General matters concerning foreign nationals

The arrival and residence of foreign nationals in Germany are regulated as per a wide range of statutory legal provisions and in accordance with that person’s country of origin, their personal situation and the reason for their entry into the country. These include the Residence Act (AufenthG), the Freedom of Movement Act (FreizügG/EU), the Asylum Act (AsylG) and other related ordinances, conventions, agreements and directives.
Foreign nationals who come from non-EU member states require a residency permit in order to enter and remain in Germany. These include:

• a visa (Section 6 Residence Act [AufenthG])
• a time-limited residency permit (Section 7 Residence Act [AufenthG])
• a blue card (Section 19a Residence Act [AufenthG])
• an indefinite settlement permit (Section 9 Residence Act [AufenthG])
• an indefinite permit to remain permanently in the country (Immigration Act [EG])

If a visa is required for a person’s entry into Germany, this must be applied for at the German Embassy in the individual’s respective home country.

All other residency permits shall be issued by the respective Immigration Office once the requirements have been met.

Those foreign nationals who do not fulfil the applicable conditions for granting a residency permit and who are required to leave the country, for example, following the negative outcome of an asylum application, will be permitted temporary residency under certain conditions.

Rules governing the residency of asylum seekers during the application process:
Applications for asylum are decided by the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge). Every asylum seeker will receive a residency permit during their current asylum procedure, the validity of which is extended by Heidekreis. Asylum seekers are assigned to Heidekreis and are therefore required to take up residency at the stipulated address while their asylum application is processed and for as long as they use social welfare services to secure their own livelihoods. If a person’s asylum application is rejected, the Immigration Office shall organise their departure or deportation including, among other things, the procurement of identification documents.

If a person is deemed entitled to asylum, they shall receive a travel document and residency permit from the Immigration Office. Asylum seekers have the option of obtaining an employment permit after three months, if this has been approved by the Federal Employment Agency (Bundesagentur für Arbeit). In order for this to happen, a completed job description must have been submitted by the employer. With regard to a non-remunerated internship, efforts must first be coordinated with the Immigration Office prior to commencement of the internship in order to ascertain whether this requires federal approval.