigner intends to evade the order for custody referred to in subsection (1).

(2a) Derogation from the requirements stipulated in subsection (1) sentence 1 nos. 1 to 3 is possible if the foreigner has been unlawfully forced into marriage by means of violence or threat of serious harm and has been prevented from returning to Germany, and he or she files the application for a temporary residence permit no more than three months after the coercive situation has ended and within five years of departure from the federal territory, and it appears, on the basis of the foreigner’s education and way of life to date, that he or she will be able to become integrated into the way of life in the Federal Republic of Germany. As a general rule, if the foreigner fulfils the requirements of subsection (1) sentence 1 no. 1, the foreigner is to be granted a temporary residence permit if he or she has been unlawfully forced into marriage by means of violence or threat of serious harm and has been prevented from returning to Germany, and he or she files the application for a temporary residence permit no more than three months after the coercive situation has ended and within 10 years of departure from the federal territory. Subsection (2) remains unaffected.

(1) If there are not enough doctors licensed in accordance with the Federal Medical Code (Bundesärzteordnung) to provide health care for foreigners who already have or have applied for a temporary residence permit pursuant to section 24 (1) and who have been issued a provisional residence document pursuant to section 81 (5) in conjunction with subsection (3) in a reception centre or another facility designated by the Land for accommodating these persons, and if this endangers the provision of health care for these foreigners in these facilities, foreigners who already have or have applied for a temporary residence permit pursuant to section 24 (1) and who have been issued a provisional residence document pursuant to section 81 (5) in conjunction with subsection (3) who live in these facilities and have completed their medical training may temporarily, upon application, be authorised to practise general medicine in these facilities in order to help doctors in providing health care for these persons.

3.  other foreign, supranational or intergovernmental bodies, subject to the provisions of Chapter V of Regulation (EU) 2016/679 and other general data protection provisions.

(7) The Federal Office of Administration is to undertake state-of-the-art technical and organisational measures in accordance with Articles 24, 25 and 32 of Regulation (EU) 2016/679 to ensure data protection and data security which, in particular, safeguard the confidentiality and integrity of the data stored in the special organisational unit and transmitted.

(5c) If a person with long-term resident status in another EU member state is granted international protection in Germany within the meaning of section 2 (13) before he or she is granted an EU long-term residence permit pursuant to section 9a, the Federal Office for Migration and Refugees asks the competent authority of the other member state to indicate in the EU long-term residence permit that Germany has granted this person international protection.

(3) Foreigners meet the requirement to leave the federal territory by entering another member state of the European Union or another Schengen state only if they are permitted to enter and stay there. If this is the case, a foreigner who is required to leave the federal territory is to be ordered to proceed to the territory of that state without delay.

the foreigner will be deemed to have met the deadline if he or she took all necessary and reasonable measures to verify his or her identity within the time periods given in (a) to (c), but his or her identity was unable to be verified until after these periods for reasons beyond the foreigner’s control,

(2) Public bodies within the meaning of subsection (1) are to notify the competent foreigners authority immediately if, in discharging their duties, they become aware of

(6) Foreigners who hold a temporary residence permit under Chapter 2 Divisions 3 or 4 and whose vocational training or economic activity for which the residence title was granted ends earlier than planned must inform the competent foreigners authority within two weeks of becoming aware of the termination. The foreigner is to be informed of the obligation under sentence 1 when the residence title is issued.

(4) The supreme Land authority of the Land to which the foreigner has been allocated under subsection (3) or the body designated by it may issue an allocation decision. The Land governments are authorised to regulate allocation within the Länder via statutory instruments, and may assign this authority to other bodies via statutory instruments; section 50 (4) of the Asylum Act applies accordingly. The allocation decision is not contestable. Any legal actions have no suspensive effect. The allocation decision expires when a temporary residence permit is issued in accordance with subsection (1).

(2) Personal data made accessible to a public body by a doctor or by other persons referred to in section 203 (1) nos. 1, 2, 4 to 7 and subsection (4) of the Criminal Code may be transmitted by said public body

7.  if they have work experience of at least two years acquired in the last five years in connection with and following the acquisition of the occupational qualification or higher education qualification as referred to in section 20a (4) sentence 3 no. 1 (b), unless they are awarded points under no. 6,

(6) Measures within the meaning of subsections (3) to (5), with the exception of subsection (5) no. 5, are the taking of photographs and fingerprints, the taking of measurements and similar measures, including bodily intrusions undertaken by a physician in accordance with prevailing medical standards in order to establish the foreigner’s age, provided that no ill effect on the foreigner’s health is to be feared. These measures are permitted for foreigners who are at least six years old. These measures are only permissible for the purpose of establishing the foreigner’s identity if the identity cannot be established by other means, in particular via inquiries to other authorities, or if the identity cannot be established in time by such other means or if such other means would involve substantial difficulties.

7.  has not been convicted of an offence intentionally committed in the federal territory; fines totalling up to 50 daily rates or up to 90 daily rates in the case of offences which, under the Residence Act or the Asylum Act, can only be committed by foreigners are to be ignored as a general principle.

(3) The conditions of subsection (1) sentence 2, nos. 3 and 4 are waived if the foreigner is unable to fulfil them due to a physical or mental illness or disability or old age.

1.  establish violations of geographic restrictions pursuant to section 56 (2) and (3) or of contact bans pursuant to section 56 (4),

(3) The diplomatic mission abroad is to notify the foreigners authority immediately of a declaration of commitment as referred to in subsection (1) sentence 1.

(2) In accordance with Regulation (EC) No 810/2009, Schengen visas may be extended up to a total stay of 90 days within a 180-day period. A Schengen visa may be extended by a further 90 days within the 180-day period concerned as a national visa on the grounds stated in Article 33 of Regulation (EC) No 810/2009/EC, to safeguard the interests of the Federal Republic of Germany or for reasons of international law.

(10) If a foreigner to whom the conditions in subsection (1) apply is to be deported, a deportation warning must be sent and a reasonable period must be allowed for departure. Those states to which the foreigner may not be deported are to be specified in the deportation warning.

2.  Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 187, p. 45),

(6) The Federal Ministry of the Interior, Building and Community or the body appointed by it decides in consultation with the Federal Foreign Office on the recognition of passports and passport substitutes (section 3 (1)); the decisions take the form of general orders and may be announced in the Federal Gazette.

(5) The Federal Office for Migration and Refugees transmits to the competent foreigners authority information about decisions which it receives from a competent authority of another member state of the European Union concerning a foreigner who is the holder of an EU Blue Card pursuant to section 18g and exercises his or her right to short-term or long-term mobility under Directive (EU) 2021/1883 in the other member state. If the competent authority of this other member state of the European Union states that the application for an EU Blue Card was denied because the applicant furnished false or incomplete information to obtain the EU Blue Card or because the applicant poses a threat to public security, public order or public health, the Federal Office for Migration and Refugees transmits to the competent foreigners authority information about these reasons for denial as well.

b)  to provide for the authority which is responsible for granting recognition to publish the addresses of the recognised research organisations, referring in such publications to declarations under section 18d (3),

1.  the security of the Federal Republic of Germany or any other substantial interests of the Federal Republic of Germany so require,

To this end, at the request of the Federal Office for Migration and Refugees, the foreigners authorities and the diplomatic missions abroad transmit to the Federal Office the data required to provide the information.

If the application for an EU Blue Card is denied because the applicant has furnished false or incomplete information to obtain an EU Blue Card or because the applicant poses a threat to public security, public order or public health, the Federal Office for Migration and Refugees transmits to the competent authority of another member state of the European Union information about these reasons for denial as well. The authority which made the decision referred to in sentence 1 transmits the data referred to in sentence 2 to the Federal Office for Migration and Refugees without delay. If an application for an EU Blue Card is denied for the reasons listed in sentence 3, the authority transmits to the Federal Office for Migration and Refugees information about these reasons for denial as well.

(6) A surcharge of no more than 25 euros may be imposed to issue a national visa and a passport substitute at the border. A surcharge of no more than 30 euros may be imposed for an individually attributable public service rendered outside of normal office hours at the request of the applicant. Surcharges may also be imposed for individually attributable public services rendered for a national whose home country imposes fees in excess of those stipulated in subsection (3) on Germans for equivalent services. Sentences 2 and 3 do not apply to issuing or extending a Schengen visa. In setting surcharges, the maximum rates stipulated in subsection (5) may be exceeded.

(3) In the event of a hit, in order to ascertain the grounds for denial pursuant to section 5 (4) or to investigate other security reservations against issuing a visa, the data referred to in subsection (1) sentences 1 and 2 are transmitted to the authorities which stored the data on this person in the Counter-Terrorism Database. These authorities immediately notify the competent German diplomatic mission abroad via the Federal Office of Administration if there are grounds to deny the visa pursuant to section 5 (4) or there are other security reservations against issuing a visa.

7.  contravenes a statutory instrument under section 99 (1) no. 3a (d) nos. 7, 10 or (13a) sentence 1 (j), insofar as such statutory instrument refers to this provision as to fines for a specific offence.

3.  a work contract or, if necessary, an assignment letter as stipulated in section 19 (2) sentence 1 no. 4, which have already been presented to the competent authorities of the other member state, and

(4) If, within 20 days of receiving the notification referred to in subsection (1) sentence 1, the foreigner has not been denied entry and residence in accordance with subsection (3), the Federal Office for Migration and Refugees is to issue the foreigner with a certificate confirming the entitlement to enter and stay in the federal territory for the purpose of an intra-corporate transfer in the context of short-term mobility.

(2) A basic package of measures to promote integration (integration course) supports integration efforts by foreigners. The integration course is intended to successfully teach the German language and knowledge of Germany's legal system, culture and history to foreigners. In this way, foreigners are supposed to become acquainted with the way of life in the federal territory to such an extent as to enable them to act independently in all aspects of daily life, without the assistance or mediation of third parties.

(2) The Commissioner for Migration, Refugees and Integration submits a report to the German Bundestag at least every two years.

(4) The data referred to in subsection (1) sentences 1 and 2, which have been stored with the special organisational unit in the Federal Office of Administration, are deleted immediately after carrying out the check pursuant to subsection (2) sentence 1; if the check produced a hit, only the visa file reference is stored. This is deleted as soon as the special organisational unit in the Federal Office of Administration has established that the German diplomatic mission abroad is not to be notified pursuant to subsection (3) sentence 2, or when the notification has been made.

(4) The authority responsible for the application pursuant to subsection (1) may detain a foreigner without a prior judicial order and place such foreigner in temporary custody if

(9a) The ordinary courts of law are responsible for judicial orders pursuant to subsection (8). The provisions of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction apply to the procedure accordingly. The Länder may, in derogation from sentences 1 and 2, may determine that the administrative courts have jurisdiction.

1b.  has been incontestably sentenced to a prison term or a term of youth custody of at least one year for one or more offences as referred to in section 263 of the Criminal Code to the detriment of a social welfare institution or social insurance institution pursuant to the Social Code or pursuant to the Narcotics Act (Gesetz über den Verkehr mit Betäubungsmitteln),

(5) Following allocation, the competent authorities may permit the foreigner to take up residence in another Land. Following a permitted change of residence, the foreigner is deducted from the quota for the Land from which he is released and added to the quota for the receiving Land.

(2) The other residence authorisations remain valid as temporary residence permits in accordance with the purpose of residence and the circumstances forming the basis for their issuance.

2.  information on the foreigner’s identity and travel documents and on his or her residence title issued in another member state of the European Union, and

(4) However, the opportunity card may only be granted if the foreigner’s subsistence is secured. Foreigners already residing in the federal territory may only be granted an opportunity card if they possess a residence title pursuant to Division 3 or 4. An opportunity card as referred to in subsection (3) no. 2 may only be granted if the foreigner

The foreigner is to be informed of these obligations. They will be regarded as met when the foreigner presents plausible evidence that he or she has undertaken the efforts referred to in sentence 1. If the foreigners authority informs the foreigner that the statements and evidence to substantiate that he or she has undertaken one or more efforts referred to in sentence 1 do not suffice, the foreigners authority may set a deadline for the foreigner to solemnly declare in lieu of an oath that he or she has undertaken the efforts referred to in sentence 1. The foreigners authority is the competent authority as referred to in section 156 of the Criminal Code.

1.  using the procedure, selection, placement and the process to establish the equivalence of the occupational qualification with a German occupational qualification and to grant the authorisation to work in occupations in the health and care sector regulated by federal or Land law, or

4.  if the foreigner is to be refused entry and returned to a safe third country or removed as specified in section 26a (2) of the Asylum Act;

5.  the requirements and procedure for granting a work permit of the Federal Employment Agency to nationals of countries listed in Annex II to Regulation (EU) No 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39),

5.  payments made in accordance with the Act on Advance Maintenance Payments (Unterhaltsvorschussgesetz). A foreigner who is enrolled in a statutory health insurance fund is deemed to have sufficient health insurance coverage.

The temporary residence permit pursuant to subsection (1) is granted for the duration of vocational training as specified in the training contract.

(3) As a rule, foreigners are to be notified of the obligations arising from subsection (1) and of their main rights and duties arising from this Act, in particular the obligations arising from sections 44a, 48, 49 and 81. If a time limit is set, the foreigner is to be informed of the consequences of failure to observe the set deadline.

(5) It is not necessary to set a deadline in cases covered by section 58 (3) no. 1; the foreigner will be deported directly from detention or public custody.

2.  the administrative costs related to preparing and enforcing the measure, including the costs of custody awaiting deportation, translation and interpreting costs and the expenditure on accommodation, food and other provision for the foreigner and

(2) Further, a temporary residence permit, EU Blue Card, ICT Card, permanent settlement permit or an EU long-term residence permit is granted on the condition that the foreigner

(4) Subsection (1) applies accordingly if a foreigner possesses a temporary residence permit as referred to in Chapter 2 Division 5 which was granted pursuant to section 10 (3) sentence 1.

(6) A foreigner who has been employed within the scope of application of this Act without the authorisation for employment required under section 284 (1) of Book Three of the Social Code or the authorisation to pursue an economic activity required pursuant to section 4a (5) may institute legal proceedings for fulfilment of payment obligations under subsections (3) and (4) also before a German court for labour matters.

11.  coordinating the transfer of information and evaluating findings of the federal authorities, in particular of the Federal Criminal Police Office and the Federal Office for the Protection of the Constitution, on foreigners for whom measures under the law on foreigners, asylum or nationality must be considered owing to a risk to public security;

(2d) The foreigner is required to submit the medical certificate referred to in subsection (2c) immediately to the competent authority. If the foreigner fails to submit such a medical certificate immediately, the competent authority need not take into account the foreigner’s submissions regarding his or her illness, unless the foreigner was prevented, through no fault of his or her own, from obtaining such a certificate or there is other factual evidence for the existence of a life-threatening or serious illness which would be significantly worsened by deportation. If the foreigner submits a certificate and the authority then orders a medical examination, the authority is entitled not to take the reported illness into account if the foreigner does not comply with the order without sufficient reason. The foreigner is to be informed of the obligations and the legal consequences of any breach of these obligations pursuant to this subsection.

(2) In justified individual cases, the Federal Ministry of the Interior, Building and Community or the body designated by it may permit exemptions from the passport requirement for the purpose of crossing the border before the foreigner enters the federal territory, and for a subsequent stay of up to six months.

b)  the foreigner entered the federal territory between 1 January 2017 and 31 December 2022 until 31 December 2024, or in the cases in which the application is submitted before the end of 31 December 2024, before applying for temporary suspension of deportation for the purpose of employment;

(3) The temporary residence permit only entitles the holder to pursue employment of up to 20 hours per week independent of the purpose referred to in subsection (1) or (2). As regards quality vocational training, foreigners are required to furnish proof that they have a sufficient command of the German language, if their command of the language required for the vocational training has not been tested by the educational institution and is not to be acquired in a preparatory German language course

and it is not to be expected that the legal prerequisites for the permitted entry or the permitted residence of the child, of the acknowledging party or the mother will be met without the acknowledgement of paternity or the mother’s approval of the acknowledgement. This also applies if the legal prerequisites for the permitted entry or the permitted residence of the child are to be met by the child’s acquisition of German nationality under section 4 (1) or (3) sentence 1 of the Nationality Act.

2.  it is not possible for the foreigner and his or her dependants to live together as a family unit in a state which is not a member state of the European Union and to which the foreigner or his or her dependants have special ties.

(2) The Federal Ministry of Labour and Social Affairs may determine the following on the basis of the Ordinance on the Employment of Foreigners without the approval of the Bundesrat:

(2) The period of validity when the temporary residence permit for study purposes is granted for the first time and for each subsequent extension is, as a rule, two years and is not generally to be less than one year. The period of validity is at least two years if the foreigner takes part in Union or multilateral programmes that comprise mobility measures or if the foreigner is covered by an agreement between two or more higher education institutions. Where the course of study takes less than two years, the temporary residence permit is granted only for the duration of the course of study. The temporary residence permit is extended if the purpose of residence has not yet been achieved and is achievable within a reasonable period of time. The host educational institution may be consulted to find out whether the purpose of residence is still achievable.

1.  the application for a residence title required in connection with the subsequent immigration of dependants is filed within three months of final recognition as a person entitled to asylum or final granting of refugee status or subsidiary protection or after the issuance of a temporary residence permit in accordance with section 23 (4) and

(2) A foreigner is to be granted a temporary residence permit if the Federal Office for Migration and Refugees has granted him or her refugee status within the meaning of section 3 (1) of the Asylum Act or subsidiary protection status within the meaning of section 4 (1) of the Asylum Act. Subsection (1) sentences 2 to 3 applies accordingly.

2.  has been incontestably sentenced to youth custody for at least one year for one or more intentionally committed offences, and enforcement of the penalty has not been suspended on probation,

2.  the foreigner fails to make adequate progress with his or her studies, taking into account the average length of the course of study at the higher education institution concerned and the foreigner’s individual situation, or

1.  in the case of a temporary residence permit in accordance with subsection (1) sentence 1 first alternative, the spouses were not married before fleeing their home country,

3.  the foreigner no longer meets the conditions for being granted a temporary residence permit under section 16b (1), (5) or (7).

2.  initiate with the competent body the procedure for establishing the equivalence of the occupational qualification acquired abroad or for assessing the foreign higher education qualification, where necessary, indicating that this is part of the fast-track procedure for skilled workers; if the aim is to employ the foreigner in a regulated occupation in Germany, the authorisation to work in an occupation must be obtained,

(3a) A residence restriction under section 12a (5) may be removed only with the consent of the foreigners authority responsible for the place where the foreigner plans to reside. Consent is to be given if the conditions of section 12a (5) are met; reasons are to be given for any refusal. Consent is deemed to have been given if the foreigners authority at the place where the foreigner plans to reside does not respond to the contrary within four weeks of receiving the request. Compliance with obligations under law on registration does not establish jurisdiction of a foreigners authority.

(9) The occupant of the premises to be searched may be present during the search. If the occupant is absent, the occupant’s representative or adult family member, another member of the household or a neighbour is to be present, if possible. In the cases of subsection (6) sentence 2, the occupant or representative in the occupant’s absence is to be informed in advance of the purpose of the search. A record of the search is to be made. This record must include the responsible police station, the reason for the search, the time and place of the search and, if no court order was issued, the facts justifying the assumption of danger in delay. The home’s occupant or the occupant’s representative is to be given a copy of the record upon request. If, under the special circumstances of the case, it is impossible to make a record or to provide a copy of the record, or if doing so would jeopardise the purpose of the search, the home’s occupant or the occupant’s representative is to be given written confirmation of the search including the responsible police station and the time and place of the search.

and specify the necessary information in more precise terms. The Federal Office for Migration and Refugees forwards information which it receives to the competent foreigners authorities. The foreigners authorities may process the data transmitted in the information furnished by the competent bodies of other member states of the European Union for this purpose.

c)  the foreigner’s spouse, registered civil partner or a minor unmarried child who is related to the foreigner and previously lived in a family household with him or her resides elsewhere,

(1e) Conditions may be imposed to secure and enforce the enforceable obligation to leave the country if concrete measures to terminate residence are imminent. In particular, foreigners may be required to report to the foreigners authority responsible for their place of residence once a week or less often.

5.  prosecute serious crimes against the life and limb of a third person or crimes as referred to in sections 89a or 129a of the Criminal Code, or

b)  holds a foreign higher education qualification which is officially recognised in the country where it was acquired, and

(2) The visa and the temporary residence permit may be issued and extended subject to conditions. Conditions, in particular geographic restrictions, may also be imposed subsequently on visas and temporary residence permits. In particular, geographic restrictions may be imposed on temporary residence permits in cases where there is public interest in expelling the foreigner pursuant to section 54 (1) nos. 1 or 1a and where restrictions are necessary to remove the foreigner from an environment in which he or she is more likely to commit serious crimes.

(5) On request, the foreigner for whom a document is to be issued in accordance with this Act, the Asylum Act or the provisions enacted to implement this Act must

2.  who are not subject to German jurisdiction according to the provisions of sections 18 to 20 of the Courts Constitution Act (Gerichtsverfassungsgesetz),

Information concerning the specific planning of a deportation measure, in particular information under section 59 (1) sentence 8, constitutes a secret or item of information as referred to in section 353b (1) or (2) of the Criminal Code. The same applies to information on the specific planning, and in particular the date, of orders as referred to in section 82 (4) sentence 1.

(1) The following is punishable with a prison sentence of six months to ten years, in less serious cases with a prison sentence of up to five years or a fine: anyone who incites another person to commit or assists that person in committing

(2) The permanent settlement permit of a foreigner who has lawfully resided in the federal territory for at least 15 years, and the permanent settlement permit of his or her cohabiting spouse do not expire pursuant to subsection (1) nos. 6 and 7 if their subsistence is secure and there is no public interest in expelling the foreigner pursuant to section 54 (1) nos. 2 to 5 or (2) nos. 5 to 7. The permanent settlement permit of a foreigner cohabiting with a German spouse does not expire pursuant to subsection (1) nos. 6 and 7 if there is no public interest in expelling the foreigner pursuant to section 54 (1) nos. 2 to 5 or (2) nos. 5 to 7. On request, the foreigners authority at the place of the foreigner’s last habitual residence issues a certificate confirming the continued validity of the permanent settlement permit.

3.  the foreigner’s subsistence is ensured or he or she is in education or training which leads to a recognised school, vocational or higher education qualification.

The card may not be extended as an opportunity card beyond the period stipulated in sentence 2. An opportunity card for job searches may only be issued anew if the foreigner, after the expiry of the last opportunity card for job searches, stayed abroad for at least as long as he or she stayed in the federal territory on the basis of an opportunity card for job searches.

(5) Where an ICT Card under section 19 is revoked or withdrawn or not extended or if it expires after the period is reduced in accordance with section 7 (2) sentence 2 is reduced, the Federal Office for Migration and Refugees immediately informs the competent authority of the other member state where the foreigner has made use of the possibility envisaged in Directive 2014/66/EU to carry out part of the intra-corporate transfer in another member state of the European Union, provided the foreigners authority is aware of this. The authority which has reached the decision transmits the necessary data to the Federal Office for Migration and Refugees without delay. The foreigners authorities may transfer the data from the Central Register of Foreigners required for notifications under sentence 1 to the National Contact Point by means of an automated process, using the Central Foreigners Register number. The Federal Office for Migration and Refugees notifies the competent foreigners authority without delay of any case where it has been informed by the competent authority of another member state that a residence title held by a foreigner who is residing in the federal territory under sections 19a or 19b and which comes under the scope of Directive 2014/66 (EU) has expired or been revoked, withdrawn, or not extended.

1.  Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19),

The host educational institution must notify the Federal Office for Migration and Refugees when the foreigner applies for a residence title in the scope of Directive 2016/801/EU in another member state of the European Union. If, at the time of application, the host educational institution is not yet aware of the foreigner’s intention to carry out part of the studies in the federal territory, it is to notify the Federal Office for Migration and Refugees as soon as it becomes aware of this intention. If the residence title pursuant to sentence 1 no. 1 has been issued by a non-Schengen state, and if the foreigner enters the federal territory via a non-Schengen state, the foreigner must carry a copy of the notification and present it to the responsible authorities at their request.

(2) In derogation from section 18 (2) no. 4, a foreigner who does not meet the requirements of subsection (1) is granted an EU Blue Card with the approval of the Federal Employment Office for the purpose of employment in Germany in an occupation commensurate to his or her qualifications which belongs to Group 133 or 25 according to the Commission Recommendation of 29 October 2009 on the use of the International Standard Classification of Occupations (ISCO-08) (OJ L 292, 10.11.2009, p. 31) if

(1) In derogation from the prerequisites for granting and extending residence titles as stipulated in this Act as well as in sections 10 and 11, the supreme Land authority may, on petition from a hardship commission established by the Land government by virtue of a statutory instrument, order a temporary residence permit to be issued to a foreigner who is enforceably required to leave the federal territory (hardship petition). According to the individual case concerned, the said order may be issued with due consideration as to whether the foreigner’s subsistence is ensured or a declaration of commitment is submitted in accordance with section 68. A case of hardship will not generally be considered if the foreigner has committed a serious offence or if a concrete date has already been set for the foreigner’s removal. The authority to grant residence represents the public interest only and does not constitute any rights on the part of the foreigner.

a)  before applying for a temporary suspension of deportation for the purpose of training, if the foreigner entered the federal territory by 31 December 2016; or,

6.  find out the cause of an alert; to this end, the competent body may contact and question the person concerned, make him or her aware of the violation and inform him or her how to stop it,

(8) Requests from the foreigners authorities for information as to whether a foreigner continues to have international protection status within the meaning of section 2 (13) in another member state of the European Union is forwarded by the Federal Office for Migration and Refugees to the competent bodies of the member state concerned in order to enable the competent foreigners authority to check whether the requirements of Article 9 (5) or Article 23 (5) of Directive (EU) 2021/1883 are met. To do so, the competent foreigners authority transmits the necessary information to the Federal Office for Migration and Refugees. The Federal Office for Migration and Refugees forwards the replies to the competent foreigners authority.

7.  the business or the host entity were established for the main purpose of facilitating the entry and residence of foreigners for the purpose of employment; the same applies if the employment relationship was established mainly for this purpose.

1.  the foreigner lawfully resided in the federal territory for eight years prior to his or her departure and attended school in the federal territory for six years,

2.  collected pursuant to section 49 (5) no. 6 on persons proposed for admission procedures under section 23 or for temporary protection under section 24 and have been included in the examination of cases for granting approval for admission by the Federal Office for Migration and Refugees, or

(4) If the foreigner has not undertaken the reasonable efforts referred to in subsection (2) sentence 1 and subsection (3) sentence 1, he or she may undertake them at any later time. In this case, the obligation to cooperate will be regarded as met and the foreigner will be issued with a certificate confirming the suspension of deportation under section 60a (4) without the additional wording “for persons whose identity is not verified”. Subsection (5) sentence 1 remains unaffected.

6.  the Federal Employment Agency has granted approval in accordance with section 39 or it has been determined pursuant to the Ordinance on the Employment of Foreigners or by intergovernmental agreement that such employment is permissible without the approval of the Federal Employment Agency.

3.  cases covered by section 39 (2) and (3) where approval requires a labour-market test, for instance for the employment of skilled workers in geographic areas of the Federal Employment Agency to be determined and in certain occupations,

(2) The parents or parent having the right of care and custody of a foreign minor who holds a temporary residence permit in accordance with subsection (1) may be granted a temporary residence permit if

(2) The declaration of commitment referred to in subsection (1) sentence 1 is to be furnished in writing. It is enforceable in accordance with the Administrative Enforcement Act (Verwaltungsvollstreckungsgesetz). The public body which has expended the public funds is entitled to the reimbursement.

10.  Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ L 375, p. 12),

(2) The requirement in subsection (1) sentence 1 no. 1 for marital cohabitation to have existed lawfully for three years in the federal territory or lawfully for two years in the federal territory in accordance with subsection (1a) is to be waived if necessary to enable the spouse to continue his or her residence in order to avoid particular hardship, unless an extension of the foreigner’s temporary residence permit is not permitted. Particular hardship is deemed to apply especially if the marriage is not valid or has been suspended under German law because the spouse was a minor when he or she married, if the obligation to return to the country of origin resulting from the termination of marital cohabitation threatens to substantially harm the foreigner’s legitimate interests, or if continuing marital cohabitation is unreasonable due to the harm to the foreigner’s legitimate interests; in particular this is to be assumed if the spouse is the victim of domestic violence. Such legitimate interests also include the well-being of a child living with the spouse as part of a family unit. In order to avoid abuse, extension of the temporary residence permit may be denied if the spouse relies on benefits under Book Two or Book Twelve of the Social Code for reasons for which he or she is responsible.

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(16) Section 60a (6) in the version valid until 31 December 2019 continues to apply to the jobs which foreigners possessing a temporary suspension of deportation were allowed to perform until that date.

(2) As a general rule, the fee is to cover the costs related to the individually attributable public service of all those involved in the service. The fee is to include the expenses regularly related to the service. The fees are to be calculated based on the costs which are eligible, according to business principles, for inclusion in the accounts as indirect and overhead costs, especially personnel and material costs and imputed costs. Overhead costs also include the costs of legal and technical supervision. The fees referred to in sentences 1 to 4 are calculated based on the costs arising for the Länder and the Federation in the context of the service in question.

(9) With regard to foreigners who are subject to the obligation pursuant to subsection (1), the Länder may, by way of statutory instruments of the Land government or other Land regulations, issue regulations specifying the organisation, procedure and suitable accommodation relating to

(1) Foreigners who are residing in the federal territory in violation of an existing entry and residence ban under section 11 (1) sentence 3 and have no permission to enter the federal territory under section 11 (8) are to be taken into custody by judicial order for the purpose of preparing a deportation warning pursuant to section 34 of the Asylum Act if they constitute a significant threat to the life and limb of others or to significant legally protected interests of internal security or they are subject to expulsion on the ground of a particularly serious public interest in expulsion as referred to in section 54 (1). No custody may be ordered if custody is not necessary to prepare a deportation warning pursuant to section 34 of the Asylum Act.

(4) The Federal Office for Migration and Refugees may transmit to state or state-recognised higher education institutions or to other research organisations financed primarily from public funds data relating to course participants concerning registration, length of attendance and the manner in which the measure referred to in subsection (3) sentence 1 was concluded, the type of course as referred to in section 12 (1) or section 13 (1) as well as the data transmitted in accordance with section 26 (1) nos. 1 to 5, 7, 9 and 10 of the Ordinance on German Language Training (Deutschsprachförderverordnung) as far as

5.  where a foreigner who is 45 years of age or older and has been granted a residence title for the first time under sections 18a or 18b, has a salary corresponding to at least 55 per cent of the annual earnings ceiling of the general pension scheme, unless the foreigner can prove that he or she possesses adequate provision for old age. The conditions of sentence 1 may be waived if there is a public interest, and in particular a regional, economic or labour market interest in the foreigner’s employment, in particular if the salary is only slightly below the minimum level or the foreigner’s age is only slightly above the age limit. The Federal Ministry of the Interior, Building and Community announces the minimum salaries in the Federal Gazette annually by 31 December for the following calendar year.

(2) As a general rule, foreigners are to be granted a temporary residence permit for the purpose of school-based vocational training, if such training leads to a state-recognised vocational qualification as determined by federal or state provisions, unless the qualification pathway is primarily tailored to nationals of one specific country. Bi- or multilateral agreements of the Länder with public bodies in another country governing attendance of domestic schools by foreign school pupils remain unaffected. A temporary residence permit for the purpose of school attendance may only be issued on the basis of such agreements if the supreme Land authority responsible for residence law has endorsed the agreement. Subsection (1) sentences 2 and 3 applies accordingly.

(5) Detainees awaiting deportation are to be informed of their rights and obligations and the rules applied in the facility.

(4) If the training ends earlier than planned or is discontinued, the educational institution is required to notify the competent foreigners authority immediately, generally within two weeks, in written or electronic form. The notification is to include the facts to be notified and when they arose, as well as the surnames, given names and the nationality of the foreigner.

(4) The temporary residence permit for the subsequent immigration of dependants may not have a longer period of validity than the temporary residence permit held by the foreigner whom the dependants concerned are joining in the federal territory. It is to be issued for this period if the foreigner to be joined in the federal territory by the dependants immigrating subsequently has a temporary residence permit pursuant to sections 18d, 18f or 38a, an EU Blue Card, an ICT Card or a Mobile ICT Card, or is entitled to stay in the federal territory in accordance with section 18e. In all other cases, the temporary residence permit is to be issued for an initial period of at least one year.

(2) In the cases covered by subsection (1), the following is punishable with a prison sentence of no less than one year: anyone who

(1) Foreigners are granted a temporary residence permit if they are recognised as being entitled to asylum. This does not apply to foreigners who are subject to expulsion under the conditions of section 53 (3a). Residence is deemed to be permitted up to the time the temporary residence permit is issued.

(3) In the case of foreigners lawfully resident in Germany before 1 January 2005, section 20 of the Foreigners Act applies in its most recently amended version with regard to the subsequent immigration of children born before this date, unless this Residence Act grants a more favourable legal status.

b)  has concluded an effective hosting agreement or an equivalent contract with a research organisation which conducts research, and

(19) Section 10 (3) sentence 2 in the version applicable until 27 February 2024 does not apply to persons whose asylum application was denied by 27 February 2024 as manifestly unfounded.

(2a) Foreigners having a temporary residence permit pursuant to section 38a are exempt from the obligation to take an orientation course if they prove that they have already participated in integration measures in another member state of the European Union in order to attain their legal status as a long-term resident.

(1) As a general rule, a foreigner is to be granted a temporary residence permit for the purpose of basic and advanced in-company vocational training if the Federal Employment Agency has granted approval in accordance with section 39 or it has been determined pursuant to the Ordinance on the Employment of Foreigners or by intergovernmental agreement that such basic and advanced vocational training is permissible without the approval of the Federal Employment Agency. During residence as referred to in sentence 1, no temporary residence permit may be granted for employment under section 19c (1) in conjunction with a provision of the Ordinance on the Employment of Foreigners for temporary employment. Section 9 does not apply unless the foreigner possessed a temporary residence permit pursuant to section 18a or 18b before the temporary residence permit pursuant to sentence 1 was granted. The residence purpose of quality in-company vocational training as referred to in sentence 1 also comprises German language courses preparing participants for vocational training, in particular job-related German language training in line with the Ordinance on German Language Training (Deutschsprachförderverordnung).

(2) In derogation from subsection (1) sentence 1 no. 1, the temporary residence permit may be issued to avoid particular hardship. If the foreigner holds a temporary residence permit, the other conditions stipulated in subsection (1) sentence 1 no. 3 (e) may be waived; the same applies if the foreigner holds a national visa.

(7) If a person entitled to asylum or a foreigner whom the Federal Office for Migration and Refugees has incontestably granted refugee status leaves the federal territory, the residence title does not expire as long as the person concerned possesses a valid travel document for refugees issued by a German authority. The foreigner is not entitled to the renewed issuance of a residence title on the basis of recognition as a person entitled to asylum or by virtue of having been incontestably granted refugee status by the Federal Office for Migration and Refugees if he or she has left the federal territory and the authority to issue a travel document for refugees has passed to another state.

(1) Foreigners may be granted a temporary residence permit for employment irrespective of their qualification as a skilled worker if it is determined on the basis of the Ordinance on the Employment of Foreigners or by intergovernmental agreement that the foreigner may be admitted to pursue this employment.

(3) Foreigners who possess a right of residence under the EEC/Turkey Association Agreement or an EU long-term residence permit may be expelled only if the personal conduct of the person concerned currently represents a serious threat to public safety and order which affects a fundamental interest of society, and expulsion is essential to protect that interest.

(4) The bodies responsible for initiating and implementing criminal or administrative fine proceedings are to notify the competent foreigners authority immediately that such criminal proceedings have been initiated and that the criminal or fine proceedings have been settled at the public prosecutor’s office, in court or at the administrative authority competent for prosecuting the administrative offence and imposing due punishment, stating the relevant statutory provisions. Sentence 1 applies accordingly to criminal proceedings to bring public charges as well as to issue and cancel an arrest warrant and to enforce the arrest warrant or suspend its enforcement, as long as this does not jeopardise the purpose of the investigation. Sentence 1 applies accordingly to initiating extradition proceedings against a foreigner. Sentence 1 does not apply to proceedings for an administrative offence which is punishable by a fine of up to 1,000 euros, nor to proceedings for an offence within the meaning of section 24 of the Road Traffic Act or for an offence committed negligently within the meaning of section 24a of the Road Traffic Act. The Office for the Protection of Witnesses notifies the competent foreigners authority immediately of the beginning and end of witness protection for a foreigner.

(3a) A foreigner who has been recognised as being entitled to asylum and who in the federal territory has the legal status of a foreign refugee within the meaning of section 3 (1) of the Asylum Act or who is entitled to subsidiary protection within the meaning of section 4 (1) of the Asylum Act or who has a travel document issued by an authority of the Federal Republic of Germany in accordance with the United Nations Convention Relating to the Status of Refugees of 28 July 1951 (Federal Law Gazette 1953 II, p. 559) may only be expelled for urgent reasons of national security or public order.

3.  if they demonstrate a sufficient command of the German language, unless they are awarded points for demonstrating language skills as referred to in no. 2,

6.  has not been convicted of an offence intentionally committed in the federal territory; fines totalling up to 50 daily rates or up to 90 daily rates in the case of offences which, in accordance with the Residence Act or the Asylum Act, can only be committed by foreigners are to be ignored as a general principle.

(2) As a general rule, the requirement stipulated in subsection (1) sentence 1 no. 2 is to be waived if the activities of the research organisation are financed primarily from public funds. The requirement may be waived where there is a special public interest in the research project. Section 66 (5), section 67 (3) and section 68 (2) sentences 2 and 3 and subsection (4) apply accordingly to the declarations furnished pursuant to subsection (1) sentence 1 no. 2.

4.  the foreigner, the spouse or the minor unmarried child or a parent of a foreign minor is seriously ill, in need of care because his or her autonomy or capabilities are impaired or because he or she has a severe disability. A qualified medical certificate must be submitted to substantiate the illness, need for care or the disability, unless there are other indications that the family member abroad is ill, in need of care or disabled.

1.  the foreigner has possessed the temporary residence permit for three years; in derogation from section 55 (3) of the Asylum Act, the period of residence during the asylum procedure which preceded the issuance of the temporary residence permit is counted towards the period in which the foreigner is required to possess a temporary residence permit in order to be issued with a permanent settlement permit,

The requirement of skilled employment as referred to in sentence 1 is to be waived if an authorisation is needed for this employment and

c)  possesses a temporary residence permit in accordance with sections 18d, 18f or sections 25 (1) or (2) sentence 1 first alternative.

(9) Foreigners who possess a temporary residence permit pursuant to section 25 (3), because the Federal Office or the foreigners authority has established that deportation bans exist in line with section 60 (2), (3) or (7) sentence 2, in the version valid before 1 December 2013, are deemed to be entitled to subsidiary protection as referred to in section 4 (1) of the Asylum Act, and are ex officio issued with a temporary residence permit pursuant to section 25 (2) sentence 1 second alternative, unless the Federal Office has informed the foreigners authority that grounds exist for refusing the person concerned such status in line with section 25 (3) sentence 2 (a) to (d) in the version valid before 1 December 2013. The periods of possession of a temporary residence permit pursuant to section 25 (3) sentence 1 in the version valid before 1 December 2013 are equal to the periods of possession of a temporary residence permit pursuant to section 25 (2) sentence 1 second alternative. Section 73b of the Asylum Act applies accordingly.

(10) In specially justified cases, section (12) (2) sentence 2 remains unaffected as regards conditions restricting the permissible geographic area of residence.

(1) An ICT Card is a residence title for the purpose of an intra-corporate transfer of a foreigner. An intra-corporate transfer is the temporary secondment of a foreigner

a)  the competent youth welfare office estimates that the local child and youth welfare benefits and measures pursuant to Book Eight of the Social Code would be negatively affected,

(3) The temporary residence permit for the subsequent immigration of dependants may be denied if the person to be joined by the dependants relies on benefits under Book Two or Book Twelve of the Social Code to support other dependants or other members of the household. Section 5 (1) no. 2 may be waived.

(3) The authorities charged with implementing this Act notify the competent authorities specified in section 10 of the Asylum Seekers Benefits Act of circumstances and measures under this Act, a knowledge of which is necessary for the purposes of benefits under the Asylum Seekers Benefits Act, the information they receive when approval for employment is issued to persons eligible for benefits under the Asylum Seekers Benefits Act and information relating to the expiry, revocation or withdrawal of issued approvals.

(3) Section 60b does not apply to foreigners who hold a temporary suspension of deportation for the purpose of training or employment or who have applied for it and meet the necessary requirements.

4.  if the training is equivalent to the higher education degree or studies referred to in no. 3, in terms of both content and level, and

(5) The Federal Office for Migration and Refugees forwards inquiries from bodies of other member states of the European Union in connection with the consultation envisaged in Article 22 (3) (2) of Directive 2003/109/EC to the competent foreigners authorities. The competent foreigners authority furnishes the Federal Office for Migration and Refugees with the following information of which it is aware:

1a.  contravenes an enforceable court order pursuant to section 56a (1), thereby preventing the competent authority referred to in section 56a (3) from continuously locating him or her, or

3.  has been expelled on the ground of a particularly serious public interest in expulsion as referred to in section 54 in conjunction with section 53,

In derogation from section 5 (1) no. 1, subsection (2) and section 10 (3) sentence 1, a minor, unmarried child may be granted a temporary residence permit in his or her own right pursuant to section 23 (1) sentence 1 if the child’s parents or the parent possessing the sole right of care and custody are not granted a temporary residence permit or an extension of the same pursuant to section 104a and are leaving the federal territory, provided

1.  to a national entity belonging to the undertaking by which the foreigner is employed, if the undertaking is located outside the European Union, or

4.  a departure of the foreigner which is not of a temporary nature, unless this information has already been entered in the Central Register of Foreigners;

(5a) As a general rule, the time limit of the entry and residence ban is to be 20 years if the foreigner was expelled on the ground of a crime against peace, of a war crime or a crime against humanity or to avert a terrorist threat or a threat to the security of the Federal Republic of Germany or a terrorist threat. In these cases, subsection (4) sentences 4 and 5 applies accordingly. As a general rule, reducing the length of the entry and residence ban or revoking it altogether is prohibited. The supreme Land authority may permit exceptions to this rule in individual cases.

(1) A decision on the residence of foreigners is reached on the basis of the circumstances which are known in the federal territory and accessible information. The foreigners authority decides whether the conditions specified in section 60 (5) and (7) apply on the basis of the knowledge in its possession and the knowledge accessible in the federal territory and, where necessary in individual cases, the knowledge accessible to the authorities of the Federation outside of the federal territory.

2.  insolvency proceedings have been instituted against the employer’s or host entity’s assets aiming to wind up the employer or the entity and its business,

1.  personal details: personal details are defined as names, in particular surname, name at birth, given names and former names, date of birth, place of birth, sex, nationalities and home address in Germany;

(2) The competent authority for implementing the advisory service referred to in subsection (1) sentences 1 and 2 is the Federal Ministry of Labour and Social Affairs. It may delegate the implementation of the advisory service to third parties. The competent authority for planning the pre-departure integration measures referred to in subsection (1) sentences 3 and 4 is the Office of the Federal Government Commissioner for Migration, Refugees and Integration. The task of implementing pre-departure integration measures pursuant to subsection (1) sentences 3 and 4 may be delegated to third parties. The competent authority for implementing the tasks referred to in subsection (1) sentences 5 and 5 is the Federal Ministry for Economic Affairs and Climate Action in coordination with the participating ministries. It may delegate implementation of these tasks to third parties.

Section 9 (3) sentence 1 and section 9 (4) apply accordingly in the cases referred to in sentence 3. Section 35 may be applied accordingly to children who entered Germany before reaching the age of 18. Sentences 1 to 5 also apply to foreigners who possess a temporary residence permit issued pursuant to section 23 (4), unless the conditions for its withdrawal are met.

(1) On request, public bodies with the exception of schools and other educational and care establishments for young people inform the bodies specified in section 86 sentence 1 of circumstances of which they become aware, as far as necessary for the purposes referred to in that section. Such requests are only permissible if retrieving data from the Central Register of Foreigners is not sufficient to accomplish the task concerned.

(2) Outside of Germany, the diplomatic missions authorised by the Federal Foreign Office are responsible for matters relating to passports and visas. The Federal Foreign Office is authorised to issue a statutory instrument in agreement with the Federal Ministry of the Interior, Building and Community delegating decisions on visa applications to the Federal Agency for Foreign Affairs. As far as the Federal Foreign Office makes use of this authority, the Federal Agency for Foreign Affairs has the authority to process data and carry out all other tasks and the powers of a German diplomatic mission abroad in granting visas in accordance with subsection (3) (b) and in accordance with sections 54, 66, 68, 69, 72, 72a, 73, 73a, 75, 87, 90c, 91d and 91g.

(2) The minor, unmarried children living with the foreigner as a family unit are to be granted a temporary suspension of deportation for the same length of time.

(5) The suspension of deportation lapses when the foreigner leaves the federal territory. The suspension is revoked when the circumstances preventing deportation cease to apply. The foreigner is deported without delay when the suspension lapses, without any renewed deportation warning specifying a deadline, unless the suspension is renewed.

(7) In order to manage labour migration, the Federal Government is authorised to issue statutory instruments not requiring the approval of the Bundesrat to restrict, annually or for shorter periods, the number of opportunity cards granted to foreigners not yet staying in the federal territory. As a rule, such restrictions are to take into account labour market and integration policy considerations and the capacities of the authorities involved.

2.  the foreigner, in the context of the possible entry and stay in several member states of the European Union will spend more time in another member state than in the federal territory during the transfer, or

(2) On request, every foreigner is required to furnish the authorities entrusted with enforcing the law on foreigners with information as to his or her age, identity and nationality and to submit such declarations in connection with procuring return travel documents as required by the diplomatic mission of the state whose nationality he or she possesses or putatively possesses and are in line with German law.

2.  the holder of an EU Blue Card does not provide the competent foreigners authority with the information required under section 82 (1) sentence 6 and (6) sentence 1 on time or at all,

(1) For reasons of international law or on humanitarian grounds or to safeguard the political interests of the Federal Republic of Germany, the supreme Land authority may order the deportation of foreigners from specific states or of categories of foreigners defined by any other means to be suspended in general or with regard to deportation to specific states for a maximum of three months. Section 23 (1) applies to a period in excess of six months.

3.  providing expert support for the Federal Government in the field of promoting integration and producing informational materials on integration measures offered by the Federal Government, Land governments and local government authorities for foreigners and ethnic German resettlers;

In order to furnish prima facie evidence of qualification as referred to in sentence 1 no. 1, the applicant must declare in lieu of an oath that he or she has completed training as a doctor and provide evidence of his or her training and competence as a doctor in an interview conducted by a doctor appointed by the responsible authority.

(2) Anyone acting for gain as a member of a gang which has come together for the purpose of committing such offences on a continuing basis in the cases covered by section 96 (1), also in conjunction with section 96 (4), is punishable with a prison sentence of no less than three years.

4.  conducting scientific research on migration issues (accompanying research) with the aim of obtaining analytical conclusions for use in controlling immigration;

(2) The agreed remuneration is considered to be the usual remuneration unless the employer agreed a lower or higher remuneration with the foreigner on a permissible basis.

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8.  to stipulate, in the interests of enabling or facilitating travel, that foreigners’ existing entitlement to re-enter the federal territory can be confirmed in a passport substitute,

(1) Other measures taken before 1 January 2005 in accordance with the law on foreigners, in particular time limits and geographic restrictions, conditions and requirements, prohibitions and restrictions of political activities, expulsions, deportation warnings and deportations, including their legal consequences, periods limiting their effects and beneficial measures, the recognition of passports and passport substitutes, exemptions from the passport requirement, rulings on costs and fees, remain valid. Measures and agreements in connection with furnishing security also remain valid, even if they relate in part or in full to periods after this Act enters into force. The same applies to the effects by force of law resulting from the filing of applications pursuant to section 69 of the Foreigners Act (Ausländergesetz).

1.  deportation has not been prevented or delayed on the grounds of false information or deceit with regard to identity or nationality or due to a failure to meet reasonable demands to eliminate obstacles to departure and

(8) The EU long-term residence permit issued by another member state of the European Union pursuant to Article 8 of Directive 2003/109/EC constitutes long-term residence status (EU).

3.  in the case of primarily in-company training, the Federal Employment Agency has granted approval in accordance with section 39 or it has been determined pursuant to the Ordinance on the Employment of Foreigners or by intergovernmental agreement that participating in the qualification measure is permissible without the approval of the Federal Employment Agency.

(4) A residence title is to be denied if there is a public interest in expelling the foreigner under section 54 (1) nos. 2 or 4 or a corresponding deportation order has been issued under section 58a.

2.  are to be granted a temporary residence permit if they had been ordinarily resident in the federal territory for at least one year when losing their German nationality.

(4) As a general rule, a spouse, civil partner and minor unmarried children living with the beneficiary referred to in subsection (1) as a family unit are to be granted a temporary residence permit under the conditions set out in subsection (1) sentence 2 nos. 2 to 5. Subsections (2), (3) and 5 apply. Section 31 applies accordingly.

(14) The Federal Office for Migration and Refugees transmits the following to the competent bodies of the European Union at least once annually and every time a change is made:

(3) If a foreigner may not be deported to a state in which he or she is wanted for a criminal offence and there is a danger that the death penalty will be imposed or enforced, the provisions on extradition apply accordingly.

The serial number and the check digits may not include any information about the holder or indications of such information. Each document is assigned a new serial number.

(4) The Federal Government is authorised to regulate further details of the integration course, in particular the basic structure, the duration, the content and implementation of the courses, the criteria for selecting and approving course providers, the requirements and general conditions for proper and successful participation in the courses and for certifying such participation, including arrangements for the payment of costs and data processing in accordance with section 88a (1) and (1a), via a statutory instrument not requiring the approval of the Bundesrat. This excludes the examination and certification requirements of the final examinations, which are defined by the Federal Ministry of the Interior, Building and Community via statutory instruments not requiring Bundesrat approval.

(1) The foreigner is required to put forward his or her interests and any circumstances in his or her favour which are not evident or known, specifying verifiable circumstances, and to produce forthwith the necessary evidence relating to his or her personal situation, other required certificates and permits and other required documents which the foreigner is able to furnish. The foreigners authority may set the foreigner a reasonable deadline for this purpose. It sets him or her such a deadline when postponing the processing of an application for a residence title on account of lacking or incomplete information and specifies the information to be furnished subsequently. Circumstances put forward and documents furnished after said deadline has expired may be ignored. Foreigners who have applied for an ICT Card under section 19 are required to inform the competent foreigners authority of any changes that occur during the application procedure and affect the conditions for granting an ICT Card. During the first 12 months since starting employment with the EU Blue Card, holders of an EU Blue Card are required to inform the competent foreigners authority of any change in employers and any changes that affect the conditions for granting an EU Blue Card.

(1) The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law) and freedom of the person (Article 2 (2) sentence 2 of the Basic Law) are curtailed under the terms of this Act.

(1) In derogation from section 5 (1) no. 1 and subsection (2), a foreigner whose deportation has been suspended is to be granted a temporary residence permit as a general rule where the foreigner has continuously resided in the federal territory for at least eight years on 1 July 2007, or, if the foreigner lives together with one or more minor, unmarried children as a family unit, where he or she has continuously resided in the federal territory for at least six years on the said date, by virtue of his or her deportation having been suspended, being permitted to remain pending the asylum decision or on account of a temporary residence or permanent settlement permit having been issued on humanitarian grounds and he or she

(4) Where the passport requirement (section 3 (1)) is waived pursuant to section 5 (3) or section 33, a substitute identity document is issued. Subsection (3) remains unaffected.

a)  the foreigner or the foreigner’s spouse, registered civil partner or minor unmarried child who is related to the foreigner and lives in a family household with him or her is in employment with full social security coverage within the meaning of subsection (1) sentence 2 has an income which secures most of the foreigner’s subsistence or a vocational training place or a place in higher education; or

(1) If an administrative authority recording the acknowledgement or a registry clerk informs the foreigners authority that there are specific indications that paternity has been wrongfully acknowledged within the meaning of section 1597a (1) of the Civil Code, the foreigners authority examines whether such wrongful acknowledgement exists. If it is established that paternity was wrongfully acknowledged, the foreigners authority determines this through a written or electronic administrative act. If it is established that paternity was not wrongfully acknowledged, the foreigners authority discontinues the proceedings.

1.  occupations in which foreigners may be employed with or without approval by the Federal Employment Agency under section 4a (2) sentence 1, section 16a (1) sentence 1, sections 16d, 16e (1) sentence 1, sections 19, 19b, 19c (1) and section 19e, and the requirements which need to be met,

(3) The temporary residence permit may only be granted to the spouse and the minor child of a foreigner who possesses a temporary residence permit in accordance with sections 22, 23 (1) or (2) or section 25 (3) or (4a) sentence 1, section 25a (1) or section 25b (1) for reasons of international law, on humanitarian grounds or in order to safeguard political interests of the Federal Republic of Germany. Section 26 (4) applies accordingly. The subsequent immigration of dependants is not permitted in the cases covered by section 25 (4), (4b) and (5), section 25a (2), section 25b (4), section 104a (1) sentence 1, section 104b and section 104c.

(1) An opportunity card (Chancenkarte) is a temporary residence permit granted for the purpose of seeking employment or following measures regarding the recognition of foreign occupational qualifications.

(2) If a foreigner who is under investigation on suspicion of having committed a criminal or administrative offence applies for issuance or extension of a residence title, the decision on the residence title is suspended until the attendant proceedings are completed and, in the case of a court ruling, until it is no longer subject to appeal, unless it is possible to reach a decision on the residence title without considering the outcome of the proceedings.

(5) As a general rule, the length of the entry and residence ban is not to exceed 10 years if the foreigner was expelled on the ground of a criminal conviction or if the foreigner poses a serious threat to public safety and order. In these cases, subsection (4) applies accordingly.

(5b) As a general rule, foreigners whose deportation has been suspended are to be permitted to engage in economic activity if the Federal Employment Agency has granted its approval or a statutory instrument stipulates that the employment concerned is permitted without the approval of the Federal Employment Agency. Sentence 1 does not apply if at the time of application for permission to pursue an economic activity concrete measures to terminate residence are imminent which are close enough to the termination of residence in terms of content and timing; such concrete measures to terminate residence are imminent if

(3) Custody is enforced in specialised detention facilities. If no specialised detention facilities are available in the federal territory, or if the foreigner constitutes a significant threat to the life and limb of others or to significant legally protected internal security interests, custody awaiting deportation may be enforced in other penal institutions; in this case, the foreigner is to be accommodated separately from prisoners serving criminal sentences. Section 62 (1) and section 62a (2) to (5) apply accordingly.

1.  transport costs and other travel costs for the foreigner within the federal territory and up to the destination outside of the federal territory,

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4.  incites others to hatred against segments of the population; this will be assumed to be the case where the foreigner exerts a targeted and permanent influence on other persons in order to incite or increase hatred against members of certain ethnic groups or religions, or he or she publicly, in a meeting or by disseminating writings in a manner which is suited to disturbing public safety and law and order,

1.  cooperate in the issuing or extension of the passport or passport substitute in compliance with the provisions of German passport law, in particular sections 6 and 15 of the Passport Act (Passgesetz) in the applicable version, and accept the processing of an application by the authorities of the foreigner's country of origin according to the law of the country of origin, as long as this does not result in unreasonable hardship;

1.  they were denied a German passport under section 7 (1) of the Passport Act, the German passport was withdrawn under section 8 of the Passport Act or if they are subject to an order under section 6 (7) of the Act on Identity Cards (Personalausweisgesetz), if there are indications that they intend to leave the federal territory, or

5.  in the case of subsection (1) sentence 1 no. 2, at the time of application concrete measures to terminate residence are imminent which are close enough to the termination of residence in terms of content and timing; such concrete measures to terminate residence are imminent if

(3) The security authorities and intelligence services referred to in subsection (2) may process the transmitted data for other purposes in accordance with legislation applicable to them as far as necessary to discharge their statutory duties. Provisions regulating the transmission of data under other acts remain unaffected.

5.  in the case of beneficiaries of international protection the period between the date on which the application for international protection was filed and the date on which a residence title was granted on account of the fact that the foreigner was granted international protection.

1.  the foreigner possesses a temporary residence permit in accordance with section 23 (4), section 25 (1) or (2), a permanent settlement permit in accordance with section 26 (3) or possesses a permanent settlement permit in accordance with section 26 (4) after being granted a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative,

1.  the data stipulated in subsection (1) sentence 3 nos. 1 to 5 and the unique municipality code used in the official list of municipalities,

(3) In special cases, the residence title pursuant to subsection (1) or (2) may be granted in derogation from section 5.

(6) A foreigner who has international protection status in a member state of the European Union may be granted a temporary residence permit for research purposes, if the requirements of subsection (1) are met and the foreigner has stayed in this member state for at least two years after being granted protection. Subsection (5) applies accordingly.

(4) Where necessary to prepare and implement measures under this Act and in accordance with provisions relating to foreigners in other acts, an order may be issued requiring a foreigner to report in person to the competent authority and to the diplomatic missions or authorised officials of the state whose nationality he or she putatively possesses, to provide the information needed to establish his or her identity and to undergo a medical examination to determine whether the foreigner is fit to travel. If a foreigner fails to comply with an order pursuant to sentence 1, the order may be enforced using direct force. Section 40 (1) and (2), sections 41, 42 (1) sentences 1 and 3 of the Act on the Federal Police apply accordingly.

1.  if it is established that the marriage has been entered into or kinship established solely for the purpose of enabling the persons immigrating subsequently to enter and stay in the federal territory or

(1) No residence title referred to in section 16b (1) and (5), sections 16e, 17 (2), section 18d, 18g or 19e is granted to foreigners

5.  the foreigner acquires the legal status of a long-term resident in another member state of the European Union. Subsections (2) to (4) apply accordingly to the cases referred to in sentence 1 nos. 3 and 4.

(1) Skilled workers are to be granted a permanent settlement permit without the consent of the Federal Employment Agency, if

(1) This Act serves to manage the influx of foreigners into the Federal Republic of Germany. It enables and organises immigration with due regard to the capacities for admission and integration and the interests of the Federal Republic of Germany in terms of its economy and labour market. At the same time, the Act also serves to fulfil Germany’s humanitarian obligations. To this end, it regulates the entry, residence, economic activity and integration of foreigners. The provisions contained in other acts remain unaffected.

7.  to encourage and support initiatives to integrate migrants who are permanently resident in the federal territory, including such initiatives at the level of the Länder and local authorities and among social groups;

(2) The Federal Government may issue individual instructions on implementing this Act and the statutory instruments enacted on the basis of this Act if

b)  holds a foreign higher education qualification which is officially recognised in the country where it was acquired, or

2.  using the procedure, selection, placement and the process to establish the equivalence of the occupational qualification with a German occupational qualification and, where necessary, to grant the authorisation to work in other specific occupations, taking into account the adequacy of the training structures in the country of origin

c)  performed skilled work continuously for three years and has not relied on public funds for his or her subsistence and that of his or her dependants or other members of the household within the year preceding the application for the temporary residence permit except for benefits to cover the necessary costs for accommodation and heating, and

2.  it is not possible to obtain the court ruling on the order for custody to secure departure referred to in subsection (1) beforehand and

9.  has been incontestably sentenced to a prison term or a fine for one or more intentionally committed offences, and the judgment explicitly found evidence of racist, xenophobic, antisemitic or gender-specific motives, motives directed against sexual orientation, or other motives evidencing contempt for humanity as referred to in section 46 (2) sentence 2 of the Criminal Code; sentences of fines of up to 90 daily rates are ignored, or

(4) During residence as referred to in subsection (1), no temporary residence permit may be granted for employment under section 19c (1) in conjunction with a provision of the Ordinance on the Employment of Foreigners for temporary employment. Section 9 does not apply.

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may be transmitted via the Federal Office of Administration to the security authorities and intelligence services listed in sentence 1 to ascertain grounds for denial or to investigate any other security reservations. Together with the data referred to in sentence 1, the data referred to in section 3 (1) nos. 1 and 3 of the Act on the Central Register of Foreigners, information on moving to or from Germany and on status under residence law, and data referred to in section 3 (2) nos. 6 and 9 of the Act on the Central Register of Foreigners on persons referred to in sentence 1 may be transmitted to the Federal Criminal Police Office to discharge their statutory duties. A check against other data sets at the Federal Office of Administration is also permitted for the purposes referred to in sentences 1 to 3.

The foreigner is required to obtain confirmation from a competent German authority that he or she fulfils the prerequisites of sentence 3 no. 1 (a) or (b). The fact that the training abroad meets the requirements stipulated in sentence 3 no. 1 (c) is to be confirmed vis-à-vis the body granting the qualification upon its application and at its expense.

and specify the necessary information in more precise terms. The Federal Office for Migration and Refugees forwards information it receives to the authority that requested it in accordance with sentence 1 or sentence 2. The data transmitted in the information furnished by the competent bodies of other member states of the European Union may be processed

2.  information on the foreigner’s identity and travel documents and on his or her residence title issued in another member state of the European Union, and

(1) In derogation from section 4 (1), a foreigner does not require a residence title for stays for research purposes not exceeding 180 days in a 360-day period, if the host research organisation in the federal territory has notified the Federal Office for Migration and Refugees and the competent authority of the other member state that the foreigner intends to carry out part of the research in the federal territory, submitting the following to the Federal Office for Migration and Refugees at the same time:

(2) Subsections (1a) and (3), section 9 (3), section 9c sentence 2, sections 28 to 31, 36a, section 51 (2) and (10) sentence 2 apply accordingly to establish and maintain a civil partnership in the federal territory.

4.  the foreigner has repeatedly been incontestably sentenced to at least one prison term for intentionally committed criminal offences,

1.  attending a language course to prepare for studies, if the foreigner has been accepted for full-time studies and the acceptance depends on the foreigner attending the preparatory language course, and

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(5) A foreigner who receives a pension from an institution in the federal territory will generally be granted a temporary residence permit if the foreigner lawfully resided in the federal territory for at least eight years prior to his or her departure.

1.  Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ, L 304, 30.9.2004 p. 12), or

(3) Public bodies may process the data contained in the machine-readable zone under subsection (2) to discharge their statutory duties.

1.  threatens the free democratic basic order or the security of the Federal Republic of Germany; this is assumed to be the case where there is reason to believe that the foreigner is or has been a member of an organisation which supports terrorism, or the foreigner supports or has supported such an organisation, or is, as referred to in section 89a (1) of the Criminal Code, preparing or has prepared a serious violent offence endangering the state as described in section 89a (2) of the Criminal Code,

(2) The Federal Ministry of the Interior, Building and Community is authorised to issue statutory instruments with the approval of the Bundesrat to determine that

4.  any other circumstances which it is to be assumed may be of relevance to the inquiring member state’s decision on residence matters.

(2) Detainees awaiting deportation are permitted to contact legal representatives, family members, the competent consular authorities and the relevant aid and support organisations.

(5) As a general rule, a temporary residence permit pursuant to section 25 (4a) sentence 1 or (4b) sentence 1 is to be revoked if

In cases covered by sentence 1 no. 1, the foreigners authority ascertains when issuing the residence title whether the foreigner is required to participate. In the cases covered by sentence 1 nos. 1 and 3, where foreigners are receiving benefits in accordance with Book Two of the Social Code for measures pursuant to section 15 of Book Two of the Social Code, the institution providing basic income support for jobseekers is, as a general rule, to follow the obligation imposed by the foreigners authority. Where, in individual cases, the institution providing basic income support for jobseekers decides otherwise, it is to notify the foreigners authority accordingly, which will then revoke the obligation. The obligation is to be revoked where it is unreasonable to expect a foreigner to attend a part-time course in addition to pursuing an economic activity. Further, when issuing a residence title pursuant to section 25 (1) or (2), the foreigners authorities may require a foreigner to take an integration course if he or she only has a basic command of the German language.

(6) Once a foreigner has been denied entry and residence under section 19f (5) or the Federal Office for Migration and Refugees has issued a certificate within the meaning of subsection (5), responsibility for further measures and decisions under residence law rests with the foreigners authority, as set out in section 71 (1). (4) The foreigner and the host research organisation are required to inform the foreigners authority of any changes to the requirements stipulated in subsection (1).

The temporary residence permit is granted for up to nine months. It may only be issued anew if the foreigner, after leaving Germany, stayed abroad for at least as long as he or she stayed in the federal territory on the basis of a temporary residence permit pursuant to sentence 1.

(2) To this end, the employer and the competent foreigners authority conclude an agreement comprising the following in particular:

7.  for other individually attributable public services rendered for the benefit of minors: half the fee determined for the public service,

(1) As a general rule, the deportation of foreigners required to leave the federal territory and their spouses or civil partners who entered the federal territory before 31 December 2022 is to be temporarily suspended under section 60a (2) sentence 3 for 30 months if

(4) In derogation from section 4 (1) of the Act on Fees and Expenses for Federal Services, the fees to be charged by the diplomatic missions abroad may be charged at the time of application. With regard to the fees to be charged by the diplomatic missions abroad, the Federal Foreign Office determines whether the fees will be charged in euros, in local currency or in a third currency. The fee may be rounded to the next highest unit, depending on the general availability of units in the selected currency.

if the foreigner, as holder of an EU Blue Card, had resided in the federal territory for at least two years at the time of application and possessed an EU Blue Card issued by another member state of the European Union immediately before being granted this EU Blue Card. Subsection (1) sentence 1 no. 4 applies accordingly to previous periods of residence with a residence title granted by another member state of the European Union for the purpose of study. Periods of residence outside of the European Union are not counted. However, such periods do not interrupt the period of residence pursuant to section 9a (2), sentence 1, no. 1 if they do not exceed 12 consecutive months and if they do not exceed a total of 18 months within the period laid down in section 9a (2), sentence 1, no. 1. Sentences 1 to 4 apply accordingly to the foreigner’s dependants who have been granted a temporary residence permit under sections 30 or 32.

b)  has started training as an assistant or helper in a state-recognised or similarly regulated occupation which may lead to quality vocational training in a state-recognised or similarly regulated occupation in which the Federal Employment Agency has determined that a labour shortage exists, and has been granted a training place,

4.  has not intentionally deceived the foreigners authority as to circumstances of relevance to his or her situation under residence law,

3.  the authorities charged with implementing this Act keep any other file system which is necessary in discharging their duties.

(2) In order to safeguard special political interests of the Federal Republic of Germany, the Federal Ministry of the Interior, Building and Community may, in consultation with the supreme Land authorities, order the Federal Office for Migration and Refugees to grant foreigners from specific states or certain categories of foreigners defined by other means approval for admission. No preliminary proceedings take place pursuant to section 68 of the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung). The foreigners concerned are to be granted a temporary residence permit or permanent settlement permit, in accordance with the approval for admission. The permanent settlement permit may be issued subject to a restriction on the permissible place of residence.

5a.  examining notifications submitted pursuant to section 16c (1), section 18e (1) and section 19a (1) and issuing certificates pursuant to section 16c (4), section 18e (5) and section 19a (4) or denying entry and residence;

b)  the total periods do not exceed six consecutive months or, within the period stated in section 9a (2), sentence 1, no. 1, a total of 10 months,

(1) Temporary suspension of deportation as referred to in section 60a (2) sentence 3 is to be granted if the foreigner in Germany

(1a) If the foreigner has an EU Blue Card, subsection (1) applies to the foreigner’s spouse subject to the proviso that the time period referred to in subsection (1) sentence 1 no. 1 is also deemed to have been fulfilled if marital cohabitation has lawfully existed for at least two years in the federal territory and before that for at least one year in another member state of the European Union.

1.  taking into account the type of data and the way they were collected, the legitimate interests of the person concerned, above all his or her interest in receiving protection from persecution, override the general interest in the transmission, or

(6) The foreigner is to be issued a certificate confirming that a period for departure has been set pursuant to subsection (1).

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3.  to determine in which cases the approval of the foreigners authority is required for the granting of a visa, in order to ensure the involvement of other authorities concerned,

4.  the institution of insolvency proceedings against the employer’s or host entity’s assets has been refused for lack of assets, and its business has been wound up,

1c.  has been incontestably sentenced pursuant to section 96 to a prison term or a term of youth custody of at least one year for one or more criminal offences,

1.  in contravention of section 4a (5) sentence 1, commissions a foreigner on a sustained basis to perform paid work or services for gain,

(3) A deportation order may not be enforced if the conditions for a deportation ban pursuant to section 60 (1) to (8) are met. Section 59 (2) and (3) applies accordingly. Assessment in this context is carried out by the authority deciding on the deportation order; this authority is not bound by findings reached in this connection in other proceedings.

1.  the public prosecutor’s office or the criminal court considers the foreigner’s presence in the federal territory to be appropriate in connection with criminal proceedings relating to the said criminal offence, because it would be more difficult to investigate the facts of the case without the foreigner’s information,

and the Federal Employment Agency has granted approval in accordance with section 39 or it has been determined pursuant to the Ordinance on the Employment of Foreigners or by intergovernmental agreement that granting a temporary residence permit is permissible without the approval of the Federal Employment Agency. Moreover, foreigners must have the command of the German language laid down in the agreement; as a general rule that is an elementary knowledge of the German language. The temporary residence permit only entitles the holder to pursue employment which is independent of the occupational qualification to be recognised for up to 20 hours per week.

8.  carrying out the admission process pursuant to section 23 (2) and (4) and the allocation of foreigners admitted pursuant to section 23 and section 22 sentence 2 to the Länder;

Where the grounds for revocation set out in sentence 1 no. 1 (a) cease to exist within a period of three months of notification of revocation, the obligation to take up residence in accordance with subsection (1) sentence 1 continues to exist in the Land to which the foreigner has moved his or her residence. In the event of revocation under sentence 1 no. 2, the foreigner is to be subject to an obligation under subsection (3) or (4), at most until the period referred to in subsection (1) expires, account having been taken of the foreigner’s interests.

(7) Foreigners who have been granted international protection status in another member state of the European Union are, as a general rule, to be granted a temporary residence permit for study purposes if they pursued studies in another EU member state for at least two years and the requirements of section 16c (1) sentence 1 nos. 2 and 3 apply. The temporary residence permit will be granted for the part of the studies to be carried out in Germany. Subsection (3) applies accordingly. Section 9 does not apply.

2.  have applied for an EU Blue Card as referred to in section 18g or have applied in another member state of the European Union for a residence title to be granted by that member state based on Directive (EU) 2021/1883.

In processing the data pursuant to sentence 3, the public body conducting the processing examines the authenticity of the electronic residence title. Of the data retrieved in accordance with sentence 3 no. 1, the data referred to in sentence 3 no. 2 are to be deleted by the public body conducting the processing immediately after it has finished examining the holder’s identity, and the other data are to be deleted immediately after they have been retrieved unless otherwise stipulated by law or on the basis of a law.

2.  they or their cohabiting spouses have paid contributions or made adequate provision for an old-age pension in Germany or abroad, unless they have been prevented from doing so by a physical or mental illness or disability,

the foreigner will be deemed to have met the deadline if he or she took all necessary and reasonable measures to verify his or her identity within the time periods given in (a) to (c), but his or her identity was unable to be verified until after these periods for reasons beyond the foreigner’s control,

(2a) Approval is deemed to have been granted if the Federal Employment Agency has determined for individual occupations or employment that, for a limited time, filling open posts in compliance with terms of employment set by collective agreement or by the Federal Employment Agency is reasonable in terms of labour market and integration policy (global approval) and the employer has provided assurance of compliance. The competent body under section 71 may disagree with the global approval in individual cases. In this case, section 72 (7) applies accordingly.

(1) The foreigner is to be served with a deportation warning specifying a reasonable period of between seven and 30 days for voluntary departure, provided no deportation ban applies and deportation would not be contrary to the well-being of a child, to family ties or to the foreigner’s health. By way of exception, a shorter period may be set or such a period may be waived altogether if, in individual cases, it is vital to safeguard overriding public interests, in particular where

2.  in the case of subsection (1) sentence 1 no. 2, the foreigner has not yet possessed a temporary suspension of deportation for three months at the time of applying,

1.  who have applied for recognition of international protection status in a member state of the European Union and the final decision on their application is pending or who have been granted international protection in a member state, or

(6) Geographic and other restrictions and conditions under this Act and other acts remain in force after the residence title expires or deportation is suspended until they are lifted or the foreigner meets the obligation to leave the federal territory.

4.  is involved in violent activities in the pursuit of political or religious objectives or calls publicly for the use of violence or threatens the use of violence, or

(4) A foreigner who is not enforceably required to leave the federal territory may be granted a temporary residence permit for a temporary stay if the foreigner’s continued presence in the federal territory is necessary on urgent humanitarian or personal grounds or due to substantial public interests. In derogation from section 8 (1) and (2), a temporary residence permit may be extended if departure from the federal territory would constitute exceptional hardship for the foreigner due to special circumstances in the individual case concerned. The residence permit does not entitle the holder to pursue an economic activity; such activity may be permitted under section 4a (1).

(5) The administrative offence may be punishable in the cases covered by subsection (2a) no. 1, by a fine of up to 500,000 euros, in the cases covered by subsection (2a) nos. 2, 3 and 4 by a fine of up to 30,000 euros, in the cases covered by subsection (2) no. 2 and subsection (3) nos. 1 and 5b by a fine of up to 5,000 euros, in the cases covered by subsections (1) and (2) nos. 1, 2a and 3 and subsection (3) no. 3 by a fine of up to 3,000 euros and in the other cases by a fine of up to 1,000 euros.

2.  every diplomatic mission abroad may keep a file system on visas applied for, granted, refused, recalled, annulled, revoked and rescinded as well as on visa applications withdrawn, and the diplomatic missions abroad may share with each other and with the Federal Foreign Office and the Federal Agency for Foreign Affairs the data stored therein, and

e)  the process for determining the member state responsible in accordance with Article 20 (1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 (OJ L 180, 29.6.2019, p. 31) has been initiated.

2.  the foreigner’s subsistence is ensured by his or her own economic activity or by a maintenance commitment into which a third party has entered for a period of five years and

(2) No temporary protection is granted if the conditions stipulated in section 3 (2) of the Asylum Act or section 60 (8) sentence 1 apply; the temporary residence permit is to be denied.

3.  who have applied for a residence title under Division 5 or a comparable legal status in another member state of the European Union and the final decision on their application is pending,

2.  is committed to the free democratic basic order of the Federal Republic of Germany and possesses a basic knowledge of the legal and social system and the way of life which prevails in the federal territory,

(6) Public or private bodies which decide on publicly funded measures to promote return and reintegration must transmit data collected under section 86a (1) to the competent foreigners authority to the extent necessary for the purposes listed in section 86a.

(4) Subsection (1) sentence 1 no. 1 (a) and no. 2, sentence (2), subsection (2) sentence 1 nos. 1, 2, 3, 5 and 6, sentence 2 and subsection (3), and in the case of entry by land also subsection (1) sentence 1 no. 1 (b), are to be applied to contraventions of statutory provisions on the entry and residence of foreigners in the territory of the member states of the European Union or of a Schengen state, where

(4) Custody to secure deportation may be ordered for up to six months. It may be extended by a maximum of 12 months in cases in which the foreigner hinders his or her deportation. It may also be extended by a maximum of 12 months where custody has been ordered on the basis of subsection (3) sentence 1 no. 3, and where the transmission of the necessary documents by the third country obligated or willing to admit the foreigner is delayed. Custody to secure deportation may not last longer than 18 months. A period of custody to prepare deportation counts towards the overall length of custody to secure deportation.

(4) The Federal Ministry of the Interior, Building and Community may issue and amend statutory instruments in accordance with subsection (1) nos. 1 and 2 without the approval of the Bundesrat as far as necessary to fulfil an intergovernmental agreement or to safeguard public interests. A statutory instrument pursuant to sentence 1 expires no later than three months after entering into force. Its period of validity may be extended via statutory instrument with the approval of the Bundesrat.

(3) As part of the fast-track procedure for skilled workers it is the responsibility of the competent foreigners authority to

(1) In order to promote their lasting integration into the way of life in the Federal Republic of Germany, foreigners who have been granted asylum status, refugee status within the meaning of section 3 (1) of the Asylum Act, subsidiary protection status within the meaning of section 4 (1) of the Asylum Act or who have been granted a temporary residence permit for the first time pursuant to section 22, 23, section 24 (1) or section 25 (3) are required to take up their habitual residence (place of residence) in that Land to which they have been allocated for the purposes of their asylum procedure or in the context of their admission process or in accordance with section 24 (3) for a period of three years from the time such status or temporary residence was granted. Sentence 1 does not apply where a foreigner, the foreigner’s spouse, registered civil partner or a minor unmarried child who is related to the foreigner and lives in a family household with the foreigner takes up or has taken up employment of at least 15 hours per week with full social security coverage, on account of which that person has an income amounting to at least the average monthly needs for individual persons pursuant to sections 20 and 22 of Book Two of the Social Code, or that person takes up or has taken up vocational training or is pursuing studies or is in a training relationship, or takes up, has taken up or has completed an integration course as referred to in section 43, a vocational language course as referred to in section 45a, a training measure lasting at least three months which leads to the recognition of occupational qualifications, or a further training measure as referred to in sections 81 and 82 of Book Three of the Social Code, if the course or training measure cannot be completed or continued in the place of residence stipulated in sentence 1 without delay. The period referred to in sentence 1 may be extended by the period during which the foreigner fails to meet the obligations stipulated in sentence 1. Where the grounds set out in sentence 2 cease to exist within a period of three months, the obligation to take up residence in accordance with sentence 1 continues to apply in the Land to which the foreigner has moved his or her residence.

3.  the serial number of the residence title which consists of the code number of the foreigners authority and a randomly assigned residence title number and which may contain both numerals and letters,

3.  establish violations of an enforceable court order pursuant to subsection (1) and to prosecute a criminal offence pursuant to section 95 (2) no. 1a,

The host research organisation is to make the notification when the foreigner applies for a residence title in the scope of Directive 2016/801/EU in another member state of the European Union. If, at the time of application, the host research organisation is not yet aware of the foreigner’s intention to carry out part of the research in the federal territory, it must make the notification as soon as it becomes aware of this intention. If the residence title pursuant to sentence 1 no. 1 has been issued by a non-Schengen state, and if the foreigner enters the federal territory via a non-Schengen state, the foreigner must carry a copy of the notification and present it to the competent authorities at their request.

(4) For approval or a work permit to be granted, the employer must provide the Federal Employment Agency with information about the employment relationship, in particular the remuneration, working hours and other terms of employment, compulsory social insurance and the need for an authorisation to work in the occupation. Employers who employ or used to employ a foreigner must provide the information referred to in sentence 1 within a month of a request from the Federal Employment Agency.

3.  transmit data on the location of the person concerned to the competent administrative fine authority to prosecute administrative offences pursuant to section 98 (3) no. 5a, or to the competent law enforcement authority to prosecute offences pursuant to section 95 (1) no. 6a or (2) no. 1a,

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(3) The Federal Office for Migration and Refugees notifies the competent authority of another member state of the European Union in which the foreigner concerned possesses an EU Blue Card regarding a decision on granting an EU Blue Card pursuant to section 18g. To do so, the following data are transmitted:

(1a) Before deporting unaccompanied foreign minors, the authority must ensure that, in the state to which they are to be returned, they will be handed over to a family member, to a person having the right of care and custody or to an appropriate reception centre.

(8) A foreigner who has a temporary residence permit under section 104c is, as a general rule, only to be granted a temporary residence permit under subsection (1) if the requirements of section 5 (1) no. 1a are met. If the foreigner has undertaken the necessary and reasonable measures to verify his or her identity, the temporary residence permit may be granted in derogation from sentence 1.

10.  has committed a more than isolated or minor breach of legal provisions, court rulings or orders, or has committed an offence outside of the federal territory which is to be regarded in the federal territory as an intentionally committed serious offence.

2.  acquire sufficient oral command of the German language equivalent to Level B1 of the Common European Framework of Reference for Languages and

2.  the foreigner has successfully attended school in the federal territory as a rule for three years or has acquired a recognised vocational or school-leaving qualification, These requirements are waived if the foreigner is unable to fulfil them on account of a physical or mental illness or disability,

(1) Costs arising in connection with the enforcement of a geographic restriction, refusal of entry, removal or deportation are to be borne by the foreigner.

a)  has concluded an effective hosting agreement or an equivalent contract to carry out a research project with a research organisation which is recognised for the implementation of the special approval procedure for researchers in the federal territory, or

(1) The stay of a foreigner who is enforceably required to leave the federal territory is restricted in geographic terms to the territory of the Land concerned. The geographic restriction referred to in sentence 1 may be waived if the foreigner is entitled to take up employment without a labour-market test pursuant to section 39 (2) sentence 1 no. 1 or if necessary to attend school, to participate in basic and advanced vocational training or to study at a state or state-recognised university or a comparable educational institution. The same applies if this serves to preserve the family unit.

(6) A temporary residence permit as referred to in subsection (1) sentence 1 may be granted without regard to subsection (2) no. 3 if the foreigner has taken the necessary and reasonable measures to verify his or her identity.

2.  is enforceably required to leave the federal territory for reasons other than the interests in expulsion referred to in sentence 1, and if the order to report to the police is necessary to avert a threat to public safety and order.

(3) A residence title to which the annotation “EC long-term residence permit” (Daueraufenthalt-EG) was appended prior to 28 August 2007 retains its validity as an EU long-term residence permit.

(8) Responsibility under data protection law for ensuring that the conditions of subsection (2) sentence 1 are met lies with the authority which entered the data in the Counter-Terrorism Database. Responsibility under data protection law for the security check lies with the Federal Office of Administration. The Federal Criminal Police Office is responsible under data protection law for ensuring that the transmitted data reflect the current status of the Counter-Terrorism Database.

(8) Before the ban on entry and residence expires, the foreigner may, by way of exception, be allowed to enter the federal territory for a brief period if the foreigner’s presence is required for compelling reasons or if denying permission would constitute undue hardship. The supreme Land authority is responsible for deciding in the cases covered covered by subsections (5a) and (5b).

2.  conditions imposed in accordance with section 61 (1f) requiring the foreigner to take up residence at a departure facility,

(1) Foreigners are required to leave the federal territory if they do not or no longer possess the necessary residence title and no right of residence exists or no longer exists under the EEC/Turkey Association Agreement.

(2) Former Germans who are habitually resident abroad may be granted a temporary residence permit if they possess a sufficient command of the German language.

4.  has not intentionally deceived the foreigners authority as to circumstances relevant to his or her situation under residence law and has not intentionally delayed or obstructed official measures to end his or her residence,

(2) Derogation from the requirements stipulated in subsection (1) sentence 1 nos. 1 and 3 is possible to prevent particular hardship. The requirements stipulated in subsection (1) sentence 1 no. 1 may be waived if the foreigner has acquired a recognised school-leaving qualification in the federal territory.

3.  if the foreigner is not entitled to a residence title, the foreigner’s stay does not threaten or jeopardise the interests of the Federal Republic of Germany for any other reason, and

1.  anyone who has employed a foreigner who was not permitted to pursue the economic activity under the provisions of this Act,

5.  the foreigner has an EU Blue Card, an ICT Card, a Mobile ICT Card or a residence title under sections 18a, 18b, 18c (3), 18d, 18f, 19c (1) for employment as an executive, manager, business specialist, academic, visiting academic, engineer or technician in a research team of a visiting academic or as teaching staff, section 19c (2) or (4) sentence 1 or section 21,

(4) The temporary suspension of deportation for the purpose of training expires if any of the conditions listed in subsection (2) no. 4 occurs or if the training ends earlier than planned or is discontinued.

2.  the foreigner has been employed by the undertaking or group of undertakings for at least six months immediately prior to the transfer and will be employed without interruption by the undertaking or group of undertakings during the transfer period,

2.  the foreigner no longer conducts research or is no longer permitted to conduct research at the research organisation, or

In the cases covered by sentence 1 no. 1, subsection (1) sentences 2 to 4 and subsections (2) to (4) apply accordingly. In the cases covered by sentence 1 nos. 2 and 3, subsections (2) to (4) are to be applied accordingly; in addition, the temporary residence permit allows holders to work as a trainee pursuant to sentence 1 no. 3.

(1) Data on the visa applicant, the inviting party, on persons guaranteeing that the foreigner’s subsistence will be ensured by making a declaration of commitment or by other means and on other reference persons in Germany which is collected during the visa procedure by a German diplomatic mission abroad or by the diplomatic mission abroad of another Schengen state which is responsible for taking receipt of the visa application may be transmitted via the Federal Office of Administration to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counter-Intelligence Service, the Federal Criminal Police Office, the Federal Police and the Customs Criminological Office in order to ascertain any grounds for denial pursuant to section 5 (4), section 27 (3a) or to investigate any other security reservations. The procedure pursuant to section 21 of the Act on the Central Register of Foreigners remains unaffected. In cases covered by section 14 (2), the authorities charged with policing cross-border traffic may transmit the data collected in the visa application procedure to the authorities referred to in sentence 1.

3.  support organisations, political movements or groups within or outside of the federal territory which have initiated, advocated or threatened attacks on persons or objects in the federal territory or attacks on Germans or German establishments outside of the federal territory.

3.  the fact that the competent foreigners authority has been authorised by the employer to initiate and carry out the procedure to establish the equivalence of the occupational qualification the foreigner acquired abroad,

2.  to determine that the residence title may be obtained prior to entry into the federal territory from the foreigners authority or after entry,

(5) The Federal Ministry of the Interior, Building and Community is authorised to determine, by statutory instrument concerning the fast-track procedure for skilled workers under section 81a,

(7) The Federal Ministry of the Interior and Community announces the minimum salaries referred to in subsections (1) and (2) in the Federal Gazette for each calendar year by 31 December for the following year.

(4) The foreigner’s identity is to be verified by means of identification measures when allocation is carried out in accordance with section 15a.

The data to be recorded under sentence 1 no. 1 cover the foreigner’s personal details, including nationality and address, information relating to the passport, measures taken in accordance with the law on foreigners, entry in the Central Register of Foreigners and former addresses of the foreigner, the competent foreigners authority and the furnishing of records to another foreigners authority. Information relating to the body taking the photograph and to the use of a document under section 78 (1) for the electronic proof of identity including its activation and deactivation as well as its blocking and unblocking are also recorded. The foreigners authorities’ authorisation to store further personal data is determined by Regulation (EU) 2016/679 and the data protection provisions of the respective Länder.

(1) The data relating to expulsion, removal and deportation are to be deleted 10 years after the time limit specified in section 11 (1) sentence 2 expires. They must be deleted prior to this if they contain information which may no longer be used against the foreigner in accordance with other statutory provisions.

a)  based on at least three years of occupational experience gained within the past seven years in an occupation which belongs to Group 133 or 25 according to the Commission Recommendation of 29 October 2009 on the use of the International Standard Classification of Occupations (ISCO-08) (OJ L 292, 10.11.2009, p. 31),

(2) A residence title granted or extended by the foreigners authority after the foreigner has entered the federal territory may be extended in accordance with the provisions of this Act, irrespective of whether the foreigner has filed an application for asylum.

(2) A national visa, a temporary residence permit or an EU Blue Card granted for the purpose of employment are to be revoked if the Federal Employment Agency revokes its approval of employment pursuant to section 41. In the case of sentence 1, a national visa or a temporary residence permit not granted for the purpose of employment is to be revoked to the extent to which they permit employment.

(2) The entitlement pursuant to subsection (1) expires one year after the residence title establishing the entitlement was granted or when that title expires. This does not apply if the foreigner was unable to register for an integration course within that period for reasons beyond his or her control.

When taking decisions pursuant to sentence 1, specific local circumstances conducive to integration may also be taken into account, in particular the availability of educational and care services for minor children and juveniles.

3.  the application for the temporary residence permit is filed after the foreigner has reached the age of 15 and before he or she has reached the age of 21, and within five years of departure from the federal territory.

3.  the requirements as to suitable accommodation within the meaning of subsections (2), (3) no. 1 and subsection (5) sentence 1 no. 1 (a), as well as the form of its proof,

(3) A foreigner must immediately leave any part of the federal territory in which he or she may be staying without the permission of the foreigners authority in breach of a geographic restriction.

(3) The central allocation agency informs the authority which has requested allocation which reception centre is obliged to admit the foreigners concerned in accordance with sentences 2 and 3. If the Land whose authority has requested allocation has not filled its admission quota, the Land’s reception centre located nearest to this authority having capacity is obliged to admit the foreigners concerned. Otherwise, the reception centre designated by the central allocation agency on the basis of the allocation quota pursuant to section 45 of the Asylum Act and the available accommodation capacities is obliged to admit the foreigners concerned. Section 46 (4) and (5) of the Asylum Act applies accordingly.

(3) As a general rule, a highly skilled worker holding a university degree is to be granted a permanent settlement permit in special cases without the consent of the Federal Employment Agency if there is reason to assume that integration into the way of life in the Federal Republic of Germany and the foreigner's subsistence without state assistance are assured and if the requirements of section 9 (2) sentence 1 no. 4 are met. The Land government may stipulate that granting the permanent settlement permit pursuant to sentence 1 requires the approval of the supreme Land authority or a body designated by it. Highly skilled workers as referred to in sentence 1 include in particular the following persons, provided that they have multiple years of work experience:

(11) Sufficient command of the German language corresponds to Level B1 of the Common European Framework of Reference for Languages.

(3) Foreigners who do not possess a valid passport or passport substitute are required to cooperate in efforts to obtain the identity paper and to present, hand over and leave with the authorities entrusted with enforcing this Act all such documents, other papers and data carriers as may be of importance in establishing their identity and nationality and in establishing and enforcing a possibility of removing them to another state. If the foreigner fails to meet this obligation and there is factual evidence that he or she is in possession of such documents or data carriers, the foreigner and the objects in his or her possession and his or her home may be searched to seek such documents or data carriers. Searches of homes pursuant to sentence 2 may only be ordered by a judge or, in case of imminent danger, by the authorities charged with enforcing this Act; section 58 (9a) applies accordingly. The foreigner must tolerate this measure.

d)  similar concrete preparations to deport the foreigner have been initiated, unless it is foreseeable from the outset that such measures will be unsuccessful, or

a)  has a foreign occupational qualification which is officially recognised by the country where it was acquired and which can only be acquired after completing training which takes at least two years, or

3.  has a legal status in another member state of the European Union which corresponds to that described in section 1 (2), no. 2,

(2) The temporary residence permit may not be extended if the obstacle to departure or the other grounds precluding a termination of residence have ceased to apply.

(3) The Federal Office for Migration and Refugees notifies the competent authority of another member state of the European Union ex officio that a foreigner who possesses long-term resident status in said member state has been informed of intention to deport or remove him or her

(12) In the case of a deportation warning under sections 34 and 35 of the Asylum Act or a deportation order pursuant to section 34a of the Asylum Act issued prior to 1 August 2015, responsibility for ordering a ban on entry and residence under section 11 lies with the foreigners authorities.

(3) Granting an EU Blue Card requires that the concrete job offer under section 18 (2) no. 1 provides for employment of at least six months.

5a  in contravention of section 60b (2) sentence 1 fails to undertake all reasonable efforts to acquire a recognised and valid passport or passport substitute,

(2) Foreigners are to be taken into custody by judicial order to enable the preparation of expulsion or a deportation order pursuant to section 58a, if a decision on expulsion or the deportation order pursuant to section 58a cannot be reached immediately and deportation would be much more difficult or impossible without such detention (custody to prepare deportation). As a rule, the duration of custody to prepare deportation is not to exceed six weeks. In case of expulsion, no new judicial order is required to continue custody until the ordered term of custody expires.

2.  the requirements for approval stipulated in sections 16d (3), 19, 19b, 19c (3) or section 19d (1) no. 1 or in the Ordinance on the Employment of Foreigners and which concern the employment are met, and

(3) The Federal Ministry of Labour and Social Affairs is authorised to regulate, by means of a statutory instrument not requiring the approval of the Bundesrat, and in agreement with the Federal Ministry of the Interior, Building and Community, further details of the job-related language training, in particular the basic structure, the target groups, the duration, the content and implementation of the courses, the criteria for selecting and approving course providers, and the requirements and general conditions related to access to and proper and successful participation in the courses, including the final certificates and arrangements for the payment of costs, and the processing of data in accordance with section 88a (3).

The temporary residence permit may be extended if the remuneration owed to the foreigner by the employer has not yet been paid in full, and it would represent particular hardship for the foreigner to pursue his or her claim from abroad. The temporary residence permit does not entitle the holder to pursue an economic activity; such activity may be permitted under section 4a (1).

(2) Other family members of a foreigner may be granted a temporary residence permit for the purpose of subsequent immigration to join the foreigner if necessary in order to avoid exceptional hardship. Section 30 (3) and section 31 apply accordingly to adult family members and section 34 applies accordingly to minor family members.

(3) In justified individual cases, a foreigner may be granted a temporary residence permit if there is a public interest, and in particular a regional, economic or labour market interest in the foreigner’s employment.

(5) Where the foreigner is under 18 years of age, the persons entitled to the foreigner’s care and custody must consent to any planned stay in accordance with Chapter 2 Divisions 3 and 4.

b)  without being excused, failed to appear in person for an appointment at the competent authority following an order pursuant to section 82 (4) sentence 1 or, during the appointment, did not provide the information needed to establish his or her identity and

(4) This procedure also covers the subsequent immigration of spouses or minor, unmarried children whose visa applications are submitted around the same time.

3.  the legitimate interests of the persons concerned are not harmed, or the public interest in carrying out the research project significantly outweighs the legitimate interests of the persons concerned and the research purpose cannot be achieved in any other way, and

1.  whose legal status is regulated by the Act on the General Freedom of Movement for EU Citizens, in the absence of any legal provisions to the contrary,

12.  imposing bans on entry and residence pursuant to section 11 (1) in the case of a deportation warning pursuant to sections 34, 35 of the Asylum Act or a deportation order pursuant to section 34a of the Asylum Act, and imposing bans on entry and residence and setting time limits on such bans pursuant to section 11 (7);

3.  provide a statement to the authorities of the country of origin declaring that the foreigner will voluntarily leave the federal territory as required by German law, if issuing the travel document depends on making such a statement;

1c.  imposition of time limits on the effects of deportations and removals which they carry out pursuant to section 11 (2), (4) and (8),

(1) A visa may be granted to safeguard political interests of the Federation subject to the proviso that extending the visa and issuing another residence title after the visa expires and lifting and amending requirements, conditions and other restrictions pertaining to the visa may only be undertaken in consultation or agreement with the Federal Ministry of the Interior, Building and Community or the body appointed by it.

(7) Long-term residents are foreigners who have been granted the legal status of long-term resident in a member state of the European Union pursuant to Article 2 (b) of Council Directive 2003/109/EC of 25 November 2003 concerning the legal status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44), most recently amended by Directive 2011/51/EU (OJ L 132, 19.5. 2011. p. 1), and whose status has not subsequently been revoked.

2a.  in contravention of section 12a (1) sentence 1 does not take up residence in the Land in which he or she is obliged to take up residence or does not do so for the prescribed length of time,

2.  the offender supports a foreigner who is not a national of a member state of the European Union or of another state party to the Convention on the European Economic Area.

(2) The spouse, civil partner and any minor unmarried children living as a family unit with a foreigner granted a temporary residence permit under subsection (1) are, as a general rule, to be granted a temporary residence permit if they meet the requirements of subsection (1) nos. 1 and 2 even if, by 31 October 2022, they had not yet resided in the federal territory on the basis of a temporary residence permit, suspended deportation or permission to remain pending the asylum decision for five years without interruption. The same applies to adult unmarried children who were minors at the time they entered the federal territory. Subsection (1) sentence 2 applies accordingly.

1.  the foreigner’s stay is detrimental to public safety and order or other substantial interests of the Federal Republic of Germany or

(4) Residence titles under sections 18a, 18b, 18g and 19c are granted for a period of four years or for a shorter period plus an additional three months, but not to exceed four years, if the employment relationship or the approval by the Federal Employment Agency is limited to a shorter period.

3.  who hold an EU long-term residence permit or a residence title issued by another member state of the European Union on the basis of Directive 2003/109/EC,

To this end, at the request of the Federal Office for Migration and Refugees, the foreigners authorities and the diplomatic missions abroad transmit to the Federal Office the data required to provide the information.

5.  there is no concrete evidence to suggest that the foreigner is not committed to the free democratic basic order of the Federal Republic of Germany.

1.  the public prosecutor’s office or the criminal court considers the temporary presence of the foreigner in the federal territory to be appropriate in connection with criminal proceedings relating to the said criminal offence, because it would be more difficult to investigate the facts of the case without the foreigner’s information and

2.  the administrative costs and expenditure on accommodation, food and other provision for the foreigner and translation and interpreting costs which arise up to the time the decision on entry is enforced, and

In its capacity as the National Contact Point in accordance with Article 27 (1) of Directive 2001/55/EC, the Federal Office for Migration and Refugees may transmit the data contained in the Central Register of Foreigners to the following bodies for the purpose of relocating admitted foreigners to other member states of the European Union or reunifying families:

(4) The following periods are counted towards the periods of possessing a temporary residence permit which are necessary to qualify for a permanent settlement permit:

(1) The Federal Office for Migration and Refugees receives applications pursuant to section 19b and forwards them to the competent foreigners authority. It informs the applicant of the competent foreigners authority.

3.  has committed or attempted to commit, as a perpetrator or participant, an offence as defined in section 96, 97 or 29 (1) sentence 1 no. 1 of the Narcotics Act (Betäubungsmittelgesetz),

(1) The public interest in expelling the foreigner (Ausweisungsinteresse) within the meaning of section 53 (1) is particularly serious where the foreigner

In derogation from sections 5 and 29 (1) no. 2, a child who is born in the federal territory may be granted a temporary residence permit ex officio if one parent possesses a temporary residence permit, permanent settlement permit or EU long-term residence permit. Where both parents or the parent possessing sole right of care and custody hold a temporary residence permit, a permanent settlement permit or an EU long-term residence permit at the time of their child's birth, the child born in the federal territory is granted a temporary residence permit ex officio. A child born in the federal territory whose mother or father possesses a visa or is permitted to stay in the federal territory without a visa at the time of the child's birth is permitted to stay in the federal territory until the visa or the lawful period of stay without a visa expires.

2b.  contravenes an enforceable order imposed in accordance with section 12a (2), (3) or (4) sentence 1 or section 61 (1c),

4.  any of the conditions listed in section 19d (1) no. 6 or 7 applies, or the foreigner is subject to an expulsion order or a deportation order pursuant to section 58a, or

(3) Foreigners are to be taken into custody by judicial order for the purpose of safeguarding deportation (custody to secure deportation) if

1.  the research organisation with which the foreigner has concluded a hosting agreement loses its recognised status, where the foreigner has been involved in an action which has led to the loss of such status,

(2) The data referred to in subsection (1) sentences 1 and 2 are checked in a special organisational unit of the Federal Office of Administration in an automated procedure against data stored in the file referred to in section1 (1) of the Act on Setting up a Counter-Terrorism Database (Antiterrordateigesetz) regarding persons when there is reason to believe that they

(12b) Work requiring skills, knowledge and abilities acquired in a course of study or in quality vocational training constitutes skilled employment.

(2) A foreigner with a high degree of practical occupational skills may be granted a temporary residence permit to perform skilled work if it is determined on the basis of the Ordinance on the Employment of Foreigners that the foreigner may be admitted to pursue this employment.

(1) A foreigner whose lawful habitual residence as a minor was in the federal territory is to be granted a temporary residence permit if

(1) The residence title is issued for the federal territory. Its validity in accordance with the provisions of the Convention Implementing the Schengen Agreement for residence in the territories of the contracting parties remains unaffected.

(3a) The Federal Employment Agency may give its approval to the skilled employment of foreigners in Germany pursuant to section 20a (5) sentence 2, if the foreigners are not employed under less favourable terms than German nationals employed in an equivalent position

1.  the foreigner has possessed a temporary residence permit for five years; in derogation from section 55 (3) of the Asylum Act, the period of residence during the asylum procedure which preceded the issuance of the temporary residence permit is counted towards the period in which the foreigner is required to possess a temporary residence permit in order to be issued with a permanent settlement permit,

4.  are in contact with the persons referred to in no. 1 or no. 3 not only fleetingly or by chance and it is expected that they will yield further information which may help in solving or combating international terrorism insofar as there is reason to believe that they are aware of the planning or commission of one of the criminal offences referred to in no. 1 or the use, support for or preparation of unlawful violence within the meaning of no. 3.

(5) If the foreigner is not denied entry and residence in line with section 19f (5), the Federal Office for Migration and Refugees issues the foreigner with a certificate confirming the entitlement to enter and stay in the federal territory for research purposes as part of short-term mobility.

(4) When it becomes aware of the expenditure of public funds to be reimbursed pursuant to subsection (1), the foreigners authority notifies the public body entitled to the reimbursement immediately as to the declaration of commitment pursuant to subsection (1) sentence 1, and furnishes that body with all the information necessary to assert and enforce the reimbursement claim. The recipient may only use the data for the purpose of reimbursing the public funds expended for the foreigner and refusing further benefits.

(1) Skilled workers holding a university degree are granted an EU Blue Card without the consent of the Federal Employment Agency for employment in Germany commensurate with their qualification, if they have a salary corresponding to at least two-thirds of the annual earnings ceiling of the general pension scheme and if none of the reasons for refusal regulated in section 19f (1) and (2) exist. Skilled workers holding a university degree who

(4) The fact that the foreigner’s subsistence is no longer ensured on the basis of his or her own economic activity or that the maintenance commitment no longer applies because the five-year period has expired does not preclude extension of the temporary residence permit.

7.  Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44),

The authorities charged with implementing this Act may collect personal data for the purpose of implementing this Act and provisions relating to foreigners contained in other acts, where this is necessary to discharge their duties under this Act and in accordance with provisions relating to foreigners in other acts. Personal data which may not be processed under Article 9 (1) of Regulation (EU) 2016/679 may be collected to the extent necessary in the individual case for the authorities to discharge their duties.

3.  to make sure that the funds are used properly and of claiming their repayment if this is not the case. The following data are collected:

1.  the remuneration the foreigner will be granted during the intra-corporate transfer is less favourable than that granted to comparable German employees,

The foreigner is to be brought before the court without delay for a decision on ordering detention for the purpose of transfer. Section 62d and the provisions of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit) apply accordingly to the procedure for ordering detention for the purpose of transfer in accordance with Regulation (EU) No 604/2013, unless the procedure is regulated in another manner under Regulation (EU) No 604/2013.

(2) Foreigners may not be deported to a state where they face serious harm as referred to in section 4 (1) of the Asylum Act. Subsection (1) sentences 3 and 4 applies accordingly.

a)  developing the basic structure and content of the integration course pursuant to section 43 (3) and job-related language training pursuant to section 45a,

(6) The foreigners authorities may address requests for information to competent bodies of other member states of the European Union through the Federal Office for Migration and Refugees, where this is necessary in order to check previous periods of residency that can be counted according to section 9b (2) sentence 1 for granting an EU long-term residence permit. To this end, they may transmit

c)  the order in which the fingerprints are to be stored in cases where an index finger is missing, the quality of the fingerprint is inadequate, or where the fingertip is damaged,

(1) In its capacity as the National Contact Point within the meaning of Article 25 of Directive 2003/109/EC, the Federal Office for Migration and Refugees notifies the competent authority of another member state of the European Union in which the foreigner concerned possesses the status of a long-term resident as to the content and date of a decision on issuing or extending a temporary residence permit under section 38a (1) or on issuing an EU long-term residence permit. The authority which has reached the decision transmits the necessary data to the Federal Office for Migration and Refugees without delay. The data required for notifications under sentence 1 may be transmitted to the National Contact Point by means of an automated process, using the Central Foreigners Register number.

(2) If foreigners who are enforceably required to leave the federal territory have no valid passport or passport substitute, they are required without prejudice to section 3 to undertake all efforts reasonable in view of the circumstances of the individual case to acquire a passport or passport substitute. This does not apply to foreigners from the time they have filed an application for asylum (section 13 of the Asylum Act) or made a request for asylum (section 18 of the Asylum Act) until the asylum application has been rejected with final and binding effect, or to foreigners to whom a deportation ban under section 60 (5) or (7) applies, unless the deportation ban under section 60 (7) is based solely on health reasons.

(5) If the training relationship ends earlier than planned or is discontinued, the temporary residence permit pursuant to subsection (1) is extended one time for six months for the purpose of seeking another training place in order to begin vocational training in accordance with subsection (1). The temporary residence permit pursuant to subsection (1) is granted for six months for the purpose of seeking employment commensurate with the acquired vocational qualification if, after successfully completing the vocational training for which the temporary residence permit pursuant to subsection (1) was granted, the foreigner is not kept on in the training enterprise; the temporary residence permit referred to sentence 1 or 2 granted to enable the foreigner to seek employment or training may not be extended for this purpose.

(3) Foreigners who fulfil the requirements stipulated in subsection (1) are entitled to take up research in the host research organisation and to take up teaching activities.

(5) Upon request, the foreigners authority informs the court bailiff of a person’s place of residence for the purposes referred to in section 755 of the Code of Civil Procedure.

(4) Bi- or multi-lateral agreements of the Länder with public bodies in another country governing attendance of domestic schools by foreign pupils remain unaffected. A temporary residence permit to attend school can only be issued on the basis of such agreements if the supreme Land authority responsible for residence law has endorsed the agreement.

(2) The customs administration authorities notify the Central Trade and Industry Register as to incontestable orders imposing administrative fines pursuant to section 98 (2a) no. 1 and (3) no. 1 which are to be entered in the register. This applies only to fines of more than 200 euros.

1.  if necessary to avert serious threats to the life and limb of the foreigner or of others, or if the foreigner constitutes a risk to public health, and special protective measures to eliminate the risk are not possible or fail to be observed by the foreigner, or

To this end, at the request of the Federal Office for Migration and Refugees, the foreigners authorities and the diplomatic missions abroad transmit to the Federal Office the data required to provide the information.

(3) An application for a temporary residence permit pursuant to subsection (1) may be made no earlier than seven months before the vocational training begins. A temporary residence permit pursuant to subsection (1) sentence 1 no. 2 is granted no earlier than six months before the vocational training begins. It is granted if, at the time of application for a residence permit pursuant to subsection (1),

3.  the hosting agreement or an equivalent contract concluded with the host research organisation in the federal territory is submitted.

5.  persons who are 65 years of age or older on 31 December 2009, if they have no family in their country of origin but do have dependants (children or grandchildren) who are permanently resident in the federal territory or German nationals and if it is thus ensured that no social benefits will be claimed for such persons.

5.  who come under Directive 96/71/EC of the European Parliament and the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1) in the version of Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16; OJ L 91, 29.3.2019, p. 77) for the duration of their transfer to Germany.

7.  the foreigner required to leave the federal territory and his or her spouse or civil partner have not been convicted of an offence intentionally committed in the federal territory; convictions as referred to in section 32 (2) no. 5 (a) of the Act on the Central Criminal Register (Bundeszentralregistergesetz) for offences which, under the Residence Act or the Asylum Act, can only be committed by foreigners are to be ignored as a general principle,

(6) In order to carry out enforcement proceedings, the foreigners authority informs the executing authority at its request of the judgment debtor’s place of residence. The foreigners authority may communicate the place of residence only if the executing authority is unable to obtain the information from the registration office and confirms this in its request filed with the foreigners authority.

4.  other data concerning the foreigner which are stored in the Central Register of Foreigners or which originate from the foreigner’s file or the visa file and which have been requested by the other member state of the European Union.

(5c) The authority which issues the expulsion order, the deportation warning or the deportation order pursuant to section 58a is also responsible for issuing the associated entry and residence ban and determining its length for the first time.

(3) When conducting job-related language training courses in accordance with section 45a, the foreigners authority, the Federal Employment Agency, the institution providing basic income support for jobseekers, the Federal Office of Administration and the private and public institutions conducting the courses are permitted to transmit to the Federal Office for Migration and Refugees data relating to course participants concerning registration, length of attendance and the manner in which the course was concluded as far as necessary to grant admission to the course, ascertain and verify fulfilment of the obligation to duly attend, and to conduct and invoice the course. On request, the Federal Office for Migration and Refugees may transmit the data transmitted in accordance with sentence 1 to foreigners authorities, the Federal Employment Agency, institutions providing basic income support for jobseekers and nationality authorities as far as necessary to grant permission or entitlement to attend an integration course, verify fulfilment of the obligation to duly attend, grant a permanent settlement permit or an EU long-term residence permit, supervise the integration agreement in accordance with Book Two of the Social Code in the version valid until 30 June 2023 or the cooperation plan in accordance with Book Two of the Social Code in the version valid from 1 July 2023, to integrate the foreigner in the labour market, or to conduct the naturalisation procedure. The private and public institutions authorised to conduct the job-related language training may inform the competent foreigners authority, the Federal Employment Agency or the competent institution providing basic income support for jobseekers of a foreigner’s failure to duly attend.

(4) The Federal Office for Migration and Refugees notifies the competent authority of another member state of the European Union in which the foreigner concerned possesses a residence title under Directive 2016/801/EU as to the contents and date of a decision on

(3a) The retrieval of data from data carriers, including mobile devices and cloud services, is permitted for the purpose of ensuring analysis in accordance with subsection (3b) if it is necessary to establish the foreigner’s identity and nationality and to establish and enforce the possibility of removal since the foreigner has no valid passport, passport substitute or other suitable proof of identity. The foreigner must provide the access data required for the permissible retrieval of data from of data carriers.

11.  the foreigner required to leave the federal territory and his or her spouse or civil partner, if required to take an integration course, have successfully completed the integration course or discontinued it for reasons beyond their control.

2.  has not yet applied for the necessary residence title for the first time or for its extension or has submitted an application, but the foreigner’s residence is not deemed to be permitted pursuant to section 81 (3) or the residence title is not deemed to remain valid pursuant to section 81 (4), or

(4) A temporary residence permit issued pursuant to subsection (1) may be subject to an ancillary provision pursuant to section 34 of the Ordinance on the Employment of Foreigners for no longer than 12 months. If the temporary residence permit is issued pursuant to subsection (1), the period referred to in sentence 1 begins when the holder is permitted to take up employment for the first time. After this period has elapsed, the temporary residence permit entitles the holder to pursue an economic activity.

Giving foreigners access to education serves to promote general education, international understanding and meeting Germany’s demand for skilled labour. It also serves to promote Germany’s relations in the global scientific community and international development. Access to education is organised in a manner ensuring public security interests.

(1) Anyone who has provided the foreigners authority or a diplomatic mission abroad with a declaration of commitment to bear a foreigner’s living expenses is required for a period of five years to reimburse all public funds expended to cover the foreigner’s living expenses, including the provision of living space, medical care in case of illness and any required nursing care, and including any such expenditure which is based on a legal entitlement of the foreigner. Expenditures based on the payment of contributions are not to be reimbursed. The period referred to in sentence 1 begins with the foreigner’s entry which the declaration of commitment made possible. The declaration of commitment does not expire before the period of five years from the foreigner’s entry has elapsed if a residence title is granted pursuant to Chapter 2 Division 5 or if recognition is given pursuant to section 3 or section 4 of the Asylum Act.

2.  there is a well-founded suspicion that the foreigner does not intend to stay in the federal territory for the stated purpose,

1a.  deportations at the border, insofar as the foreigner has been apprehended during or following unlawful entry into the federal territory across a border within the meaning of Article 2 no. 1 of Regulation (EU) 2016/399 (internal border),

The legal provisions governing temporary residence permits also apply to the EU Blue Card, the ICT Card and the Mobile ICT Card in the absence of any law or statutory instrument to the contrary.

(6) In derogation from section 8 (1), the minimum salary level referred to in subsection (1) sentence 2 applies when extending an EU Blue Card if the applicant acquired a higher education qualification or qualification from a tertiary programme of education which is equivalent to higher education studies no more than three years prior to applying for the extension of the EU Blue Card, or if fewer than 24 months have elapsed since the first EU Blue Card was granted in accordance with subsection (1) sentence 2 no. 2. In all other cases, section 8 (1) remains unaffected.

(3) The costs specified in subsections (1) and (2) are charged by the competent authority pursuant to section 71 by means of a payment order in the amount of the costs actually incurred. The general principles for calculating public-sector personnel costs apply to calculating the personnel costs.

(1) A foreigner may be granted a temporary residence permit to attend language courses which do not serve to prepare for a course of study or to participate in a pupil exchange scheme. A temporary residence permit for participation in a pupil exchange scheme may also be granted in cases where there is no direct exchange.

Section 73Other consultation requirements in visa procedures, in public register and asylum procedures and in issuing residence titles

2.  foreigner has paid considerable sums of money, in particular to third parties, for activities referred to in section 96, and these sums are so considerable given the circumstances that it can be concluded that the foreigner will prevent deportation to ensure that the expense was not in vain,

(5) If the foreigner is entitled to stay in the federal territory in accordance with section 18e, the spouse does not need a residence title if it has been established that the spouse resided in the other member state of the European Union lawfully as the foreigner’s dependant. The requirements stipulated in section 18e (1) sentence 1 nos. 1, 3 and 4, and the grounds for denial pursuant to section 19f apply accordingly to the spouse.

(8) Subsections (1) to (4) and (6) serve to implement Directive 2016/801/EU of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).

2.  immediately before the EU Blue Card was granted, the holder of the EU Blue Card had an EU Blue Card issued by another member state of the European Union, and

(2c) It is assumed that the deportation is not precluded on health grounds. The foreigner must provide credible evidence of an illness which might interfere with deportation by submitting a qualified medical certificate. As a rule, this medical certificate is to document in particular the factual circumstances on which the professional assessment was based, the method of establishing the facts, the specialist medical assessment of the illness (diagnosis), the severity of the illness, its Latin name or classification according to ICD 10 and the medical assessment of the probable consequences of the situation resulting from the illness. Medications needed to treat the illness must be listed along with their active ingredients under the names used in international practice.

10.  recognising research organisations for the purpose of concluding hosting agreements in accordance with section 18d; an advisory board assists the Federal Office for Migration and Refugees in carrying out its tasks related to the migration of researchers and the immigration of skilled workers;

3.  a foreigners authority intends to expel a foreigner who is exempted from the requirement for a residence title by virtue of belonging to a consular or diplomatic mission.

are granted an EU Blue Card in derogation from sentence 1 with the approval of the Federal Employment Agency if their salary is at least 45.3 per cent of the annual earnings ceiling of the general pension scheme. The requirements of section 18 (2) no. 3 are deemed to have been met if the skilled worker holds a temporary residence permit pursuant to section 18b and the same authorisation to work in an occupation is required for employment in the occupation with the EU Blue Card as for the temporary residence permit pursuant to section 18b. The requirements of section 18 (2) no. 4 are deemed to have been met if the skilled worker holds a temporary residence permit pursuant to section 18b and presented the same higher education qualification to be granted the residence permit that is required for the EU Blue Card. Sentences 1 to 4 apply accordingly to skilled workers who have successfully completed a programme of tertiary education which is equivalent to a higher education degree and takes at least three years of training to complete, if this qualification corresponds to the level of training that in the Federal Republic of Germany is classified as at least Level 6 of the International Standard Classification of Education (ISCED 2011) or Level 6 of the European Qualifications Framework.

4.  to exempt those foreigners from the passport requirement who enter the federal territory in connection with rescue operations and the provision of assistance in case of disasters,

(2) Custody to secure departure is enforced in the transit area of an airport or in accommodation from which the foreigner’s subsequent departure is possible.

(1) The foreigners authorities and all other public or private bodies which carry out publicly funded measures to promote return and reintegration or conduct such measures as commissioned by public sector bodies or receive the necessary application collect personal data to the extent that the data are necessary for the purposes listed in sentence 2. The data are collected

a)  has furnished false or incomplete information in order to obtain a German residence title, a Schengen visa, an airport transit visa, a passport substitute, eligibility for exemption from the passport requirement or the suspension of deportation or,

a)  has been incontestably sentenced to a prison term of at least one year for one or more intentionally committed offences,

(7) If the foreigners authority has concrete grounds to suspect that the foreigner was the victim of a criminal offence as referred to in section 25 (4a) sentence 1 or section 25 (4b) sentence 1, in derogation from subsection (1) sentence 1, the foreigners authority sets a period for departure which will allow the foreigner sufficient time to decide whether he or she is prepared to testify in accordance with section 25 (4a) sentence 2 no. 3 or section 25 (4b) sentence 2 no. 2. A period of at least three months will be allowed for departure. The foreigners authority may refrain from setting a period for departure pursuant to sentence 1 or may annul or reduce the period for departure, if

(2) A minor’s lack of legal capacity does not keep him or her from being denied entry or removed. The same applies to the notice of intention to deport and subsequent deportation to the country of origin, if his or her legal representative is not resident in the federal territory or the latter’s whereabouts in the federal territory are unknown.

2.  without being excused, the foreigner fails to appear for an interview or a medical examination pursuant to section 82 (4) sentence 1 at the place specified by the foreigners authority, if the foreigner was informed when notified of the appointment that he or she could be taken into custody for failure to appear,

5.  the requirements of section 9 (2) sentence 1 nos. 2, and 4 to 6, 8 and 9 are met; section 9 (2) sentences 2 to 4 and 6 applies accordingly.

3.  the foreigner constitutes a significant threat to the life and limb of others or to significant legally protected internal security interests,

(3) In the case of cohabiting spouses, it suffices if one spouse fulfils the requirements of subsection (2) sentence 1 nos. 3, 5 and 6. The requirement in accordance with subsection (2), sentence 1 no. 3 is waived if the foreigner is in education or training which leads to a recognised school, vocational or higher education qualification. Sentence 1 applies accordingly in the cases of section 26 (4).

The photograph and the fingerprints may be incorporated into documents pursuant to sentence 1 and processed and used by the competent authorities to document and subsequently establish the foreigner’s identity.

(7) Temporary suspension of deportation as referred to in subsection (1) sentence 1 may be granted without regard to subsection (2) no. 3 if the foreigner has taken the necessary and reasonable measures to verify his or her identity.

(5) The Federal Office for Migration and Refugees denies the foreigner entry and residence pursuant to sections 16c or 18e if

2.  insolvency proceedings have been instituted against the host entity’s assets aiming to wind up the entity and its business,

(5) Foreigners may only be employed or commissioned to perform other paid work or services if they possess a residence title and if there is no relevant ban or restriction. Foreigners not holding a residence title may only be employed under the terms of subsection (4). Anyone employing a foreigner in the federal territory must

(4) At least by the time they are granted the temporary residence permit, foreigners are to be informed of the requirements for granting a temporary residence permit pursuant to section 25b and, if the foreigner is not yet 27 years old, pursuant to section 25a. When providing this information, the foreigners authorities are, as a general rule, to describe specific obligations which the foreigners can reasonably be expected to fulfil.

(1) The foreigners authority may take measures to facilitate the departure of a foreigner who is enforceably required to leave the federal territory; in particular, it may oblige the foreigner to take up residence at a place of its designation.

(1) A foreigner who possesses a valid EU Blue Card granted by another member state of the European Union and has legally resided in that member state for at least 12 months by virtue of that EU Blue Card is granted an EU Blue Card pursuant to section 18g if the requirements of section 18g are met. The requirement stipulated in section 18 (2) no. 4 is deemed to be met unless

3.  incites another person to commit or assists that person in committing an act referred to in section 9 (1) of the Act on the General Freedom of Movement for EU Citizens (Freizügigkeitsgesetz/EU) and receives a pecuniary advantage or the promise of a pecuniary advantage in return.

(1) A residence title to take up employment is granted subject to approval from the Federal Employment Agency, unless approval is not required by law, on the basis of the Ordinance on the Employment of Foreigners or an inter-governmental agreement. Approval may be granted if it is determined by law, on the basis of the Ordinance on the Employment of Foreigners or an inter-governmental agreement.

b)  before applying for a temporary suspension of deportation for the purpose of training, but no later than 30 June 2020, if the foreigner entered the federal territory after 1 January 2017 and before 1 January 2020; or

(6) As a general rule, a temporary residence permit pursuant to section 38a is to be revoked if the foreigner loses his or her legal status as a long-term resident in another member state of the European Union.

Proof of knowledge of the language needed for the specific course of studies is only required if the foreigner’s knowledge of the language has not been tested in the decision on acceptance and language acquisition is not the aim of the preparatory measures for the course of study.

3.  is involved in violent activities in the pursuit of political or religious objectives or calls publicly for the use of violence or threatens the use of violence or

(5) Opportunity cards are granted for an initial period of up to one year (opportunity card for job searches, Such-Chancenkarte). The opportunity card may be extended by up to two years on account of an application filed during a stay under sentence 1, if the foreigner has an employment contract or a binding job offer for skilled employment in Germany and the Federal Employment Agency has given its consent (follow-up opportunity card, Folge-Chancenkarte). A follow-up opportunity card is only granted if the foreigner does not meet the requirements of other types of residence permits under Division 4. As long as the decision on the extension is pending, section 81 (4) applies to the extension of a follow-up opportunity card and the future employment, with the proviso that the foreigner concerned may only engage in the future employment referred to in sentence 2. Subsection (2) does not apply to the follow-up opportunity card.

The approval may be revoked and the work permit from the Federal Employment Agency withdrawn if the foreigner is employed on less favourable terms than comparable German nationals or the conditions stipulated in section 40 are met.

(2) Notwithstanding their suspensive effect, an objection or legal action does not alter the operative effect of an expulsion or any other administrative act terminating lawful residence. For purposes pertaining to admission or the pursuit of an economic activity, the residence title is deemed to remain in force until the deadline for raising an objection or instituting legal action expires, during judicial proceedings concerning a permissible application for the institution or restoration of suspensive effect or for as long as the submitted legal remedy has a suspensive effect. The lawfulness of residence is not interrupted if the administrative act is revoked by an official decision or by an incontestable court ruling.

As a general rule, a geographic restriction to the district of the foreigners authority is to be ordered if the foreigner brought about the obstacle to deportation by intentionally furnishing false information or by own deceit concerning his or her identity or nationality, or if he or she fails to meet reasonable requirements to cooperate in removing obstacles to departure.

c)  to oblige foreigners authorities and diplomatic missions abroad to notify the authority responsible for granting recognition as to any findings on recognised research organisations which might provide grounds for revoking the recognition of said organisations,

3.  personal capital on the part of the foreigner or a loan undertaking is available to realise the business idea. Assessment of the conditions in sentence 1 focuses in particular on the viability of the business idea on which the application is based, the foreigner’s entrepreneurial experience, the level of capital investment, the effects on the employment and training situation and the contribution to innovation and research. The competent bodies for the planned business location, the competent trade and industry authorities, the representative bodies for public-sector occupational groups and the competent authorities regulating admission to the occupation concerned are to be involved in examining the application.

1.  the foreigner has been issued with a valid passport or passport substitute and granted a residence title by the foreigners authority,

If the objection is successful, the fee is to be deducted from the fee for the individually attributable public service to be performed and the remainder is to be refunded.

(1) A foreigner is granted a temporary residence permit for the purpose of participating in a European voluntary service scheme pursuant to Directive 2016/801/EU, if the Federal Employment Agency has granted approval in accordance with section 39 or it has been determined on the basis of the Ordinance on the Employment of Foreigners or by intergovernmental agreement that participation in the European voluntary service scheme is permissible without approval from the Federal Employment Agency and the foreigner provides an agreement with the host entity containing the following information:

5.  incites others to hatred against segments of the population; this is assumed to be the case where the foreigner exerts a targeted and lasting influence on other persons in order to incite or increase hatred against members of certain ethnic groups or religions, or he or she publicly, in a meeting or by disseminating writings in a manner which is suited to disturbing public safety and law and order,

6.  to safeguard the rights of freedom of movement of EU citizens and to submit proposals on further arrangements to safeguard such rights;

j)  the obligations of foreigners residing in the federal territory with regard to applications for new documents and the issuance, extension, loss, recovery, presentation and surrender of documents pursuant to section 78,

(4) An exceptional visa within the meaning of section 14 (2) is granted as a visa within the meaning of subsection (1) no. 1 or subsection (3).

(6) Subsections (3) and (4) apply accordingly to work permits granted by the Federal Employment Agency. In all other cases, the legal provisions governing the approval by the Federal Employment Agency apply to the work permit in the absence of any law or statutory instrument to the contrary. The Federal Employment Agency may determine demand-oriented admission figures with regard to approving a residence title for seasonal work and for short-term employment subject to quotas and with regard to approving a seasonal work permit and a work permit for short-term employment subject to quotas.

(3) On the basis of a request for information pursuant to subsection (1), the commercial providers of telecommunication services or those involved in the provision of such services must immediately transmit the data necessary to provide the information. Section 23 (1) of the Judicial Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetz) applies accordingly to compensation paid to service providers.

2.  appear in person at the authorities of the country of origin, participate in interviews, provide photos as requested and provide fingerprints, information or explanations as required by the legal and administrative practice of the country of origin, and take all other actions required by the legal and administrative practice there, as long as these are not unreasonable;

(4) A foreigner who is not, or is no longer, entitled to take an integration course may be allowed to do so if space is available in the course concerned. This provision applies accordingly to German nationals who do not have a sufficient command of the German language and have special integration needs, as well as to foreigners

2.  Schools, universities and educational institutions providing vocational training, and other institutions providing basic or advanced further training.

(1) The individual interest in remaining in the federal territory (Bleibeinteresse) within the meaning of section 53 (1) is particularly serious where the foreigner

(17) Section 44a (1) sentence 1 no. 2 and sentence 3 and section 45a (2) sentence 1 in the version valid until 30 June 2023 is to continue to be applied to persons who have concluded an admission agreement by 30 June 2023 under section 15 of Book Two of the Social Code in the version valid up to that time until the first cooperation plan is prepared under section 15 of Book Two of the Social Code in the version valid from 1 July 2023 and by 31 December 2023 at the latest.

A manager within the meaning of this Act is a person holding a senior position, who primarily directs the management of the host entity, receiving general supervision or guidance principally from the board of directors or shareholders of the business or equivalent. This position includes directing the host entity or a department or subdivision of the host entity; supervising and monitoring work of the other supervisory, professional or managerial employees; and having the authority to recommend hiring, dismissing or other personnel action. A specialist within the meaning of this Act is a person who possesses specialised knowledge essential to the host entity's areas of activity, techniques or management, a high level of qualification and appropriate professional experience.

(10) The temporary residence permit is granted in derogation from section 5 (2) and section 10 (3) sentence 1. Section 5 no. 1a does not apply. For as long as the foreigner receives educational and training assistance in accordance with Book Three of the Social Code, claiming pubic benefits for the purpose of ensuring his or her subsistence does not preclude the granting of the temporary residence permit. The temporary residence permit pursuant to subsection (1) in conjunction with subsection (5) is granted in derogation from section 5 (1) no. 1. Section 3 may be disregarded in the cases referred to in subsection (6).

(9) The local court in whose district the competent authority within the meaning of subsection (3) is located is responsible for judicial orders pursuant to subsection (1). The provisions of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction apply to the procedure accordingly.

in the cases covered by nos. 1 and 2 and in case of any other actions punishable under this Act, the competent police authority may be notified instead of the foreigners authority, if one of the measures specified in section 71 (5) is possible; the police authority immediately notifies the foreigners authority. As a rule, public bodies are to notify the competent foreigners authority immediately if, in discharging their duties, they become aware of special integration needs within the meaning of a statutory instrument enacted under section 43 (4). In addition to the cases regulated in sentence 1, the bodies responsible for benefits under Book Two or Book Twelve of the Social Code are required to notify the foreigners authority if a foreigner holding a temporary residence permit under Chapter 2 Divisions 3 or 4 applies for such benefits for him- or herself or for family members. The diplomatic missions abroad transmit to the competent foreigners authority personal data on a foreigner which is suitable for establishing the latter’s identity or nationality, should they become aware that such data may be of current significance in enforcing the foreigner’s enforceable obligation to leave the federal territory.

2.  previous periods of residence in the federal territory with a temporary residence permit, permanent settlement permit or EU long-term residence permit, where the foreigner was in possession of a permanent settlement permit or an EU long-term residence permit at the time of leaving the federal territory and the permanent settlement permit or the EU long-term residence permit has expired solely on account of residence outside of member states of the European Union or due to acquisition of the legal status of long-term residence in another member state of the European Union, up to a maximum of four years,

(10) If the holder of an EU Blue Card issued by another member state of the European Union has international protection status in the Federal Republic of Germany within the meaning of section 2 (13), the Federal Office for Migration and Refugees will ask the competent body of the other member state of the European Union to include in the EU Blue Card issued in that member state the information that the Federal Republic of Germany has granted this person international protection status.

(9) On request, the Federal Office for Migration and Refugees informs the competent authorities of the other member states of the European Union within one month of receiving the inquiry whether a foreigner continues to have international protection status in the Federal Republic of Germany in order to enable them to check whether the requirements of Article 9 (5) or Article 23 (5) of Directive (EU) 2021/1883 are met.

(1) In derogation from section 4 (1), holders of a valid EU Blue Card issued by another member state of the European Union do not need a residence title or a work permit from the Federal Employment Agency to enter and stay for the purpose of conducting business activities which are directly related to their obligations stated in the work contract on the basis of which the EU Blue Card was granted if their stay does not exceed 90 days within a 180-day period. If the EU Blue Card was issued by a member state of the European Union that is not a Schengen state, in addition to the EU Blue Card, the foreigner must have evidence of the business purpose of the stay and present it on request during the border check.

g)  the requirements pertaining to the technical systems and components to be employed to record the photograph and fingerprints electronically, to ensure the quality thereof and to transfer the application data from the foreigners authority to the producer of the documents, as well as the procedure to check compliance with these requirements,

(1) A foreigner may be granted a temporary residence permit to seek a training place in order to pursue quality vocational training, if

2.  the foreigner has been enrolled in a preparatory language course, without having been accepted for a course of study by a state or state-recognised university or a comparable educational institution, or

(8) After the vocational training has been completed successfully, a temporary residence permit for two years is to be granted for employment commensurate to the vocational qualification acquired with approval from the Federal Employment Agency if the requirements of section 19d (1) nos. 2, 3, 6 and 7 are met. The residence permit entitles the holder to take up any employment after he or she has been in an employed position commensurate with his or her vocational qualification for a period of two years.

a)  was resident abroad on account of having been sent to a foreign country in connection with his or her work, provided that such individual periods have not exceeded six months or a longer period stipulated by the foreigners authority pursuant to section 51 (1), no. 7, or

(12a) Vocational qualification in a state-recognised or similarly regulated occupation lasting at least two years as determined by federal or state provisions constitutes quality vocational training within the meaning of this Act.

5.  in contravention of section 82 (6) sentence 1, also in conjunction with section 60d (3) sentence 4, fails to provide notification on time or at all.

(3) Deportation bans and the grounds listed in subsection (1) sentence 1 for the temporary suspension of deportation are no obstacle to issuing a deportation warning if the foreigner is required to leave the country because of or following a criminal conviction or is the subject of a pending extradition procedure. The state to which the foreigner may not be deported is to be specified in the deportation warning. If the administrative court establishes the existence of a deportation ban, the lawfulness of the deportation warning otherwise remains unaffected.

Other family members’ contributions to household income are taken into account when issuing or renewing a temporary residence permit allowing the subsequent immigration of dependants. For the purpose of issuing a temporary residence permit in accordance with sections 16a to 16c, 16e and 16f, excluding participants in language courses not in preparation for a course of study, the subsistence of foreigners is deemed to be secure if they have funds in the amount of the monthly requirement as determined pursuant to sections 13 and 13a (1) of the Federal Training Assistance Act, and for the purpose of issuing a temporary residence permit in accordance with section 16g if they have funds in the amount of the monthly requirement as determined pursuant to section 12 of the Federal Training Assistance Act. For the purpose of issuing a temporary residence permit in accordance with sections 16d, 16f (1) for participants in language courses not in preparation for a course of study, and in accordance with section 17, the subsistence of foreigners is deemed to be secure if they have funds as determined in sentence 5 plus an additional 10 per cent of said funds. The Federal Ministry of the Interior, Building and Community announces the minimum amounts defined in sentence 5 in the Federal Law Gazette for each calendar year by 31 August for the following year.

(3) If a foreigner who is dependent on social welfare and who has been issued a temporary residence permit in accordance with subsection (1) relocates to the area of responsibility of another institution, the social welfare institution in whose area of responsibility a foreigners authority has issued the temporary residence permit is required to reimburse the costs incurred by the local social welfare institution which now bears responsibility for the foreigner concerned for a maximum of three years from the date the temporary residence permit was issued. The same applies accordingly to the subsistence payments stipulated in section 6 (1) sentence 1 no. 2 of Book Two of the Social Code.

(2) The procedure in connection with the deprivation of liberty is determined by Book Seven of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit) unless otherwise provided for in this Act. If it is necessary to make a decision on the duration of custody awaiting deportation or detention pending exit from the federal territory, the local court of first instance may assign the proceedings by virtue of an incontestable ruling to the court in whose district the foreigner is being held in custody awaiting deportation or in detention pending exit from the federal territory.

(2) The temporary residence permit is to be subject to a time limit which takes due account of the intended purpose of residence. If a vital prerequisite for granting or extending the residence permit or for determining its duration ceases to apply, it is also possible to reduce the length of validity.

(3a) The Federal Ministry of the Interior, Building and Community is authorised to stipulate, by statutory instrument issued in agreement with the Federal Foreign Office and without the approval of the Bundesrat, and in accordance with Article 3 (2) of Regulation (EC) No 810/2009, the states whose nationals must be in possession of an airport transit visa to pass through the international transit areas of German airports.

(5a) In the cases of subsections (3) and (4), the economic activity described in the future residence title for residence pursuant to Chapter 2 Divisions 3 and 4 is deemed to be permitted from the time the document is requested until it is handed over in accordance with section 78 (1) sentence 1. The permission to pursue an economic activity pursuant to sentence 1 is to be included in the certificate referred to in subsection (5).

(6) The public prosecutor’s office responsible for the criminal proceedings referred to in section 25 (4a) or (4b) or the criminal court concerned with such proceedings is to be consulted before reaching a decision on issuing, extending or revoking a residence title pursuant to section 25 (4a) or (4b) and before setting, annulling or reducing a period allowed for leaving the country pursuant to section 59 (7), except in cases covered by section 87 (5) no. 1. If the foreigners authority does not yet know which public prosecutor’s office is responsible, the foreigners authority consults the police authority responsible for the place of residence before reaching a decision on setting, annulling or reducing a period allowed for leaving the country pursuant to section 59 (7).

(6) As a general rule, a foreigner, his or her spouse or civil partner and minor unmarried children living with the foreigner as a family unit who have held a card documenting suspended deportation under section 60d for 30 months, are to be granted a temporary residence permit in accordance with subsection (1) in derogation from the time limit referred to in subsection (1) sentence 2 no. 1, if the requirements of section 60d are met and the foreigner has an elementary oral command of the German language; if the foreigner had the possibility to attend an integration course, the temporary residence permit is granted on the further condition that the foreigner, the spouse or civil partner also have an elementary written command of the German language.

(6) The Federal Office for Migration and Refugees notifies the competent foreigners authority ex officio of the content of notifications from other member states of the European Union

1.  has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international instruments which have been drawn up for the purpose of establishing provisions regarding such crimes,

Subsection (2) sentences 2 to 6 applies accordingly. The granting of a permanent settlement permit under the conditions of subsection (3) remains unaffected.

(3) In less serious cases covered by subsection (1) sentence 1 or subsection (2), the penalty is imprisonment of no less than one year.

(5) The liability under subsections (3) and (4) does not apply if the contractor provides evidence that he or she was able to assume on the basis of due diligence that the employer did not employ any foreigner who lacks the authorisation for employment required pursuant to section 284 (1) of Book Three of the Social Code or the authorisation to pursue an economic activity required pursuant to section 4 (5).

(7) The statutory instrument pursuant to subsection (3) may provide for a processing fee to be charged for applications for individually attributable public services which are subject to fees. The fee for processing an application for a permanent settlement permit or an EU long-term residence permit may not exceed half the fee charged for issuing the permit. This fee is to be offset against the fee for the individually attributable public service. The fee will not be refunded if the application is withdrawn or if the individually attributable public service which is applied for is denied.

(1) An employer is required to pay the agreed remuneration to a foreigner whom he or she has employed and who lacks the authorisation for employment required pursuant to section 284 (1) of Book Three of the Social Code or the authorisation to pursue an economic activity required under section 4a (5). For the purpose of remuneration, it is assumed that the foreigner has been employed by the employer for three months.

–  surname, name at birth, given names, spelling of the names according to German law, marital status, date of birth, place and district of birth, sex, doctoral degree, nationalities,

Subsection (1) sentence 4 and subsection (2) apply accordingly. If the competent authority determines, after completing the procedure, that adaptation or compensation measures are necessary, the foreigner’s residence under subsection (1) or subsection (3) may continue provided the requirements specified there are met. The length of residence referred to in sentence 1 is not counted as part of the maximum period of residence referred to in subsection (1) and subsection (3).

(2) As a rule, the deportation warning is to specify the state to which the foreigner is to be deported and is to inform the foreigner that he or she may also be deported to another state which he or she is permitted to enter or which is obliged to admit him or her. Entities and territorial authorities as referred to in Annexes I and II of Regulation (EU) 2018/1806 have the same status as states.

(1b) Foreigners holding an EU long-term residence permit or having a corresponding legal status in another member state of the European Union and who are eligible for international protection in another member state of the European Union may only be deported to the state granting protection, except in the cases covered by section 60 (8) sentence 1. The same applies to foreigners who were holders of an EU Blue Card immediately before the obligation to leave the country arose and have been granted international protection in another member state of the European Union. Section 60 (2), (3), (5) and (7) remains unaffected.

3.  the foreigner has paid compulsory or voluntary contributions into the statutory pension scheme for at least 60 months or furnishes evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company; time off for the purposes of child care or nursing at home are to be duly taken into account,

Information about the scope of funding and the reasons for it must also be collected. The data are to be retained for no longer than 10 years.

(5) An obligation imposed or allocation made pursuant to subsections (1) to (4) is to be revoked upon application by the foreigner

The foreigners authority or a body authorised by it informs the foreigner of the applicable arrangements, programmes and measures for victims of criminal offences referred to in section 25 (4a) sentence 1.

(3) The temporary residence permit may be granted in derogation from section 10 (3) sentence 2. The temporary residence permit is deemed a residence title in accordance with Chapter 2 Division 5. It is granted with a validity of 18 months and cannot be renewed. During residence as referred to in sentence 3, only a temporary residence permit pursuant to section 25a or 25b may be granted. An application for a residence title other than one pursuant to section 25a or 25b does not have the effect referred to in section 81 (4).

Further, the Federal Ministry of the Interior, Building and Community is authorised to issue statutory instruments with the approval of the Bundesrat to stipulate details of the procedure to check compliance with the requirements under section 34 sentence 1 no. 4 of the Act on Identity Cards and details pertaining to the electronic proof of identity under sections 34 sentence 1 nos. 5 to 8a and sentence 3 of the Act on Identity Cards.

(3) A foreigner who has a temporary residence permit in accordance with section 25 (1) or (2) sentence 1 first alternative is to be granted a permanent settlement permit if

4.  any of the conditions listed in section 19d (1) no. 6 or 7 applies, or the foreigner is subject to an expulsion order or a deportation order pursuant to section 58a, or

c)  has been incontestably sentenced to youth custody for at least one year for one or more intentionally committed offences and enforcement of the penalty has not been suspended on probation, or

2.  they scored enough points related to the features required by section 20b (1) as listed in the table annexed to this act.

A trainee employee within the meaning of this Act is a person with a higher education qualification completing a traineeship for career development purposes or in order to obtain training in business techniques or methods, and is paid during the transfer.

2.  occupations and conditions for which the Federal Employment Agency may grant approval for skilled work under section 19c (2), irrespective of the foreigner’s qualification as a skilled worker, and

(4) The space which is required to accommodate a person in need of accommodation in state-subsidised welfare housing constitutes sufficient living space. Living space is not sufficient if it does not comply with the statutory provisions for Germans with regard to condition and occupancy. Children up to the age of two are not counted when calculating the sufficient living space for the accommodation of families.

5.  cooperating with the administrative authorities of the member states of the European Union as the National Contact Point and competent authority pursuant to Article 27 of Directive 2001/55/EC, Article 25 of Directive 2003/109/EC, Article 28 of Directive (EU) 2021/1883, Article 26 of Directive 2014/66/EU and Article 37 of Directive (EU) 2016/801, and for notifications pursuant to section 51 (8a);

3.  unlawfully use violence as a means of enforcing international political or religious interests or support or prepare such use of violence or intentionally incite others to use violence by means of their activities, in particular through advocating such use of violence, or

(2) In the case of foreigners in possession of a temporary residence permit or a residence title for exceptional circumstances prior to 1 January 2005, for the purposes of the decision on granting a permanent settlement permit or an EU long-term residence permit it is sufficient with regard to their knowledge of the language if they are able to communicate verbally in the German language at a basic level. Section 9 (2) sentence 1 nos. 3 and 8 do not apply.

(4) As a rule, a longer period is granted in accordance with subsection (1) no. 7 if the foreigner intends to leave the federal territory for reasons of a temporary nature and possesses a permanent settlement permit, or if the stay outside of the federal territory serves the interests of the Federal Republic of Germany. In derogation from subsection (1) nos. 6 and 7, a foreigner’s residence title does not expire if the foreigner meets the requirements of section 37 (1) sentence 1 no. 1, if the foreigner was unlawfully forced into marriage by means of violence or threat of serious harm and was prevented from returning to Germany, and re-enters the federal territory no more than three months after the coercive situation ended and no later than 10 years after leaving the federal territory.

The application for a residence title pursuant to sentence 1 must be filed within six months of becoming aware of the loss of German nationality. Section 81 (3) applies accordingly.

(3) The temporary residence permit pursuant to subsections (1) and (2) only entitles the foreigner to pursue employment of up to 20 hours per week and to pursue probationary employment for up to two weeks. As a general rule, foreigners staying in Germany pursuant to subsections (1) and (2) are to be granted a temporary residence permit for another purpose of residence only in accordance with sections 16a, 16b or 19c (2) or if they are legally entitled to one.

7.  initiate an inspection of the technical devices kept by the person concerned as to whether they are working or have been tampered with, and the measures to address any functional impairments, in particular the exchange of technical devices or parts thereof,

(4) The foreigner and the host research organisation are required to inform the foreigners authority of any changes to the requirements stipulated in subsection (1).

In cases of obvious fraud, temporary suspension of deportation for the purpose of training may be denied. In the case of sentence 1, an employment permit is to be granted.

(1) As a general rule, foreigners whose deportation has been suspended are to be granted a temporary residence permit for the purpose of employment commensurate with their vocational qualification, if the foreigner

c)  was convicted of a criminal offence intentionally committed in the federal territory, not counting fines totalling up to 50 day fines, or

(2) The requirements of section 5 (1) no. 1 and subsection (1) no. 2 may be waived in the case of the spouse and the minor unmarried child of a foreigner who possesses a temporary residence permit in accordance with section 23 (4), section 25 (1) or (2), a permanent settlement permit in accordance with section 26 (3) or a permanent settlement permit in accordance with section 26 (4) after being granted a temporary residence permit in accordance with section 25 (2) sentence 1 second alternative. In the cases covered by sentence 1, these conditions are to be waived where

(11a) Good command of the German language corresponds to Level B2 of the Common European Framework of Reference for Languages.

(1) A foreigner who is apprehended in conjunction with unlawful entry into the federal territory across a border within the meaning of Article 2 no. 2 of Regulation (EU) 2016/399 (external border) is, as a general rule, to be removed from the federal territory.

(6) A foreigner who will be or has been granted a temporary residence permit for another purpose may be permitted to pursue self-employment while retaining the aforesaid purpose of residence, if the permits required pursuant to other provisions have been issued or the authorities have indicated that such permits will be issued.

5.  transmit data on the location of the person concerned to the competent police or law enforcement authorities if necessary to prevent or prosecute a criminal offence referred to in subsection (4) no. 5,

(4) After the deportation order has been announced, foreigners are to be given an opportunity to contact a legal adviser of their choice without delay, unless they have secured the services of a lawyer beforehand; foreigners are to be informed of this entitlement, of the legal consequences of the deportation order and the available legal remedies. An application for temporary relief pursuant to the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung) must be filed within seven days of announcement of the deportation order. Deportation may not be enforced until the period referred to in sentence 2 has expired and, if an application for temporary relief is filed in time, until the court has decided on said application.

11.  if they have resided lawfully in the federal territory for a continuous period of at least six months in the last five years; minor interruptions have no negative consequences provided that, overall, the person’s place of residence can be deemed to have mainly been in Germany, and

(14) Insofar as Article 28 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for ascertaining which member state is responsible for examining an application for international protection lodged in one of the member states by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31) concerning detention for the purpose of transfer is relevant, section 62 (3) no. 4 and (3a) applies accordingly as regards the refutable presumption of the risk of the foreigner absconding within the meaning of Article 2 (n) of Regulation (EU) No 604/2013 and section 62 (3b) nos. 1 to 5 applies accordingly as objective criteria for presuming that there is a risk of the foreigner absconding within the meaning of Article 2 (n) of Regulation (EU) No 604/2013; in all other cases, Article 28 (2) remains relevant within the scope of Regulation (EU) No 604/2013. Furthermore, indications of the risk of absconding may exist if:

(3) The foreigners authority collects and stores, with the help of the technical devices the foreigner carries and in an automated manner, data on

1.  every day on which the working time does not exceed four hours may be counted for the working day account as one-half working day, otherwise as a full working day, or

2a.  the foreigner only possesses a Schengen visa or is exempted from the visa requirement for a short-term stay and intends to pursue an economic activity in breach of section 4a (1), sentence 2, or

3.  they have paid compulsory or voluntary contributions into the statutory pension insurance scheme for at least 36 months or furnish evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company, and

(1) Permission to enter the federal territory (section 11 (8)) may only be granted with the consent of the foreigners authority responsible for the intended place of residence. As a rule, the authority which has expelled, removed or deported the foreigner must be consulted.

(1a) Subsection (1) applies accordingly to the processing of data resulting from the asylum procedure conducted at the Federal Office for Migration and Refugees as far as necessary to take a decision on whether to admit a foreigner to an integration course. This also applies accordingly to the processing of data taken from the Central Register of Foreigners in order to ascertain the conditions under section 44 (4) sentence 2 in the context of deciding whether to admit a foreigner to an integration course.

In the case of cohabiting spouses, it suffices if one spouse if the fulfils the requirements of sentence 1, no. 4. With regard to the contributions or provisions which are necessary pursuant to sentence 1, no. 2, no higher contributions or provisions are required than the ones stipulated in section 9 (2), sentence 1, no. 3.

2.  the foreigner has been sentenced to a term of youth custody of at least six months or a prison term of at least three months or a fine of at least 90 daily rates in the past three years due to an intentionally committed offence, or if a term of youth custody has been suspended or

3.  the spouse’s need for integration is discernibly minimal within the meaning of a statutory instrument issued pursuant to section 43 (4) or the spouse would, for other reasons, not be eligible for an integration course pursuant to section 44 after entering the federal territory,

6.  the spouse is unable or cannot reasonably be expected to undertake efforts to acquire a basic command of the German language before entering the country due to the specific circumstances of the individual case, or

(3) In case of doubt regarding the foreigner’s identity, age or nationality, the measures necessary to establish the foreigner's identity, age or nationality are to be taken

(3) In derogation from section 9 (2) sentence 1 nos. 3, 5 and 6 the spouse is also to be granted a permanent settlement permit if the spouse’s subsistence is ensured after the termination of marital cohabitation by maintenance payments from the foreigner’s own funds and the foreigner possesses a permanent settlement permit or an EU long-term residence permit.

3.  they are nationals of a safe country of origin according to section 29a of the Asylum Act and an asylum application which they filed after 31 August 2015 has been denied or withdrawn, unless the application was withdrawn based on advising from the Federal Office for Migration and Refugees as referred to in section 24 (1) of the Asylum Act, or no asylum application was filed.

2.  a German scientific organisation or a German public body has granted them a scholarship from public funds which secures subsistence to prepare for starting a business.

(2) Foreigners who possess a right of residence in accordance with the EEC/Turkey Association Agreement are required to furnish evidence of a right of residence by possessing a temporary residence permit, unless they possess a permanent settlement permit or an EU long-term residence permit. Said residence permit is issued on application.

1.  has been subject to an incontestable fine of at least 2,500 euros under section 404 (2) no.3 of Book Three of the Social Code or

(1) Residence titles pursuant to section 4 (1) sentence 2 nos. 2 to 4 are issued as stand-alone documents with an electronic storage and processing medium. Upon application, temporary residence permits to be issued in accordance with the Agreement between the European Community and its member states, of the one part, and the Swiss Confederation, of the other, on the free movement of persons of 21 June 1999 (OJ L 114, 30.4.2002, p. 6) are issued as documents with an electronic storage and processing medium. Documents referred to in sentences 1 and 2 contain the following visibly displayed items of information:

2.  the foreigner’s subsistence and the subsistence of the dependants whom the foreigner is required to support is ensured by a fixed and regular income,

1.  if the foreigner intends to enter or has entered the federal territory with a forged or falsified passport or passport substitute;

(1a) The Federal Government may determine, on the basis of the Ordinance on the Employment of Foreigners with the approval of the Bundesrat, that the Federal Employment Agency may, given specific conditions, approve the employment of nationals of specific states.

(4a) The identity of a foreigner who applies for a temporary residence permit under section 24 and is aged 14 or older is to be verified by means of identification measures. The identity of foreigners referred to in sentence 1 who are at least six but not yet 14 years old is, as a general rule, to be verified by means of identification measures.

(1) If marital cohabitation ends, the spouse’s temporary residence permit is extended by one year as an independent right of residence unrelated to the purpose of the subsequent immigration of dependants if

b)  authorities concerned with matters of nationality and certifying authorities under section 15 of the Federal Expellees Act,

2.  fails to provide notification, provides incorrect notification or fails to provide notification on time in contravention of section 4a (5) sentence 3 no. 3 or section 19a (1) sentences 2 or 3,

2.  transmit data on the location of the person concerned to the competent authorities, insofar as this is necessary to enforce measures pursuant to subsection (4) no. 1,

1.  to carry the technical devices necessary to permanently monitor their location at all times, keep the devices ready for service, and

2.  they have not been convicted of an offence intentionally committed in the federal territory; fines totalling up to 50 daily rates or up to 90 daily rates in the case of offences which, in accordance with the Residence Act or the Asylum Act, can only be committed by foreigners are to be ignored as a general principle, as are convictions under juvenile criminal law that do not order juvenile detention.

An administrative act denying a residence title or invalidating a residence title is to be accompanied by an explanation, as are decisions on applications for time limits to be applied in accordance with section 11 (1) sentence 3. The explanation informs the foreigner as to the legal remedy available in order to challenge the administrative act, the body with which the corresponding appeal is to be lodged and the deadline to be observed; in other cases the deportation warning is to be included with the aforementioned explanation.

(4) In derogation from section 4a (3) sentence 4, a holder of an EU Blue Card does not need the permission of the foreigners authority to change jobs. During the first 12 months of employment, the competent foreigners authority may suspend all job changes by a holder of an EU Blue Card for 30 days and refuse job changes within this period if, following the job change, the requirements for granting an EU Blue Card are no longer met.

(7) If the foreigner’s identity is to be verified using identification measures in accordance with section 49 of this Act or section 16 of the Asylum Act, then a provisional residence document as referred to in subsection (5) may only be issued or a residence title may only be granted if the identification measures have been conducted and the data collected from the measure have been stored in the Central Register of Foreigners (Ausländerzentralregister).

b)  at a level which is comparable to a higher education qualification or qualification from a tertiary programme of education which is equivalent to higher education studies and fulfils all the requirements of subsection (1) sentence 5, and

(1) A nationwide advisory service will be set up starting 1 January 2026 to provide easily accessible advice on labour and social welfare law free of charge to third-country nationals. This service is intended for third-country nationals already residing in the federal territory as well as those who are ordinarily resident abroad and would like to work in the federal territory. Starting in calendar year 2026, advising, language courses, information about life in Germany and transnational assistance (pre-departure integration measures) may be offered in selected third countries. These services are intended for third-country nationals who are ordinarily resident abroad and would like to take up employment in the federal territory. The Federal Government website “Make it in Germany” will continue to be used to provide information for specific target groups on the need for skilled workers and on the immigration process in order to recruit skilled workers from third countries, and communications and support structures for recruiting skilled workers in the framework of “Make it in Germany” in Germany and abroad will be strengthened. The information, communications and support services are directed at employers in Germany and at third-country nationals already residing in the federal territory as well as those who are ordinarily resident abroad and would like to work in the federal territory.

b)  details concerning the procedure and the technical requirements for taking the digital photograph, assessing its authenticity and for quality assurance,

(1) Foreigners may enter or stay in the federal territory only if they possess a recognised and valid passport or passport substitute, unless they are exempt from the passport requirement by virtue of a statutory instrument. For the purpose of residence in the federal territory, possession of a substitute identity document also suffices in order to meet the passport requirement (section 48 (2)).

(10) More detailed provisions of the Länder concerning the content of subsections (5) to (9) remain unaffected. This applies accordingly to federal and Länder provisions concerning the regulatory content of subsection (4).

1.  students attending a state or state-recognised higher education institution and apprentices undergoing training in a recognised trade or in a government-sponsored pre-vocational training measure,

2.  incites another person to commit or assists that person in committing an act referred to in section 95 (1) no. 1 or no. 2, (1a) or (2) no. 1 (b) or no. 2 and receives a pecuniary advantage or the promise of a pecuniary advantage in return, or

1.  submit a current photograph in accordance with a statutory instrument enacted pursuant to section 99 (1) nos. 13 and 13a or to cooperate in the taking of such a photograph and

In the cases covered by sentence 1 nos. 1 to 4, entry and residence are to be denied no later than 20 days after the Federal Office for Migration and Refugees receives the complete information pursuant to subsection (1) sentence 1. In cases covered by sentence 1 no. 5, the foreigners authority may deny entry and residence at any time during the foreigner’s stay; section 73 (3c) applies accordingly. The foreigner and the competent authority of the other member state as well as the host entity in the other member state are to be informed of the denial. Where entry and residence are denied within the allotted time, the foreigner must cease the economic activity without delay; the exemption from the obligation to hold a residence title pursuant to subsection (1) sentence 1 ceases to exist.

1.  to promote the integration of migrants who are permanently resident in the federal territory and, in particular, to support the Federal Government in developing its integration policy, also with regard to aspects of labour market policy and social policy, and to provide ideas for the further development of integration policy in the European context;

(1) The claims for the costs specified in section 67 (1) and (2) become statute-barred six years after they become due for payment.

6.  the Central Foreigners Register number in cases covered by and subject to section 10 (4) sentence 2 no. 4 of the Act on the Central Register of Foreigners, so as to allow a clear identification of the person concerned.

6.  Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L 321, p. 26),

(4) The Federal Ministry of the Interior, Building and Community determines via general administrative provisions with due regard to the current security situation in which cases the authorisation pursuant to subsections (1) and (1a) are used with regard to nationals of particular states and persons belonging to groups defined by any other means. In the cases covered by subsection (1), this is done in agreement with the Federal Foreign Office.

4.  the foreigner’s recognition as a person entitled to asylum or his or her status as a refugee or as a person entitled to subsidiary protection lapses or becomes null and void, or

(2) In derogation from subsection (1), holders of an EU Blue Card are to be granted a permanent settlement permit if they have been employed in accordance with section 18g for at least 27 months and have paid mandatory or voluntary contributions to the statutory pension insurance scheme for that period, or if they furnish evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company and if the requirements of section 9 (2) sentence 1 nos. 2 and 4 to 6, 8 and 9 are met and if they have basic German language skills. Section 9 (2) sentences 2 to 4 and 6 applies accordingly. The period referred to in sentence 1 is reduced to 21 months if the foreigner has a sufficient command of the German language.

The foreigner is required to to obtain confirmation from a competent German authority that the foreigner fulfils the prerequisites of sentence 1 no. 1 (a) or (b). The temporary residence permit is granted for the first time for the length of time approved by the Federal Employment Agency but no longer than one year, and is extended up to a maximum period of residence of three years. After the maximum period of the temporary residence permit has expired, no residence permit may be granted pursuant to sections 16d and 19c (1) in conjunction with a provision of the Ordinance on the Employment of Foreigners for temporary employment. Section 9 does not apply. The temporary residence permit only entitles the holder to pursue employment under sentence 1, 2 or 3 no. 2 and to secondary employment of up to 20 hours per week.

9.  providing migration advising services pursuant to section 45 sentence 1, unless such services are provided by other bodies; it may enlist the services of private or public institutions to this end;

(2) The Federal Ministry of the Interior, Building and Community or a body designated by it may, in agreement with the Federal Ministry of Transport and Digital Infrastructure, prohibit a transport carrier from transporting foreigners into the federal territory in violation of subsection (1) and may threaten a fine in case of violation. Any objections or legal actions have no suspensive effect; the same also applies to the imposition of a fine.

12.  if the foreigner's spouse or registered civil partner meets the requirements for being granted an opportunity card, applies or has applied for an opportunity card at the same time as the foreigner, will enter or intends to enter Germany together with the foreigner, and if the foreigner refers in his or her application to the specific application filed or to be filed by the spouse or registered civil partner.

If the EU Blue Card is revoked, the residence title granted to the dependant must be revoked at the same time, unless the dependant has an independent entitlement to a residence title.

2.  evidence that the foreigner wishes to carry out part of the studies at an educational institution in the federal territory, because he or she is taking part in a Union or multilateral programme that comprises mobility measures or because he or she is covered by an agreement between two or more higher education institutions.

(3) A visa for the federal territory (national visa) is required for longer stays; this visa is granted before the foreigner enters the federal territory. It is issued on the basis of applicable provisions for a temporary residence permit, EU Blue Card, ICT Card, permanent settlement permit or EU long-term residence permit. The duration of lawful residence with a national visa is offset against the periods of possession of a temporary residence permit, EU Blue Card, permanent settlement permit or EU long-term residence permit.

(5) The exemption from the requirement to have a residence title does not apply if the foreigner is expelled, removed or deported; section 11 (2) to (5) applies accordingly.

(3) In order to promote their lasting integration into the way of life in the Federal Republic of Germany, foreigners who are subject to the obligation pursuant to subsection (1) may be required, within six months of being granted recognition or the or a temporary residence permit for the first time, but no later than the expiry of the period referred to in subsection (1), to take up residence in a specific place if this can help them

8.  if they possess an occupational qualification pursuant to section 20a (4) sentence 3 no. 1 for one of the occupations referred to in section 18g (1) sentence 2 no. 1,

The foreigner is to be brought before the court without delay for a ruling on the order for custody to secure departure.

3.  foreigners are to be granted a temporary residence permit, if they successfully completed quality vocational training in the federal territory as part of a stay under section 16a,

(6) The general risk that a foreigner may face prosecution and punishment in another state and, unless otherwise stipulated in subsections (2) to (5), the concrete threat of lawful punishment under the legal system of another state does not preclude deportation.

(5) Subsections (1), (3) and (4) also apply if approval from the Federal Employment Agency is required for employment in case of residence for other purposes covered in Divisions 3, 5 or 7.

1.  Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ L 149, p. 34),

4.  the party acknowledging paternity or the mother has been granted or promised a material benefit in return for acknowledging paternity or for approving the acknowledgement,

(3a) The temporary residence permit pursuant to subsection (1) only entitles the holder to pursue employment of up to 20 hours per week independent of the purpose referred to in subsection (1) for the duration of vocational training as specified in subsection (1).

(2) Before issuing or extending a residence title, temporarily suspending deportation or permitting residence pending the asylum decision, the foreigners authorities may transmit the personal data stored at their facilities on the persons concerned via the Federal Office of Administration to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counter-Intelligence Service, the Federal Criminal Police Office, the Federal Police, the Customs Criminological Office, the Land Office for the Protection of the Constitution, the Land Office of Criminal Police or the competent police authorities in order to ascertain any grounds for denial pursuant to section 5 (4) or in order to investigate any other security reservations. The Federal Office for the Protection of the Constitution may provide technical support for the transmission of data to the Land offices for the protection of the Constitution.

(1) The Federal Office for Migration and Refugees is the national contact point as referred to in Article 28 (1) of Directive (EU) 2021/1883.

1.  the whereabouts of a foreigner who does not possess a required residence title and whose deportation has not been suspended,

(2) A residence title which may be obtained after entering the federal territory in accordance with the statutory instrument under section 99 (1) no. 2 must be applied for immediately after entry or within the period stipulated in the statutory instrument. The application for a child born in the federal territory who is not to be granted a residence title ex officio is to be filed within six months of birth.

The foreigner is to be brought before the court without delay for a decision on the order for custody to secure deportation.

2.  has an elementary oral command of the German language corresponding to level A2 of the Common European Framework of Reference for Languages,

a)  specific information regarding the place and kind of work, remuneration as well as other terms and conditions of employment during the transfer, and

(6) A foreigner who has a temporary residence permit under section 104c is, as a general rule, only to be granted a temporary residence permit under subsection (1) if the requirements of section 5 (1) no. 1a are met. If the foreigner has undertaken the necessary and reasonable measures to verify his or her identity, the temporary residence permit may be granted in derogation from sentence 1.

(2) The period of possession of a residence title for exceptional purposes (Aufenthaltsbefugnis) or of a temporary suspension of deportation prior to 1 January 2005 counts towards the qualifying period for issuing a permanent settlement permit pursuant to section 26 (4).

5.  fails to furnish an item of information or furnishes incorrect or incomplete information in contravention of section 49 (2), where the offence is not punishable under subsection (2) no. 2,

(2) Processing the data obtained under section 49 (3) to (5) or (7) to (9) is also permitted to establish the foreigner’s identity or attribute evidence in the course of criminal prosecution or measures taken by the police to avert threats. These data may be transmitted or made available to the authorities responsible for these measures, to the extent and for the duration necessary.

(1d) A foreigner who is enforceably required to leave the federal territory and whose subsistence is not ensured is required to take up habitual residence at a specific place (residence restriction). Unless the foreigners authority has ordered otherwise, this is the place where the foreigner was residing when the decision to temporarily suspend deportation was taken. The foreigners authority may amend the residence restriction ex officio or at the foreigner's request; the household community of family members or other humanitarian grounds of comparable importance are to be taken into account. The foreigner may temporarily leave the place determined in the residence restriction without permission.

(1a) As soon as a foreigner whose habitual residence is determined by a distribution or allocation decision pursuant to Book Eight of the Social Code comes of age, subsection (1) is applied; the foreigner is required to reside in the Land to which he or she was allocated most recently. The period of the foreigner’s residence in the allocated Land until coming of age and after being granted asylum status, refugee status within the meaning of section 3 (1) of the Asylum Act or subsidiary protection status within the meaning of section 4 (1) of the Asylum Act or after being granted a residence title for the first time pursuant to section 22, section 23, section 24 (1) or section 25 (3) is counted towards the period stipulated in subsection (1) sentence 1.

As a general rule, a temporary residence permit pursuant to section 25 (4a) sentence 1 is to be revoked also if the foreigner has voluntarily re-established contact with the persons referred to in section 25 (4a) sentence 2 no. 2.

(4) The application is denied if it was filed at the same time as a notification in line with section 19a (1) sentence 1. Applications which were filed during the stay pursuant to section 19c, but not in their entirety at least 20 days prior to the end of this stay, are also denied.

(7) The national host entity is required to inform the competent foreigners authority without delay, as a rule within one week, of any changes to the conditions referred to in subsection (2).

3.  enters or leaves the federal territory outside of an approved border crossing point or outside of the stipulated traffic hours or fails to carry a passport or passport substitute with him or her in contravention of section 13 (1),

(2) On request, the Federal Office for Migration and Refugees furnishes the competent authority of another member state of the European Union with the necessary information in order to enable the competent authorities of the other member state of the European Union to verify whether the requirements for the foreigner’s mobility stipulated in Articles 28 to 31 of Directive 2016/801/EU are met. This information comprises

(1) In derogation from section 4 (1), a foreigner does not require a residence title for stays for study purposes not exceeding 360 days, if the host educational institution in the federal territory has notified the Federal Office for Migration and Refugees and the competent authority of the other member state that the foreigner intends to carry out part of the studies in the federal territory, submitting the following to the Federal Office for Migration and Refugees at the same time:

2.  is a school which is not or not primarily funded from public funds and prepares pupils for international qualifications, qualifications issued by other countries or state-recognised qualifications.

1.  a visa for the purpose of transit through the territory of the Schengen states or for planned stays in this territory of up to 90 days within a 180-day period (Schengen visa),

1.  serving as the main first point of contact for processing general and individual queries regarding entry and residence, in particular for the purpose of education, training and economic activity, including coordinating information for the competent authorities and institutions; this includes centrally responding to and recording individual queries regarding pending applications, recording and evaluating difficulties in the immigration process and providing information and structured reports for other ministries in order to develop joint proposals for optimising procedures;

2.  foreigners are granted a temporary residence permit, if they finished their research activities as part of a stay under sections 18d or 18f,

6.  after the period allowed for departure has expired, the foreigner has repeatedly violated an obligation specified in section 61 (1) sentence 1, subsection (1a), (1c) sentence 1 no. 3 or sentence 2, or has failed to comply with an obligation to secure and enforce the obligation to leave the country pursuant to section 61 (1e),

5.  verifying at the border whether transport carriers and other third parties have observed the provisions of this Act and the ordinances and orders enacted on the basis of this Act,

Sections 2a and 2b of the Act on Measures in Aid of Refugees Admitted under Humanitarian Relief Programmes in the version valid until 1 January 2005 continue to apply for persons who enjoy the status pursuant to articles 2 to 34 of the Convention relating to the Status of Refugees in accordance with section 1 of the Act on Measures in Aid of Refugees Admitted under Humanitarian Relief Programmes of 22 July 1980 (Federal Law Gazette I, p. 1057). Section 52 (1) sentence 1 no. 4 applies accordingly in such cases.

(6) In the event of a hit, the Federal Office of Administration ensures that the time of the security check, the particulars which enable the determination of the checked data sets, the result of the check, the forwarding of the data set and the processing of the data set for the purpose of data protection monitoring are logged. The log data are to be secured by means of suitable measures to prevent unauthorised access and are to be destroyed at the end of the calendar year which follows the year of their generation, unless they are needed for a monitoring procedure which has already been initiated.

3.  the foreigner provides a work contract valid for the duration of the transfer and, if necessary, an assignment letter stating

The foreigner is to be brought before the court without delay for a ruling on the order for custody referred to in subsection (1).

(3) If a foreigner who is legally resident in the federal territory and does not possess a residence title applies for a residence title, his or her residence is deemed to be permitted up to the time of the decision by the foreigners authority. If the application is filed too late, deportation is deemed to be suspended from the time of application up to the time of the decision by the foreigners authority.

2.  information on the foreigner’s identity and travel documents and on his or her EU Blue Card issued in the other member state of the European Union, and

(4) Subsection (3) does not apply if and for as long as the data are required in connection with criminal proceedings or to avert a threat to public safety or law and order.

2.  ex officio of the competent body or of any transfer of competence, where involvement in criminal proceedings pursuant to section 72 (6) has taken place or notification has been effected pursuant to no. 1.

1.  if they have a foreign occupational qualification for which the body responsible according to federal or Länder regulations for the recognition of occupational qualifications has determined that adaptation or compensation measures are necessary

1.  the foreigner meets the educational and linguistic requirements to take up a course of study or if they are to be met within the period of residence under sentence 2, and

4.  other data concerning the foreigner which may be stored in the Central Register of Foreigners or which originate from the foreigner’s file or the visa file, if the other member state of the European Union has requested them.

(2) The temporary residence permit is granted pursuant to subsection (1) on the condition that the foreigner’s subsistence is secured. In the cases covered by subsection (1) nos. 1 to 4, the temporary residence permit is granted for a period of up to 18 months. In the cases covered by subsection (1) no. 5, it is granted for a period of up to 12 months and may be extended once by up to six months if the foreigner’s subsistence is secured. It may not be extended beyond these maximum periods.

(1) In conducting integration courses, the foreigners authority, the Federal Employment Agency, the institution providing basic income support for jobseekers, institutions providing services under the Asylum Seekers Benefits Act, the Federal Office of Administration and private and public institutions authorised to conduct integration courses are permitted to transmit data relating to participants to the Federal Office for Migration and Refugees, in particular data confirming entitlement to attend, permission to attend pursuant to section 44 (4) and registration for and attendance of an integration course as far as necessary to grant permission or entitlement to attend the integration course, to verify proper participation, to verify the fulfilment of the obligation to attend in accordance with section 44a (1) sentence 1, to certify successful participation or to invoice and conduct integration courses. The private and public institutions authorised to conduct integration courses may inform the competent foreigners authority, the Federal Employment Agency, the competent institution providing basic income support for jobseekers or the competent institution providing services under the Asylum Seekers Benefits Act of the failure by a foreigner obliged to participate in an integration course under section 44a (1) sentence 1 to duly attend an integration course or a foreigner whose participation in an integration course is provided for by a cooperation plan pursuant to section 15 (2) of Book Two of the Social Code. On request, the Federal Office for Migration and Refugees may transmit the data transmitted pursuant to sentence 1 to foreigners authorities, the Federal Employment Agency, institutions providing basic income support for jobseekers or institutions providing services under the Asylum Seekers Benefits Act and nationality authorities as far as necessary to grant permission or entitlement to attend an integration course, to verify the fulfilment of the obligation to attend, to extend a temporary residence permit, to grant a permanent settlement permit or an EU long-term residence permit, to supervise the integration agreement in accordance with Book Two of the Social Code in the version valid until 30 June 2023 or the cooperation plan in accordance with Book Two of the Social Code in the version valid from 1 July 2023, to integrate the foreigner in the labour market, or to conduct the naturalisation procedure. Furthermore, the processing of these data by the Federal Office for Migration and Refugees is permissible only to conduct and invoice integration courses and to conduct a scientific research project in accordance with section 75 no. 4a under the conditions set out in section 8 (7) and (8) of the Ordinance on Integration Courses (Integrationskursverordnung).

(3) The fine imposed on the transport carrier is to be no less than 1,000 euros and no more than 5,000 euros for each foreigner transported in contravention of an order pursuant to subsection (2). The fine may be set and enforced by the Federal Ministry of the Interior, Building and Community or a body designated by it.

(3) If the foreigner has already made use of the option of long-term mobility pursuant to Article 21 of Directive (EU) 2021/1883 one or more times, the minimum length of legal residence in another member state of the European Union using a valid EU Blue Card issued by that member state is, in derogation from subsection (1) sentence 1, six months.

(3) The personnel and material resources required to perform the duties of the office are to be provided. The budget allocation is to be shown in a separate section of the individual plan of the supreme federal authority under subsection (2) sentence 1.

(2) The foreigner’s residence title is granted for the agreed duration of participation in the European voluntary service scheme, but not to exceed one year.

The same punishment is applicable to anyone who acts in favour of a foreigner who has not committed an intentional illegal act as referred to in sentence 1 no. 1 or no. 2.

c)  against sexual self-determination as referred to in sections 174, 176 to 178, 181a, 184b, 184d and 184e, each in conjunction with section 184b of the Criminal Code,

(10) As from 1 February 2016, section 73b (4) applies to persons concerned in accordance with section 73b (1) who pursue their activities as non-seconded employees of the Federal Foreign Office in a diplomatic mission abroad.

In the cases covered by sentence 1 no. 1 (a) the temporary residence permit is to be granted within 60 days of the application being made.

2.  the classification and the pay are commensurate to employment whose requirements lead to work in the desired occupation.

(2) The temporary residence permit referred to in subsection (1) also entitles the holder to pursue employment which is not restricted in terms of time and whose requirements are connected to the specialist skills needed in the later employment if the Federal Employment Agency has granted approval in accordance with section 39 or it has been determined pursuant to the Ordinance on the Employment of Foreigners that such employment is permissible without the approval of the Federal Employment Agency. Section 18 (2) no. 3 applies accordingly.

e)  the process for determining the member state responsible in accordance with Article 20 (1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 has been initiated.

(5) In order to ensure that a refusal of entry is effective where a ruling to refuse entry has been issued and cannot be enforced immediately, the foreigner concerned is, as a general rule, to be taken into custody (detention pending exit from the federal territory) by virtue of a judicial order. In all other cases, section 62 (4) applies accordingly. Subsection does not apply in cases in which the judge declines to issue a corresponding judicial order or to extend the period of detention.

(4) If a foreigner is married to several spouses at the same time and lives together with one spouse in the federal territory, no other spouse will be granted a temporary residence permit pursuant to subsection (1) or subsection (3).

2.  may be counter to the foreign policy interests of the Federal Republic of Germany or its obligations under international law,

If fingerprints are recorded in accordance with sentence 2 no. 9, they must be incorporated into the substitute identity document on the electronic storage and processing medium following encoding by means of security processes as required by Articles 24, 25 and 32 of Regulation (EU) 2016/679. The same applies where photographs are incorporated in electronic form. Subsections (2) and (3) apply accordingly. Section 78 (1) sentence 4 remains unaffected.

After the authority which stored the data on persons referred to in sentence 1 in the Counter-Terrorism Database has labelled these data, the Federal Criminal Police Office transfers the data to the special organisational unit at the Federal Office of Administration for the check against data referred to in subsection (1) sentences 1 and 2, and the data are stored there. Suitable technical and organisational measures as required by Articles 24, 25 and 32 of Regulation (EU) 2016/679 are to be taken to prevent unauthorised access to the content of the data sets.

(1) Custody awaiting deportation is not permitted if the purpose of the custody can be achieved by other, less severe means. Custody is to be limited to the shortest possible duration. Minors and families with minor children are not to be taken into custody awaiting deportation.

1.  the foreigner has possessed the EU Blue Card issued by the other member state of the European Union for less than two years, or

(1) For the purpose of recognising occupational qualifications which a foreigner has acquired abroad, a foreigner is to be granted a temporary residence permit to undertake a qualification measure and to take a subsequent examination, if a body responsible according to federal or Länder regulations regarding recognition of occupational qualifications has determined that adaptation or compensation measures or further qualifications are necessary

Version information: The translation includes the amendment(s) to the Act by Article 3 of the Act of 8 May 2024 (Federal Law Gazette 2024 I No. 152)

(3) On request from the authorities charged with policing cross-border traffic, the carrier is required to transport the foreigners to the state which issued the travel document or from which they were transported, or to another state in which their admission is ensured.

(4) The authority carrying out the deportation is authorised to take the foreigner to the airport or to a border crossing point for the purpose of deportation and to detain the foreigner temporarily for this purpose. Such detention is to be limited to the extent necessary to carry out the deportation.

1.  the foreigner has deceived the authorities responsible for enforcing this law regarding his or her identity in a way relevant for an obstacle precluding deportation, in particular by suppressing or destroying identity or travel documents or claiming a false identity, and has not corrected the information him- or herself,

(6) If the training relationship ends earlier than planned or is discontinued, the foreigner is to be granted a one-time suspension of deportation for six months for the purpose of seeking another training place in order to begin vocational training in accordance with subsection (1). Suspension of deportation is granted for six months for the purpose of seeking employment commensurate with the acquired vocational qualification if, after successfully completing the vocational training for which the suspension of deportation was granted, the foreigner is not kept on in the training enterprise; the suspension of deportation granted to enable the foreigner to seek employment may not be extended for this purpose.

(2) In the cases covered by sections 18a, 18b, 18g (1) sentence 2 or section 18g (2), the Federal Employment Agency may grant approval to take up employment if

(1) The supreme Land authority may issue a deportation order for a foreigner without a prior expulsion order based on the assessment of facts, in order to avert a special threat to the security of the Federal Republic of Germany or a terrorist threat. The deportation order is immediately enforceable; no deportation warning is necessary.

1.  retrieve the data stored in the electronic storage and processing medium of the electronic residence title pursuant to subsection (2) sentence 2 and the data necessary to examine the authenticity of the electronic residence title, as well as the photograph stored in the electronic storage and processing medium, and

Approval is granted without labour-market tests within the meaning of subsection (3) no. 3 unless the Ordinance on the Employment of Foreigners determines otherwise.

The permanent settlement permit may be granted or the temporary residence permit extended in the cases covered by sentence 1. As a rule, if, in cases covered by sentence 1 no. 2, the foreigner is placed on probation or the term of youth custody is suspended, the temporary residence permit is extended until the end of the probationary period.

6.  other measures and decisions under the law on foreigners which prove necessary at the border and which they are authorised by the Federal Ministry of the Interior, Building and Community to take in general or in the individual case concerned,

6.  the duration of validity of the residence title or, in the case of a permanent right of residence, the technical period of validity for the use of the card,

16.  to establish regulations to assure the quality of photographs and fingerprint data and foreign identity documents processed under section 49.

(4) The persons concerned may not begin their activity in the visa procedure before the background check has been completed and has revealed no indications of possible unreliability.

The requirement of skilled employment as referred to in sentence 1 is to be waived as well if an authorisation is needed for this employment and

3.  the application is filed within six months of the end of the foreigner’s last stay in the federal territory for the purpose of an intra-corporate transfer.

2.  the foreigner has already filed several asylum applications in other member states under the scope of Regulation (EU) No 604/2013 and has left the other member state without waiting for the outcome of the proceedings initiated there to determine competence or to examine the application for international protection.

(3) If the application for a Mobile ICT Card is filed at least 20 days prior to the beginning of the stay in the federal territory and if the residence title issued by the other member state continues to be valid, the foreigner’s residence and employment are deemed permitted for up to 90 days in a 180-day period until the foreigners authority decides on the application.

(3) The residence title does not expire pursuant to subsection (1) no. 7 if the specified period is exceeded solely because of compulsory military service in the foreigner’s native country and the foreigner re-enters the federal territory within three months of discharge from said military service.

(2) Subsection (1) does not apply if the offence pursuant to subsection (1) sentence 1 consisted in the unlawful employment of an EU citizen.

Foreigners authorities and registration authorities which share the same geographic area of competence exchange the data specified in section 90a (2) annually for the purpose of data maintenance. The receiving authority checks the transmitted data against its own stored data; automated checking is permitted. The transmitted data may only be used for data checking and data maintenance, after which they are deleted immediately; furnished data carriers are returned or destroyed immediately. The foreigners authorities immediately transmit any changes made as a result of the data check to the registration authority of the Central Register of Foreigners. Other statutory provisions concerning data checking remain unaffected.

(1) Notwithstanding the conditions applicable to custody to secure deportation pursuant to section 62 (3), in particular the existence of a risk of absconding, foreigners may be placed in custody for no more than 28 days by judicial order for the purpose of ensuring that the deportation can be carried out if

c)  if the temporary residence permit serves to enable the foreigner to live together or to continue to live together as a family with a foreigner who is only resident in the federal territory for a purpose of an inherently temporary nature, where no independent right of residence would arise if the family unity ended.

(3) A contractor who has commissioned another contractor to perform work or render services is liable for fulfilling the obligation of the latter contractor under subsection (1) in the same way as a surety which has waived the defence of unexhausted remedies.

(3) No temporary residence permit pursuant to subsection (2) may be granted if the foreigner has been convicted of an offence intentionally committed in the federal territory; fines totalling up to 50 daily rates or up to 90 daily rates in the case of offences which, pursuant to this Act or the Asylum Act, can only be committed by foreigners, are ignored as a general principle.

(5) A temporary residence permit pursuant to subsection (1) entitles the holder to take up research at the research organisation specified in the hosting agreement and to take up teaching activities. Changes to the research project during the stay do not cause this entitlement to expire.

If foreigners are awarded points under sentence 1 no. 1, the requirements for being granted an opportunity card mentioned in section 20a (4) sentence 3 no. 1 cease to apply.

5.  pay the regular fees set by the country of origin for issuing official passports and passport substitutes, as long as the foreigner can reasonably be expected to do so; and

13.  without prejudice to section 71 (3) no. 7, procuring return travel documents for foreigners by way of official assistance.

(5b) If the long-term resident’s EU residence permit issued by another member state of the European Union to a beneficiary of international protection indicates that the person concerned has been granted international protection by said state, and if the responsibility for such international protection within the meaning of section 2 (13) has been transferred to Germany in line with the relevant legal provisions before the beneficiary of international protection was granted an EU long-term residence permit pursuant to section 9a, the Federal Office for Migration and Refugees asks the competent authority of the other member state to change the indication in the long-term resident’s EU residence permit accordingly.

(3) Foreigners who fail to meet the obligation for reasons for which they are responsible or who fail to pass the final examination will be informed by the competent foreigners authority, before it extends the temporary residence permit, of the possible consequences of their actions (section 8 (3), section 9 (2) sentence 1 nos. 7 and 8, section 9a (2) sentence1 nos. 3 and 4 of this Act, section 10 (3) of the Nationality Act (Staatsangehörigkeitsgesetz). The foreigners authority may take administrative enforcement measures to enjoin the foreigner to meet the obligation to take an integration course. If the obligation to take an integration course is not met, the prospective charge to cover costs may also be levied in advance in a single sum by issuing an official notice of fees.

1d.  removal of foreigners from and to other countries; this is also the responsibility of the bodies determined in subsection (1) and (5),

(12) The foreigners authorities may transmit to the Federal Office for Migration and Refugees the data from the Central Register of Foreigners required for notifications and for obtaining information from the competent bodies of the other member states in accordance with subsections (1) to (11) by means of an automated process, using the Central Foreigners Register number.

3.  possesses a temporary residence permit, has lawfully resided in the federal territory for at least five years and cohabits with a foreigner as described in nos. 1 and 2 as a spouse or in a registered civil partnership,

(3) The foreigners referred to in subsection (1) are allocated to the various Länder. The Länder may agree quotas for admission to grant temporary protection and for allocation. Allocation to the various Länder is carried out by the Federal Office for Migration and Refugees. Unless another formula for allocation has been agreed among the Länder, the formula for the allocation of asylum applicants applies.

2.  the foreigner or the spouse living with him or her as a family unit has a permanent settlement permit in accordance with section 18c (3), an EU Blue Card, an ICT Card, a Mobile ICT Card or a temporary residence permit in accordance with sections 18a, 18b, 18d, 18f, 19c (1) for employment as an executive, manager, business specialist, academic, visiting academic, engineer or technician in a research team of a visiting academic or as teaching staff, section 19c (2) or (4) sentence 1 or section 21, or

2.  the mother declares that the acknowledgement serves a specific purpose within the meaning of section 1597a (1) of the Civil Code,

In national visa application procedures under Chapter 2 Divisions 3 and 4, the German diplomatic missions abroad may cooperate with an external service provider in accordance with Article 43 of Regulation (EC) No 810/2009. Sentence 1 also applies to visa applications of spouses, civil partners and minor unmarried children for the purpose of rejoining a foreigner who has filed a visa application pursuant to sentence 1 if the marriage or civil partnership or the kinship already existed when the foreigner established his or her main ordinary residence in the federal territory.

For as long as the foreign juvenile or young adult attends school, vocational training or higher education, claiming public benefits for the purpose of ensuring his or her subsistence does not preclude the granting of the temporary residence permit. A temporary residence permit is to be denied if deportation has been suspended on the basis of false information furnished by the foreigner or on the grounds of deception by the foreigner as to his or her identity or nationality.

4.  they belong to the group of persons referred to in section 44 (4) sentence 2 nos. 1 to 3, are receiving benefits under the Asylum Seekers Benefits Act (Asylbewerberleistungsgesetz) and the competent benefit authority asks them to participate in an integration course

2.  cooperate in the taking of his or her fingerprints in accordance with a statutory instrument enacted pursuant to section 99 (1) nos. 13 and 13a.

1.  foreigners are granted a temporary residence permit, if they successfully completed a course of study in the federal territory as part of a stay under sections 16b or 16c,

(1a) Requests from the foreigners authorities for information as to whether a foreigner continues to have international protection status within the meaning of section 2 (13) in another member state is forwarded by the Federal Office for Migration and Refugees ex officio to the competent bodies of the EU member state concerned. To do so, the competent foreigners authority transmits the necessary information to the Federal Office for Migration and Refugees. The Federal Office for Migration and Refugees forwards the replies to the competent foreigners authority.

If the ICT Card or the Mobile ICT card is revoked, the residence title granted to the dependant is to be revoked at the same time, unless the dependant has an independent entitlement to a residence title.

6.  if they have work experience of at least five years acquired in the last seven years in connection with and following the acquisition of the occupational qualification or higher education qualification as referred to in section 20a (4) sentence 3 no. 1 (b),

3.  the holder of the EU Blue Card has violated the provisions of another member state of the European Union on the mobility of holders of an EU Blue Card within the scope of Directive 2021/1883/EU.

8.  issuing notes and certificates provided for in legislation of the European Union confirming the date and place of entry via the external border of a member state which applies the Schengen acquis in full; this does not preclude the competence of the foreigners authorities or other bodies designated by the Länder.

(6) The procedure for granting the authorisation referred to in subsections (1) to (5) is conducted by the responsible authority of the Land where medicine is to be practised, or by the Land or joint entity agreed on in accordance with section 12 (3) sentence 3 of the Federal Medical Code.

(1) The supreme Land authority may order a temporary residence permit to be granted to foreigners from specific states or to certain groups of foreigners defined by other means, for reasons of international law, on humanitarian grounds or in order to uphold the political interests of the Federal Republic of Germany. The order may be issued subject to the proviso that a declaration of commitment be submitted in accordance with section 68. In order to ensure a nationwide uniform approach, the order requires the approval of the Federal Ministry of the Interior, Building and Community. The residence permit does not entitle the holder to pursue an economic activity; the order may stipulate that the temporary residence permit to be granted allows such activity or that such activity may be permitted under section 4a (1).

(2) A foreigner may be prohibited from leaving the federal territory in appropriate application of section 10 (1) and (2) of the Passport Act (Passgesetz). In all other cases, foreigners may be prohibited from leaving the federal territory only if they intend to enter another state without possessing the necessary documents and permits. The departure ban is to be lifted as soon as the reason for its imposition ceases to apply.

8.  Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ L 261 p. 19),

(5) To comply with the purpose limitation pursuant to subsection (4), data are to be processed in an automated manner and are to be protected against unauthorised disclosure without prejudice to Articles 24, 25 and 32 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2) as amended. The data stored pursuant to subsection (3) sentence 1 are to be deleted no later than two months after their collection, insofar as they are not used for the purposes stated in subsection (4). Any retrieval of data is to be logged. The log data are to be deleted after 12 months. If location data are collected in the home of the person concerned which go beyond the fact that the person is present or not, they may not be processed and are to be deleted immediately after having been noted. The fact that they were taken note of and deleted is to be documented. This record may be used only for the purpose of data protection monitoring. It is to be deleted when the data protection monitoring is completed.

1.  the employer is bound by a collective agreement, or the employer is a religious organisation bound by the regulations of committees with equal representation which determine terms of employment based on church law,

(1) A foreigner is granted a temporary residence permit for research purposes in accordance with Directive 2016/801/EU without the consent of the Federal Employment Agency if

a)  before applying for temporary suspension of deportation for the purpose of employment and the foreigner entered the federal territory by 31 December 2016, or

2.  the employer employs the foreigner according to the terms of employment of the applicable collective agreement or the terms of employment determined on the basis of church law, and

(3) The Federal Government Commissioner for Migration, Refugees and Integration is required to provide notifications under subsections (1) and (2) regarding a foreigner belonging to this category of persons only if such notification does not threaten the Commissioner's ability to discharge his or her own duties. The Land governments may determine by statutory instrument that foreigners commissioners of the Land and of local government authorities are required to provide notifications pursuant to subsections (1) and (2) relating to a foreigner who is lawfully resident in the Land or local government district concerned or who resided lawfully in the Land or local government district up to the time an administrative act was issued terminating the lawfulness of the residence subject to sentence 1 only.

(2) The Federal Ministry of the Interior, Building and Community may assume responsibility if a special interest on the part of the Federation applies. The supreme Land authority is to be notified accordingly. Deportation orders issued by the Federation are enforced by the Federal Police.

1.  the competent authority has decided that the legal requirements for a different procedure to establish the equivalence of the vocational qualification acquired abroad are met and carrying out an analysis of qualifications has been approved,

a)  before applying for a temporary residence permit, and the foreigner entered the federal territory by 31 December 2016, or

3.  a prime contractor or intermediate contractor without a direct contractual relationship to the employer who is aware of the employment of a foreigner who was not permitted to pursue the economic activity under the provisions of this Act,

5.  the procedure for determining the member state responsible in accordance with Article 20 (1) of Regulation (EU) No 604/2013 has been initiated.

2.  has been sentenced to an incontestable prison term of more than three months or a fine in excess of 90 daily rates under sections 10, 10a or 11 of the Act to Combat Clandestine Employment.

1.  the foreigner must have a permanent settlement permit, an EU long-term residence permit, a temporary residence permit, an EU Blue Card, an ICT Card or a Mobile ICT Card, or he or she must be entitled to stay in the federal territory in accordance with section 18e and

1.  are members or supporters of a terrorist organisation as referred to in section 129a of the Criminal Code acting at an international level or of a terrorist organisation as referred to in section 129a in conjunction with section 129b (1) sentence 1 of the Criminal Code acting in the Federal Republic of Germany or

8.  belongs to an organisation or group in the federal territory which consists primarily of foreigners and whose existence, aims or activities are concealed from the authorities in order to avert the prohibition of said organisation or group.

The temporary residence permit is issued for a period of up to 24 months and is extended by a maximum of 12 months, to add up to a maximum period of residence of three years. It only entitles the holder to pursue employment which is independent of the qualification measure for up to 20 hours per week.

Periods of residence pursuant to section 9a (3), no. 5 and periods of residence in which the foreigner also met the conditions of section 9a (3), no. 3 are not counted. Periods of residence outside of the federal territory do not interrupt the period of residence pursuant to section 9a (2), sentence 1, no. 1 where the residence outside of the federal territory did not result in expiry of the residence title; such periods are not counted when determining the total duration of residence pursuant to section 9a (2), sentence 1, no. 1. In all other cases, exit from the federal territory interrupts the period of residence pursuant to section 9a (2), sentence 1, no. 1.

5.  in the case of subsection (1) sentence 1 no. 2, at the time of application concrete measures to terminate residence are imminent which are close enough to the termination of residence in terms of content and timing; such concrete measures to terminate residence are imminent if

3.  in the case of foreigners who are enforceably required to leave the federal territory, insofar as removal or deportation come into consideration;

b)  they do not have a sufficient command of the German language at the time a residence title is issued under section 23 (2), section 28 (1) sentence 1 no. 1, section 30 or section 36a (1) sentence 1 first alternative 1 or

a)  has a foreign occupational qualification which is officially recognised by the country where it was acquired and which can only be acquired after completing training which takes at least two years, or

2a.  foreigners drawing or applying for social benefits for themselves, their family members or other household members in the cases covered by section 7 (1) sentence 2 no. 2 or sentence 4 of Book Two of the Social Code or in the cases covered by section 23 (3) sentence 1 nos. 2 or 3, sentences 3, 6 or 7 of Book Twelve of the Social Code, unless the information on the drawing of social benefits has already been entered in the Central Register of Foreigners, or

(4) The legal representatives of a minor foreigner and any other persons attending to the foreigner in the federal territory in place of the legal representatives are required to file the necessary applications on behalf of the foreigner for issuing and extending the residence title and issuing and extending the passport, passport substitute and substitute identity document.

(5) Subsections (1) to (4) apply accordingly to foreigners who, for reasons beyond their control, have been treated as Germans by German bodies to date.

6.  the foreigner possesses any other permits required for the purpose of the permanent pursuit of his or her economic activity,

With regard to the court ruling on the order for custody awaiting deportation pursuant to section 62 and custody to secure departure pursuant to section 62b, the court appoints ex officio a legal representative for the foreigner concerned for the duration of the procedure, if the foreigner does not already have a legal representative.

(4) The Federal Ministry of the Interior, Building and Community or a body designated by it may agree with transport carriers on arrangements for implementing the obligation specified in subsection (1).

(3b) Analysis of the data retrieved is only permitted as far as necessary to establish the foreigner’s identity and nationality and to establish and enforce the possibility of removing him or her to another state in accordance with subsection (3) and the purpose of the measure cannot be achieved by more lenient means. Where there is factual evidence that analysing data carriers would only provide information about the core area of private life, the measure is not permissible. No information about the core area of private life which are acquired in the course of analysing data carriers may be utilised. Records thereof are to be deleted immediately. A written record is to be made of the fact of their acquisition and deletion. The data carriers may be analysed only by employees who are qualified to hold judicial office.

1.  the foreigner prevents or delays the termination of his or her residence by intentionally providing false information, by deceit regarding his or her identity or nationality, or non-compliance with reasonable requirements to cooperate in eliminating any obstacles to the departure or

if the German’s habitual residence is in the federal territory. In derogation from section 5 (1) no. 1 it is to be granted in the cases covered by sentence 1 nos. 2 and 3. In derogation from section 5 (1), no. 1, it is to be granted as a general rule in the cases covered by sentence 1 no. 1. In derogation from section 5 (1) no. 1, the temporary residence permit may be granted to the parent of a minor unmarried German who does not possess the right of care and custody of said child, if the family unit already exists in the federal territory. Section 30 (1) sentence 1 nos. 1 and 2, sentence 3 and subsection 1 sentence 1 applies accordingly in the cases covered by sentence 1 no. 1.

(2) To be able to assess the effectiveness of promoting departure, the foreigners authorities and the authorities in charge of border police tasks collect information proving that the person concerned left the country and information about the country of departure and country of destination.

(3) Before the temporary residence permit is extended, it must be ascertained whether the foreigner has fulfilled the obligation to duly attend an integration course. If a foreigner breaches the obligation to duly attend an integration course pursuant to section 44a (1), sentence 1, this is to be taken into account when deciding whether to extend the temporary residence permit. As a general rule, if the foreigner is not entitled to a temporary residence permit, extension of the temporary residence permit is to be refused in the case of repeated and gross breach of the obligations referred to in sentence 1. If the foreigner is entitled to a temporary residence permit solely on the basis of this Act, extension may be refused unless the foreigner furnishes evidence that he or she has achieved integration into the community and society by other means. In deciding on this matter, due consideration is to be given to the duration of lawful stay, the foreigner’s legitimate ties to the federal territory and consequences of terminating residence for the foreigner’s dependants who are lawfully resident in the federal territory. If a foreigner was or is obliged to attend an integration course pursuant to section 44a (1), sentence 1, the temporary residence permit is to be extended for at most one year, as a general rule, if the foreigner has not successfully completed the integration course or has not yet furnished evidence that that he or she has achieved integration into the community and society by other means.

(1) Entry into and exit from the federal territory is permitted only at the approved border crossing points and within the stipulated traffic hours, unless exceptions are permitted on the basis of other statutory provisions or intergovernmental agreements. When entering or leaving the federal territory, foreigners are required to carry a recognised and valid passport or passport substitute as referred to in section 3 (1) and to submit to the police control of cross-border traffic.

3.  fails to provide notification or provides incorrect or incomplete notification or fails to provide notification on time in contravention of section 19b (7), or

(1) Notifications from other Schengen states of visas issued in accordance with Article 31 of Regulation (EC) No 810/2009 may be transmitted via the competent body to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counter-Intelligence Service, the Federal Criminal Police Office and the Customs Criminological Office to check whether the grounds stated in section 5 (4) or any other security reservations preclude the entry into and residence in the federal territory of a visa holder. Notifications from German diplomatic missions abroad concerning visas issued without prior transmission of data pursuant to section 73 (1) may be transmitted via the competent body to the authorities listed in sentence 1 for the purpose stated in sentence 1; data on persons other than the holder of the visa are not transmitted. Section 73 (3) sentences 3 and 4 applies accordingly.

Every month, 1,000 national visas may be granted for temporary residence permits in accordance with subsection (1) sentences 1 and 2. Special attention is to be paid to the well-being of children. Where humanitarian grounds exist, special attention is to be paid to integration aspects.

(4) The residence of a foreigner who does not require a residence title may be made subject to time limits, geographic restrictions, conditions and requirements.

1.  to hinder or prevent the activities which led to the expulsion order and to facilitate monitoring of compliance with requirements and obligations under the law governing organisations and associations or other law, or

4.  the foreigner is a minor whose parents or parent having rights of care and custody reside or resides lawfully in the federal territory,

(1) A Mobile ICT Card is a residence title in accordance with Directive 2014/66/EU for the purpose of an intra-corporate transfer within the meaning of section 19 (1) sentence 2, if the foreigner possesses a residence title which is valid for the duration of the application procedure and has been issued by another member state in accordance with Directive 2014/66/EU.

(5) If the training ends earlier than planned or is discontinued, the educational institution is required to notify the competent foreigners authority immediately, generally within two weeks, in written or electronic form. The notification is to include the facts to be notified and when they arose, as well as the foreigner’s surnames, given names and nationality.

6.  attempts to avoid a police check in road traffic recklessly and in gross violation of road traffic rules and thereby endangers the life or limb of another person or another’s property of significant value.

2.  the foreigner has declared the willingness to testify as a witness in the criminal proceedings relating to the offence.

(1) The Commissioner is involved at the earliest possible juncture in law-making projects of the Federal Government or individual federal ministries and in other matters relating to his or her remit. The Commissioner may submit proposals and forward opinions to the Federal Government. The federal ministries support the Commissioner in discharging his or her duties.

b)  an integration course as referred to in section 43, a vocational language course as referred to in section 45a, a training measure lasting at least three months which leads to the recognition of occupational qualifications, or a further training measure as referred to in sections 81 and 82 of Book Three of the Social Code is available soon to the foreigner or the foreigner’s spouse, registered civil partner or minor unmarried child who is related to the foreigner and lives in a family household with him or her, or

4.  their regular income comes from an economic activity which they are entitled to pursue and for which they also possess any other necessary permit.

3.  the authorisation to provide care only covers persons in a reception centre or another facility designated by the Land for accommodating these persons;

(1) The foreigners authorities are responsible for residence- and passport-related measures and decisions pursuant to this Act and pursuant to provisions relating to foreigners in other acts. The Land government or the body appointed by it may determine that only one or several specific foreigners authorities are responsible for specific tasks. Pursuant to sentence 2, the competent bodies of the Länder in question may arrange for the foreigners authorities of a Land to be assigned tasks for the districts of foreigners authorities of various Länder. Each Land is to designate a central body responsible for enforcing deportations. As a general rule, each Land is to establish at least one central foreigners authority responsible for visa applications pursuant to section 6 for purposes in accordance with sections 16a, 16d, 17 (1), sections 18a, 18b, 18c (3), sections 18d, 18f, 18g, 19, 19b, 19c, 20 and 20a and for visa applications of spouses or minor unmarried children for the subsequent immigration of dependants submitted at the same time.

2.  they are receiving benefits pursuant to Book Two of the Social Code and the institution providing basic income support for jobseekers has asked them to take an integration course in accordance with section 15 (5) sentence 2 or (6) of Book Two of the Social Code,

(3) Personal data subject to tax secrecy under section 30 of the German Fiscal Code (Abgabenordnung) may be transmitted if the foreigner has violated a provision of tax law, including customs law and monopolies law or a provision of foreign trade and payments law, or has violated import, export or transit bans or bans on the introduction of goods into customs territory, and criminal investigations have been initiated or a fine of at least 500 euros has been imposed for such violation. In cases covered by sentence 1, the authorities charged with policing cross-border traffic may also be notified if a departure ban is to be issued under section 46 (2).

d)  the form and the details of the procedure relating to the transfer of all application data from the foreigners authorities to the producer of the documents and to the temporary storage of the application data at the foreigners authority and the producer’s facilities,

(1) Foreigners are granted a temporary residence permit without the consent of the Federal Employment Agency for stays for research purposes which last more than 180 days but no more than one year, if

(4) The authority responsible for the detention application may detain a foreigner without a prior judicial order and place such foreigner in temporary custody if

(7) The temporary residence permit pursuant to subsection (1) or subsection (5) is revoked if any of the conditions listed in subsection (2) no. 4 occurs or if the training ends earlier than planned or is discontinued.

(3) The data stored under subsection (1) sentence 3 must be deleted immediately when the data are no longer needed for the purpose stated in subsection (1) sentences 1 and 2, and at the latest following issuance or denial of a visa or withdrawal of the visa application.

(2) Foreigners must leave the federal territory and the territory of the other member states of the European Union and the other Schengen states immediately, or, if they have been allowed a certain period for departure, before this period elapses.

b)  has started training as an assistant or helper in a state-recognised or similarly regulated occupation which may lead to quality vocational training in a state-recognised or similarly regulated occupation in which the Federal Employment Agency has determined that a labour shortage exists, and has been granted a training place,

(5) If the foreigner has a temporary residence permit under section 104c, the time periods referred to in section 60b (b) (5) sentence 1 are also to be counted when applying subsection (1) sentence 1 no. 1.

(3) The Federal Ministry of Labour and Social Affairs may issue instructions to the Federal Employment Agency on implementing the provisions of this Act and the statutory instruments issued in connection with it, the provisions enacted by the European Union on access to the labour market and the intergovernmental agreements on the employment of workers.

5.  revocation or withdrawal of the recognition of research organisations for the purpose of concluding hosting agreements under section 18d,

(1) Anyone who negligently commits an act specified in section 95 (1) no. 1 or 2 or (2) no. 1 (b) is deemed to have committed an administrative offence.

(4a) A temporary residence permit issued under section 16e or 19e may be revoked if the foreigner no longer meets the conditions for being granted a temporary residence permit.

(1) As regards foreigners whose deportation has been suspended, the foreigners authority does not decide on issuing a certificate confirming the suspension of deportation under section 60a (4) with the additional wording “for persons whose identity is not verified” until it examines whether to extend the suspension of deportation or grant the suspension of deportation for another reason.

(1a) In connection with the issuance of an ICT Card or a Mobile ICT Card, the host entity or host undertaking are to be notified of the following in writing:

(7) A permanent settlement permit may also be issued to spouses, civil partners and minor, unmarried children of a foreigner who were in possession of a residence title for exceptional circumstances pursuant to section 31 (1) of the Foreigners Act or a temporary residence permit pursuant to section 35 (2) of the Foreigners Act prior to 1 January 2005, if the conditions of section 26 (4) are met and they continue to meet the conditions according to which issuance of a residence title for exceptional circumstances pursuant to section 31 of the Foreigners Act or of a temporary residence permit pursuant to section 35 (2) of the Foreigners Act was permissible.

4.  transmit data on the location of the person concerned to the competent police authority insofar as this is necessary to avert a current serious threat within the meaning of subsection (4) no. 4,

and, where pertinent, specify the desired information in precise terms. The Federal Office for Migration and Refugees forwards information which it receives to the competent foreigners authorities and diplomatic missions abroad. The foreigners authorities and diplomatic missions abroad may process the data transmitted in the information furnished by the competent bodies of other member states of the European Union for this purpose.

(3) The Federal Government determines, via statutory instrument with the approval of the Bundesrat, the cases which are subject to a fee, the scales of fees, and exemptions and reduced fees, particularly in cases of need. Section 3 (1) nos. 1 and 4, (2) and (4) to (6), sections 4 to 7 nos. 1 to 10, sections 8, 9 (3), sections 10 to 12 (1) sentence 1, and (3) as well as sections 13 to 21 of the Act on Fees and Expenses for Federal Services (Bundesgebührengesetz) of 7 August 2013 (Federal Law Gazette I, p. 3154) apply as amended, unless this Act provides otherwise.

2.  the Federal Employment Agency has given its approval under section 39; this does not apply if it has been determined by law, intergovernmental agreement or pursuant to the Ordinance on the Employment of Foreigners that employment is permissible without the approval of the Federal Employment Agency; in this case, the residence title may also be denied if one of the conditions stipulated in section 40 (2) or (3) exists,

No custody to secure departure is to be ordered if the foreigner credibly asserts or it is obvious that he or she does not intend to evade deportation.

a)  specific information regarding the place and kind of work, remuneration and other terms and conditions of employment during the intra-corporate transfer, as well as

2.  granting visas and issuing passport substitutes pursuant to section 14 (2), and suspending deportation pursuant to section 60a (2a),

As far as technically possible, it is to be ensured that no location data are collected in the foreigner’s home which go beyond the fact that the foreigner is present or not. The Land governments may determine by a statutory instrument that a body other than the foreigners authority collects and stores the data referred to in sentence 1. The authorisation in sentence 3 may be transferred, by a statutory instrument, from the Land governments to the supreme Land authorities responsible for enforcing this Act.

4.  the foreigner provides a work contract valid for the duration of the intra-corporate transfer and, if necessary, an assignment letter stating

The senates of the Länder of Berlin, Bremen and Hamburg are authorised to adapt the provisions of this Act regarding the competence of authorities to the special administrative structures of their Länder.

b)  before applying for a temporary residence permit or by 30 June 2020 at the latest, and the foreigner entered the federal territory after 1 January 2017 and before 1 January 2020, or

(3c) Retrieved data are to be deleted immediately as soon as they are no longer needed to establish the foreigner’s identity and nationality and to establish and enforce the possibility of removal. The retrieval, analysis and deletion of data is to be documented. Suitable technical and organisational measures as required by Articles 24, 25 and 32 of Regulation (EU) 2016/679 are to be taken to prevent unauthorised access to the retrieved data.

(7) The foreigner is provided with written notification of the rights and obligations pertaining to the temporary protection in a language which he or she is able to understand.

(7) Public bodies may process the data stored in the electronic storage and processing medium of a document under subsection (1) with the exception of biometric data, as far as necessary to discharge their respective statutory duties. Both the address stored in the electronic storage and processing medium and the address to be displayed under subsection (1) sentence 3 no. 5 may be changed by the foreigners authorities and other authorities designated by Land law. In derogation from sentence 1, if so stipulated by law or based on law, in order to verify the identity of a holder of an electronic residence title, public bodies may, with the consent of the holder of the electronic residence title,

(8) The statutory instrument pursuant to subsection (3) may provide for fees to be charged to file an objection; the following maximum rates apply to such fees:

(6) For the purpose of deportation, foreigners may be taken into custody by judicial order for a maximum of 14 days in order to enforce an order pursuant to section 82 (4) sentence 1 to appear in person at the diplomatic representations or before authorised officials of the state whose nationality they putatively possess to provide information needed to establish their identity, or to enable a medical examination to determine their fitness to travel if

(2) The temporary residence permit entitles the holder to take up any employment after the foreigner has been employed in a position commensurate with his or her vocational qualification for a period of two years.

(3) By way of derogation from section 5 (1) no. 1 and section 29 (1) no. 2, the temporary residence permit may be extended for as long as the marital cohabitation continues.

(1) In the cases covered by section 98 (2a) no. 1 and (3) no. 1, the administrative authorities within the meaning of section 36 (1) no. 1 of the Administrative Offences Act (Gesetz über Ordnungswidrigkeiten) are the customs administration authorities. They cooperate with the authorities referred to in section 2 (4) of the Act to Combat Clandestine Employment in prosecuting offences and imposing punishments.

(1) A right of unlimited residence (Aufenthaltsberechtigung) or unlimited residence permit (unbefristete Aufenthaltserlaubnis) issued prior to 1 January 2005 remains valid as a permanent settlement permit in accordance with the purpose of residence and the circumstances forming the basis for its issuance. An unlimited residence permit (unbefristete Aufenthaltserlaubnis) granted pursuant to section 1 (3) of the Act on Measures in Aid of Refugees Admitted under Humanitarian Relief Programmes (Gesetz über Maßnahmen für im Rahmen humanitärer Hilfsaktionen aufgenommene Flüchtlinge) of 22 July 1980 (Federal Law Gazette I, p. 1057) or in corresponding application of the aforesaid Act and a subsequently issued right of unlimited residence (Aufenthaltsberechtigung) remain valid as a permanent settlement permit pursuant to section 23 (2).

(2a) An ICT Card issued pursuant to section 19, a Mobile ICT Card issued pursuant to section 19b or a residence title allowing the subsequent immigration of dependants joining holders of an ICT Card or a Mobile ICT Card may be revoked if the foreigner

The minor children of a foreigner who holds a temporary residence permit pursuant to sentence 1 may be granted temporary residence permits if they live with the foreigner as a family unit. As a general rule, a spouse or civil partner who is living with the beneficiary referred to in subsection (1) as a family unit is to be granted a temporary residence permit if the conditions of sentence 1 are met. Section 31 applies accordingly. As a general rule, a minor unmarried child who is living with the beneficiary referred to in subsection (1) as a family unit is to be granted a temporary residence permit.

2.  prosecute an administrative offence pursuant to section 98 (3) no. 5a or a criminal offence pursuant to section 95 (1) no. 6a,

1a.  has been incontestably sentenced to a prison term or a term of youth custody of at least one year for one or more intentionally committed offences

e)  to establish an Advisory Board for Migration of Researchers and Skilled Workers at the Federal Office for Migration and Refugees which will support that office in connection with the recognition of research organisations and monitor and evaluate the application of section 18d,

Foreign states may return foreigners to another state from their territory via the federal territory or readmit foreigners into their territory from another state via the federal territory, subject to the permission of the competent authorities (transit operations). Transit operations are carried out on the basis of intergovernmental agreements and legislation of the European Union. The central authority pursuant to Article 4 (5) of Directive 2003/110/EC is the Federal Police authority specified in the statutory instrument pursuant to section 58 (1) of the Act on the Federal Police. The foreigner in transit must tolerate the necessary measures in connection with the transit journey.

(5) Once a foreigner has been denied entry and residence under section 19f (5) or the Federal Office for Migration and Refugees has issued a certificate within the meaning of subsection (4), responsibility for further measures and decisions under residence law rests with the foreigners authority, as set out in section 71 (1). (3) The foreigner and the host educational institution are required to inform the foreigners authority of any changes to the requirements stipulated in subsection (1).

2.  the list of occupations to which a lower minimum salary level applies in accordance with section 18g (1) sentence 2 no. 1,

A foreigner may be granted a temporary residence permit for the purpose of admission from abroad for reasons of international law or on urgent humanitarian grounds. A temporary residence permit is to be granted if the Federal Ministry of the Interior, Building and Community or the body designated by it has declared, so as to uphold the political interests of the Federal Republic of Germany, that the foreigner is to be admitted.

2.  the foreigner possesses a temporary residence permit and has resided in the federal territory for at least five years,

(2) The foreigners authorities and diplomatic missions abroad may address requests for information to competent bodies of other member states of the European Union through the Federal Office for Migration and Refugees, where this is necessary in order to check whether the requirements for short-term mobility pursuant to section 18h or for long-term mobility pursuant to section 18i are met. The authorities charged with policing cross-border traffic may address requests for information to competent bodies of other member states of the European Union through the Federal Office for Migration and Refugees, where this is necessary to check whether holders of an EU Blue Card issued by another member state of the European Union meet the requirements for entry and residence in the federal territory. In this context, the foreigners authorities, the diplomatic missions abroad and the authorities charged with policing cross-border traffic may transmit

Full citation:  Residence Act in the version promulgated on 25 February 2008 (Federal Law Gazette I p. 162), most recently amended by Article 4b of the Act of 17 February 2020 (Federal Law Gazette I p. 166)

3.  is not permitted to enter the federal territory in accordance with section 11 (1), (6) or (7) unless the foreigner possesses a temporary entry permit as required in section 11 (8).

(3) The electronic storage and processing medium included in the document referred to in subsection (1) contains the following data:

to the authorities entrusted with enforcing the law on foreigners and to leave such documents with these authorities temporarily, where necessary in order to implement or ensure measures under this Act. On request, German nationals who also possess a foreign nationality are required to present and surrender their passport or passport substitute to the authorities entrusted with enforcing the law on foreigners and to leave the documents with these authorities temporarily if

(1) Anyone causing the death of another person in the cases covered by section 96 (1), also in conjunction with section 96 (4), is punishable with a prison sentence of no less than five years. If in the cases of section 96 (1), also in conjunction with section 96 (4), the death of another person results at least from negligence, the punishment is life imprisonment or a prison sentence of no less than 10 years.

the authorities charged with implementing this Act notify the authorities responsible for prosecuting and punishing the violations according to nos. 1 to 3, the institutions providing basic income support for jobseekers or the social welfare agencies and the competent authorities specified in section 10 of the Asylum Seekers Benefits Act.

6.  in the case of foreigners who have been proposed for an admission procedure under section 23, for temporary protection under section 24 or for redistribution on the basis of measures under Article 78 (3) of the Treaty on the Functioning of the European Union and have been included in the examination of cases for granting approval for admission by the Federal Office for Migration and Refugees, and in the cases covered by section 29 (3);

(1) Data collected during the visa application process by a German diplomatic mission abroad on the visa applicant, the inviting party, persons guaranteeing that the foreigner’s subsistence will be ensured by making a declaration of commitment or by other means, or on other reference persons in Germany are transmitted to the Federal Office of Administration for a security check. The same applies to data pursuant to sentence 1 which the diplomatic mission abroad of another Schengen state responsible under Article 8 (2) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1) has transmitted to a German diplomatic mission abroad for a decision on a visa application. Data are not transmitted pursuant to sentence 1 or sentence 2 if the data are transmitted pursuant to section 73 (1) sentence 1.

4.  other data concerning the foreigner which are stored in the Central Register of Foreigners or which originate from the foreigner’s file or the visa file and which have been requested by the other member state of the European Union.

1.  the foreigner has resided in the federal territory for three years without interruption on the basis of a temporary residence or permanent settlement permit, of a temporary suspension of deportation, or of permission to remain pending the asylum decision,

3.  was one of the leaders of an organisation which was incontestably banned because its purpose or its activity contravenes criminal law or is directed against the constitutional order or the concept of international understanding,

4.  possesses an elementary oral command of the German language equivalent to Level A2 of the Common European Framework of Reference for Languages and

(2) Until 1 July 2020, section 60b does not apply to foreigners whose deportation has been suspended and who are in a training or employment relationship.

1.  owing to treaties between the European Union and its member states on the one hand and third countries on the other, enjoy rights of free movement equivalent to those of Union citizens,

1.  the entry of the training contract in the list of vocational training relationships at the responsible body has been applied for,

2.  the qualification measure is suited to enabling recognition of the foreigner’s occupational qualification or access to the occupation, and

b)  evidence that the foreigner will be able to return to an entity belonging to the same undertaking or group of undertakings established outside the European Union after completing the intra-corporate transfer, and

1.  the foreigner has been incontestably convicted of a criminal offence, with the exception of those offences which can only be committed by foreigners,

1.  whose asylum application was rejected as manifestly unfounded under section 29a (1) of the Asylum Act, who was not granted subsidiary protection, for whom the existence of the conditions for issuing a deportation ban under section 60 (5) or (7) was not established and who does not possess a residence title or

1.  are employed in occupations which belong to the groups 132, 133, 134, 21, 221, 222, 225, 226, 23 or 25 according to the Commission Recommendation of 29 October 2009 on the use of the International Standard Classification of Occupations (ISCO-08) (OJ L 292, 10.11.2009, p. 31) or

Sentence 1 no. 1 does not apply to holders of a permanent settlement permit (section 9) or an EU long-term residence permit (section 9a) if they cannot reasonably be expected to acquire a passport or passport substitute from every state of which they are a national. In the cases covered by sentence 1 nos. 4 and 5, the residence title of dependants living together with the foreigner as a family unit may also be revoked if these dependants have no independent entitlement to the residence title.

Holders of a residence title issued pursuant to section 78 (1) sentence 1 may apply for a stand-alone document with an electronic storage and processing medium in accordance with section 78 if they can demonstrate a legitimate interest in the issuance of a new document. This notwithstanding, holders of a residence title under section 4 (1) sentence 2 nos. 2 to 4 may apply for a stand-alone document with an electronic storage and processing medium in accordance with section 78 if they can demonstrate a legitimate interest in the issuance of a new document.

4.  obtain, where necessary, the consent of the Federal Employment Agency, indicating that this is part of the fast-track procedure for skilled workers,

(5) The passport, passport substitute or other documents, papers and data carriers of foreigners who are required to leave the country which may be of importance in establishing their identity and nationality and in establishing and enforcing a possibility of removing the foreigners to another state are, as a general rule, to be taken into safekeeping until the departure of the foreigners who are required to leave the country.

Without prejudice to its duties in accordance with other acts, the Federal Office for Migration and Refugees has the following duties:

f)  possesses a temporary residence permit pursuant to section 38a and the marriage already existed in the member state of the European Union in which the foreigner has the status of a long-term resident, or

(1) In derogation from section 5 (1) no. 1 and section 29 (1) no. 2, the temporary residence permit granted to a child is to be extended as long as a parent possessing the right of care and custody holds a temporary residence permit, permanent settlement permit or EU long-term residence permit and the child lives together with the said parent as part of a family unit, or if the child would have a right of return pursuant to section 37 if he or she left the federal territory.

(18) Section 60a (6) sentence 1 no. 3 does not apply to nationals of Georgia or the Republic of Moldova who applied for asylum by 30 August 2023 or who resided in Germany on 30 August 2023 with a temporary suspension of deportation without having applied for asylum.

(1) Fees and expenses are charged for individually attributable public services rendered under this Act and the statutory instruments issued to enforce this Act. Fees may also be set orally. Sentence 1 does not apply to individually attributable public services rendered by the Federal Employment Agency under sections 39 to 42. Section 287 of Book Three of the Social Code remains unaffected. Furthermore, sentence 1 does not apply to the notification procedure in connection with the short-term mobility of students under section 16c, intra-corporate transferees under section 19a or of researchers under section 18e.

(3) The temporary residence permit may be extended as long as the conditions for granting the permanent settlement permit and the EU long-term residence permit have not yet been met.

Where foreigners ensure their subsistence independently by means of an economic activity, the temporary residence permit is granted pursuant to section 23 (1) sentence 1. In all other cases, it is issued in accordance with sentence 1; it applies as a residence title under Chapter 2 Division 5; sections 9 and 26 (4) do not apply. The requirement stated in sentence 1 no. 2 may be waived until 1 July 2008. The requirement stated in sentence 1 no. 2 is waived if the foreigner is unable to meet it on account of a physical or mental illness or disability or on grounds of old age.

6.  forces or attempts to force another person into marriage, or repeatedly commits acts which violate section 11 (2) sentences 1 and 2 of the Civil Status Act (Personenstandsgesetz) and constitute a serious violation of this provision; such acts constitute a serious violation if they involve a person under the age of 16,

(3) The foreigner may be required to move to a different place of residence or to certain accommodations outside the district of the foreigners authority concerned, if this appears advisable

(6) A ban on entry and residence may be issued for foreigners who have not fulfilled the obligation to leave the country within the period allowed for departure, unless they were prevented from leaving through no fault of their own or have exceeded the period allowed for departure by an insignificant amount of time. Subsection (1) sentence 2, subsection (2) sentences 3 to 6, subsection (3) sentence 1 and subsection (4) sentences 1, 2 and 4 apply accordingly. The ban on entry and residence is to be limited in time when it is ordered in accordance with sentence 1. As a general rule, the first time a ban on entry and residence is ordered in accordance with sentence 1, its length is not to exceed one year. In all other cases, its length is not to exceed three years, as a general rule. No ban on entry and residence is ordered where there are grounds for temporarily suspending deportation pursuant to section 60a for which the foreigner was not responsible.

(4) Foreigners in a civil servant relationship with a German employer are granted a temporary residence permit to discharge their official duties in the federal territory without the consent of the Federal Employment Agency. The temporary residence permit is granted for three years, unless the employment is limited to a shorter period. After three years, a permanent settlement permit is granted, in derogation from section 9 (2) sentence 1 nos. 1 and 3.

(13) The Federal Office for Migration and Refugees transmits to the competent bodies of the European Union annually, for the first time no later than 18 November 2025, the data to be transmitted in connection with the granting of EU Blue Cards as stipulated in Regulation (EC) No 862/2007 of the European Parliament and the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23), last amended by Regulation (EU) 2020/851 (OJ L 198, 22.6.2020, p. 1) and taking into consideration Article 25 of Directive (EU) 2021/1883.

(1) Decisions on applications filed prior to 1 January 2005 for an unlimited residence permit or a right of unlimited residence are to be taken in accordance with the law applicable until that time. Section 101 (1) applies accordingly.

The ban on entry and residence takes effect when the decision on the application for asylum assumes legal validity. Subsection (1) sentences 3 and 4, subsection (2) sentences 3 to 6, subsection (3) sentence 1 and subsection (4) sentences 1, 2 and 4 apply accordingly. The ban on entry and residence is to be limited in time when it is ordered in accordance with sentence 1. As a general rule, the first time a ban on entry and residence is ordered in accordance with sentence 1, its length is not to exceed one year. In all other cases, its length is not to exceed three years, as a general rule. The competent foreigners authority decides on revoking, extending or shortening of the ban.

1.  to object to the denial of an application for an individually attributable public service which is subject to a fee: half the fee set for the service,

(2) The obligation pursuant to subsection (1) applies for a period of three years with regard to foreigners transported into the federal territory without the necessary passport, passport substitute or the necessary residence title who are not refused entry because they claim political persecution, persecution within the meaning of section 3 (1) of the Asylum Act or the risk of suffering serious harm within the meaning of section 4 (1) of the Asylum Act, or the circumstances referred to in section 60 (2), (3), (5) or (7). The obligation expires if the foreigner is granted a residence title under the terms of this Act.

(1a) The validity of an ICT Card issued in accordance with section 19 does not expire pursuant to subsection (1) nos. 6 and 7, if the foreigner makes use of the possibility provided in Directive 2014/66/EU to carry out part of the intra-corporate transfer in another member state of the European Union. The validity of a temporary residence permit issued in accordance with section 16b or 18d does not expire pursuant to subsection (1) nos. 6 and 7, if the foreigner makes use of the possibility envisaged in Directive 2016/801/EU to carry out part of the studies or research project in another member state of the European Union.

1.  the foreigner has culpably violated section 404 (1) or (2) nos. 2 to 13 of Book Three of the Social Code, sections 10, 10a or 11 of the Act to Combat Clandestine Employment or sections 15, 15a or 16 (1) no. 2 of the Act on Temporary Employment Businesses,

(2) The foreigner’s residence is to be restricted to the district of the foreigners authority concerned, unless the foreigners authority stipulates otherwise.

(4) The German diplomatic missions abroad are responsible for measures and determinations taken or made under subsections (1) and (3) abroad.

(1) In derogation from section 5 (1) no. 1 and (2), a foreigner whose deportation has been suspended or who has a temporary residence permit under section 104c is as a rule to be granted a temporary residence permit if the foreigner has become permanently integrated into the way of life in the Federal Republic of Germany. As a rule, this is subject to the condition that the foreigner

2a.  in contravention of section 47a sentence 1, also in conjunction with sentence 2, or in contravention of section 47a sentence 3, fails to submit, on time or at all, a document referred to therein, or to allow, on time or at all, his or her face to be checked against the photograph,

As a general rule, a temporary residence permit as referred to in sentence 1 is to be denied to foreigners who have repeatedly and intentionally furnished false information or have deceived the authorities as to their identity or nationality, thereby hindering their deportation. The time periods referred to in section 60b (5) sentence 1 are to be counted in applying sentence 1.

(3) The data collected under section 49 (1) are to be deleted by all authorities immediately after completing the authenticity of the document or the identity of the holder has been checked. The data collected under section 49 (3) to (5), (7), (8) or (9) are deleted by all authorities storing such data if

(5) A foreigner may not be deported if deportation is prohibited under the terms of the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms (Federal Law Gazette 1952 II, p. 685).

(9) The data referred to in subsection (2) sentence 2 are to be corrected if they are corrected in the Counter-Terrorism Database. They are deleted if the conditions for their storage pursuant to subsection (2) sentence 1 are no longer met or the data are deleted in the Counter-Terrorism Database. Section 11 (4) of the Act on Setting up a Counter-Terrorism Database applies accordingly to examining whether the conditions permitting storage of the data pursuant to subsection (2) sentence 2 continue to be met.

(10) In derogation from subsection (1) no. 7, the period for the EU Blue Card and the temporary residence permits pursuant to sections 30, 32, 33 or 36 issued to dependants of EU Blue Card holders is 12 months. The same applies to the permanent settlement permit of a foreigner who has resided lawfully in the federal territory for at least 15 years and to the permanent settlement permit of a spouse cohabiting with the foreigner if they are 60 years of age or older.

(5) If the foreigner is entitled to stay in the federal territory pursuant to section 18e, the minor unmarried child does not need a residence title if it has been established that the child stayed in the other member state of the European Union lawfully as the foreigner’s dependant. The requirements stipulated in section 18e (1) sentence 1 nos. 1, 3 and 4, and the grounds for rejection pursuant to section 19f apply accordingly to the minor child.

and the foreigner possessed a temporary residence permit, permanent settlement permit or EU long-term residence permit up to that time, unless the foreigner was unable to apply for an extension in time for reasons beyond his or her control. Sentence 1 does not apply if the foreigner’s temporary residence permit may not be extended or if the foreigner may not be granted a temporary residence permit or EU long-term residence permit because this is precluded by a rule of law on account of the purpose of residence or by an ancillary provision attaching to the temporary residence permit pursuant to section 8 (2).

(3) In addition to the grounds for exclusion mentioned in subsection (1), no temporary residence permit as referred to in sections 16b, 16e, 17 (2), 18d or 19e is granted to foreigners

c)  there is a well-founded suspicion that the foreigner intends to evade the order for detention for the purpose of transfer.

(3) The Federal Ministry of Labour and Social Affairs is authorised to regulate, by means of a statutory instrument not requiring the approval of the Bundesrat, further details of the financing of the advising on labour and social welfare law, in particular the details concerning the provision of services, the approval periods, the application procedure, the conditions and the procedure for institutions to transfer benefits to third parties, the delegation of implementation to a third party, details concerning monitoring the use of funds and the evaluation. Sentence 1 does not apply to the pre-departure integration measures or the tasks referred to in subsection (1) sentences 5 and 6.

5.  subjects the smuggled persons to potentially fatal, inhumane or degrading treatment or a risk of serious harm to their health, or

4.  are intended to promote parties, other organisations, establishments or activities outside of the federal territory whose aims or means are incompatible with the fundamental values of a system of government which respects human dignity.

4.  contravenes an enforceable order under section 46 (2) sentences 1 or 2 or section 47 (1) sentence 2 or subsection (2),

(3) The diplomatic missions abroad and the foreigners authorities may address requests for information to competent bodies of other member states of the European Union through the Federal Office for Migration and Refugees, where this is necessary in order to check whether the mobility requirements under section 19a are met or to issue a Mobile ICT Card. To this end, they may transmit

7.  cases in which an employer who has violated statutory obligations related to employment, in particular obligations under labour, social insurance or tax law may be barred from the possibility of gaining the approval of or being granted work permits by the Federal Employment Agency to employ foreigners.

Until there is proof of restoration of reliability, the candidate or tenderer may be excluded under sentence 1 for up to five years after the incontestable imposition of the fine or prison sentence depending on the severity of the offence for which the fine or prison sentence was imposed.

4.  by virtue of his or her nationality, the foreigner may enter and stay in the federal territory without requiring a visa for a period of residence which does not constitute a short stay,

(1) In derogation from section 78, residence titles as referred to in section 4 (1) sentence 2 nos. 2 to 4 may be issued according to a uniform, model form if the residence title is to be granted to extend the length of residence for no more than one month in order to avoid exceptional hardship. The model form contains the following items of information:

3.  Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, p. 12),

(3a) The temporary residence permit for the subsequent immigration of dependants is to be denied if the person to be joined by the dependants

1.  endanger the free and democratic constitutional system or the security of the Federal Republic of Germany or contravene the codified standards of international law,

(5) The foreigners authority may permit the foreigner to leave the geographic area to which he or she is restricted on the basis of this Act. This permission is to be granted if an urgent public interest applies, if it is necessary for compelling reasons or if denying permission would constitute undue hardship. The foreigner needs no permission for appointments at authorities or court hearings where his or her personal appearance is necessary.

Sentence 3 no. 1 also applies to those commissioning a foreigner on a sustained basis to perform paid work or services for gain.

15.  to set out rules pertaining to the electronic transfer of data for specialised purposes between the authorities charged with implementing this Act, concerning the following:

(7) Subsections (1) to (6) do not apply to foreigners who were recognised or granted a temporary residence permit for the first time within the meaning of subsection (1) before 1 January 2016.

3.  the refusal to extend a residence title allowing the subsequent immigration of dependants to join holders of an ICT Card or a Mobile ICT Card, or

(2) On request, the Federal Office for Migration and Refugees furnishes the competent authority of another member state of the European Union with the necessary information in order to enable the competent authorities of the other member state of the European Union to verify whether the requirements for the foreigner’s mobility under Directive 2014/66/EU are met. This information comprises

a)  failed to appear in person following the first such order without being excused or has not provided the information needed to establish his or her identity, or

(2) When a child comes of age, the temporary residence permit granted to the child becomes an independent right of residence which is unrelated to the purpose of the subsequent immigration of dependants. The same applies to the granting of a permanent settlement permit and an EU long-term residence permit or if the temporary residence permit is extended accordingly under section 37.

(4a) Where deportation has failed, the order remains unaffected until the period allowed for deportation has expired, insofar as the conditions for the detention order remain unchanged.

(4) In derogation from section 5 (1) and section 27 (3), the temporary residence permit is to be granted to the spouse and the minor unmarried child of a foreigner or the minor unmarried child of the foreigner’s spouse if the foreigner has been granted temporary protection in accordance with section 24 (1) and

(8) The identity of a foreigner who is apprehended in conjunction with unlawful entry and is not refused entry is to be documented by means of identification measures. In accordance with sentence 1, only photographs and prints of all 10 fingers may be taken. The identity of a foreigner under the age of six is to be documented under the conditions of sentence 1 only by taking a photograph.

(2) As a general rule, a foreigner is to be granted a temporary residence permit to attend school as of grade nine, provided it is guaranteed that the school class comprises pupils of various nationalities and that the school

1.  evidence that the foreigner has a residence title for study purposes from another member state of the European Union which is valid for the duration of the planned stay and falls within the scope of Directive 2016/801/EU,

(4) Before the temporary residence permit for the purpose of quality vocational training is withdrawn, revoked or its period of validity reduced retrospectively pursuant to section 7 (2) sentence 2, the foreigner is to be given the opportunity, for a period of up to six months, to find a place on another training course.

d)  against property, insofar as the law provides for an increased minimum sentence or the offences were committed as a series, or

4.  similar concrete preparations to deport the foreigner have been initiated, unless it is foreseeable from the outset that such measures will be unsuccessful, or

4.  the manner of furnishing proof of employment with full social security coverage under subsection (1) sentence 2, income which secures subsistence, and of having a vocational training place or a place in higher education within the meaning of subsections (1) and (5) sentence 1 no. 1 (a),

4.  activities which for the purposes of enforcing this Act are never, or only under certain conditions, to be regarded as employment.

3.  competence is transferred from the foreigners authority to another foreigners authority; this obligation applies to the foreigners authority to which competence has been transferred.

(5) The authorisation to practise general medicine temporarily pursuant to subsection (1) does not affect any later licensing proceedings pursuant to section 3 of the Federal Medical Code or any later proceedings to be granted permission to practise general medicine temporarily pursuant to section 10 of the Federal Medical Code.

4.  the foreigner possesses a basic knowledge of the legal and social system and the way of life in the federal territory,

(2) To meet the obligation to have and present identification papers, it is sufficient for a foreigner who neither possesses a passport or passport substitute nor can reasonably be expected to obtain one to carry the certificate confirming a residence title or the suspension of deportation, if this document contains the foreigner’s personal details and a photograph and is marked to indicate that it is a substitute identity document.

(3) In order to manage labour migration under the points-based system referred to in section 20a (3) no. 2 and subsections (1) and (2), the Federal Government is authorised to issue statutory instruments not requiring the approval of the Bundesrat to amend the table annexed to this act as regards the points awarded for specific features under subsection (1) and as regards the minimum number of points required to meet the requirement stipulated in section 20a (3) no. 2.

(6) As a general rule, a foreigner is to be granted a temporary residence permit for up to six months in order to determine whether he or she has the relevant occupational skills, knowledge and abilities needed to establish the equivalence of the vocational qualification acquired abroad (analysis of qualifications) and which qualify him or her to work in a skilled occupation. The granting of a temporary residence permit is subject to the following conditions:

(2) In addition to the foreigner, parties who have provided the foreigners authority or the diplomatic mission abroad with a declaration of commitment to bear the costs of the foreigner’s departure are also liable for the costs referred to in subsection (1). If in the cases covered by section 18i an application for an EU Blue Card is denied because the requirements for long-term mobility are not met, the holder of the EU Blue Card and the employer are liable for the costs referred to in subsection (1).

1b.  deportations at the border, insofar as the foreigner has already entered the federal territory unlawfully, has subsequently proceeded to another border area or to an airport, airfield, landing site or maritime or inland port, whether approved or not as a border crossing point, where he or she has then been apprehended,

10.  the school attendance of minor, unmarried school-aged children living with the foreigner as a family unit has been verified, none of the cases listed in section 54 (2) nos. 1 to 2 applies and the children have not been incontestably convicted of intentionally committing an offence listed in section 29 (1) sentence 1 no. 1 of the Narcotics Act, and

4.  the fact that the employer must take steps to make the foreigner comply with his or her obligation to cooperate as set out in section 82 (1) sentence 1,

7.  to determine that foreigners who are exempted from the requirement for a residence title and foreigners who enter the federal territory with a visa are required to furnish the foreigners authority or another authority with due notification of their residence when entering or thereafter, in order to safeguard the interests of the Federal Republic of Germany,

2.  may, of the data retrieved, only use the photograph, the data referred to in subsection (2) sentence 2 nos. 1, 2, 4, 6, 8, 9 and the data necessary to examine the authenticity of the electronic residence title.

(4) The temporary residence permit is granted for at least one year. If the foreigner takes part in a Union or multilateral programme that comprises mobility measures, the temporary residence permit is granted for at least two years. By way of derogation from sentences 1 and 2, where the research project is completed in a shorter period, the term of the temporary residence permit is limited to the duration of the research project; in the cases covered by sentence 2, the period is at least one year.

(1) Foreigners whose residence endangers public safety and order, the free democratic basic order or other significant interests of the Federal Republic of Germany will be expelled if, after weighing the interest in their departure against their individual interest in remaining in the federal territory, taking into account all the circumstances of the particular case, there is an overriding public interest in the foreigners’ departure.

3.  ensures his or her subsistence primarily by pursuing an economic activity or it is to be expected, when considering the foreigner’s previous educational, training, income and family situation, that the foreigner will be able to ensure his or her subsistence within the meaning of section 2 (3); receiving housing benefits is not detrimental thereto,

(6) Section 23 (2) in the version valid until 24 May 2007 continues to apply in such cases in which the order issued by the supreme Land authority on the basis of the version applicable until 24 May 2007 provides for issuing a permanent settlement permit where special political interests of the Federal Republic of Germany prevail. Section 23 (2) sentence 5 and section 44 (1) no. 2 apply accordingly to the affected foreigners and the dependants relocating their residence to the federal territory with the former.

1.  has been subject to an incontestable fine of at least 2,500 euros under section 404 (2) no.3 of Book Three of the Social Code or

(1) In derogation from section 5 (1) nos. 1, 1a and 4 as well as section 5 (2), foreigners whose deportation has been suspended are, as a general rule, to be granted a temporary residence permit if, by 31 October 2022, they had resided in the federal territory on the basis of a temporary residence permit, suspended deportation or permission to remain pending the asylum decision for five years without interruption and

(3) On request, the data may also be transmitted to the member states of the European Union and to the European Commission to perform tasks pursuant to Article 27 (1) of Directive 2001/55/EC.

(3a) The security authorities and intelligence services referred to in subsection (1a) immediately notify the Federal Office of Administration of any grounds for denial pursuant to section 3 (2), section 4 (2) of the Asylum Act, section 60 (8) sentence 1 or section 5 (4) or of other security reservations. The Federal Office of Administration promptly makes this information available to the authorities responsible for the asylum procedure and for decisions on residence matters.

1.  the foreigner has left a member state prior to the conclusion of proceedings being conducted there to determine competence or to examine an application for international protection and the circumstances of apprehension in the federal territory provide concrete indications that he or she does not intend to return to the competent member state in the foreseeable future,

(5) The temporary residence permit is issued with a period of validity until 31 December 2009. As a general rule, it is to be extended by two further years as a temporary residence permit under section 23 (1) sentence 1 if the foreigner’s subsistence was ensured up to 31 December 2009 primarily because the foreigner pursued an economic activity or if the foreigner has permanently ensured his or her subsistence at least since 1 April 2009. In both cases, there must be reason to believe that the foreigner’s subsistence will be for the most part ensured in the future. In the case of subsection (1) sentence 4 the temporary residence permit is issued with an initial period of validity until 1 July 2008 and is extended only if the foreigner furnishes proof that he or she meets the conditions of subsection (1) sentence 1 no. 2 by the aforesaid date at the latest. Section 81 (4) does not apply.

(3) As a general rule, foreigners older than 45 are to be granted a temporary residence permit only if they possess adequate provision for old age.

(7) On request, the Federal Office for Migration and Refugees furnishes the competent authority of another member state of the European Union with the information needed to enable the competent authorities of the other member state of the European Union to check whether the requirement of countable previous periods of residency in the federal territory as stipulated in Article 18 (2) (a) of Directive (EU) 2021/1883 for an EU long-term residence permit is met. The information comprises the data referred to in subsection (4) sentence 2 nos. 1 and 2. To this end, at the request of the Federal Office for Migration and Refugees, the foreigners authorities transmit to the Federal Office the data required to provide the information.

(4) On request, the Federal Office for Migration and Refugees furnishes the competent authority of another member state of the European Union with the necessary information in order to enable the competent authorities of the other member state of the European Union to check whether the requirements for short-term mobility stipulated in Article 20 of Directive (EU) 2021/1883 or long-term mobility stipulated in Article 21 of Directive (EU) 2021/1883 are met. This information comprises