Overview of German right of abode

Stay in Germany

abstract

The new Residence Law promulgated on July 30, 2004 stipulates the right to enter and reside in Germany in the German Aliens Law. These include the obligation of passport, the general premise of obtaining residence qualification and the special requirements of various residence qualifications. This law restricts and regulates foreigners entering Germany. This law generally applies to all foreigners from non-EU countries and/or not subject to German jurisdiction and/or without diplomatic or consular privileges.

In principle, you must have a recognized or valid travel passport to enter the Federal Republic of Germany (Article 3 of the Residence Act). Even if you have the residence qualification, you must show your passport. Under certain circumstances, it shall be implemented in accordance with the provisions and exceptions stipulated by the competent authority.

To obtain residence qualification, one should meet the general conditions (Article 4 of the Residence Law). Your living expenses must be guaranteed. Identity and/or nationality must be clarified. There is no reason to be deported. If there is no specific requirement for a residence qualification, it should be ensured that the residence will not harm the interests of the Federal Republic of Germany. China citizens need to obtain residence qualification to enter and stay in Germany. China citizens are no exception. Residence qualification includes visa, residence permit and immigration permit.

visa

There are different visas for different periods of stay (Article 6 of the Residence Law).

& lt short-term visa (Schengen visa)

According to the Schengen agreement, the holders of such visas also have the right to stay in all the member countries of the agreement, such as Italy and France. Visiting visas are issued in accordance with the provisions of the German Aliens Law (first of all, the Residence Law) and the European Union Law. According to the residence law, there are no special requirements for the way of visiting or the visa for visiting. However, visas can only be issued if the residence of foreigners does not affect or endanger the interests of the Federal Republic of Germany. Applicants must prove that they are economically safe during their stay in the Federal Republic of Germany and cannot use public funds. This can be guaranteed by a German "host" (inviter) for possible expenses, such as possible hospitalization expenses. According to the decision of Council of Europe, since June 1, 2004, Schengen countries began to implement universal travel medical insurance (the insurance amount is 30,000 euros). It can be submitted by the applicant in his own country or by the "host". If the applicant does not meet the above requirements, his application will be rejected. Reject unreasonable and legal explanations. According to article 83 of the Residence Law, this decision cannot be rejected.

& lt Long-term residence and working residence

Foreigners who stay for more than three months or stay for work reasons must apply for a visa in principle. There are exceptions for EU citizens and people of other nationalities, but there are no exceptions for China citizens. The basic provisions are as follows (applicable to China citizens):

You must apply for a visa before entering the country. Generally, it must be recognized by German foreign administrative authorities. After foreigners enter the country, this work should be undertaken by the authorities of the foreigner's residence. Generally, the administrative organs of foreigners will be handed over to other organs, so the approval process alone may take as long as three months.

& lt jurisdiction

According to the law (Article 7 1 Paragraph 2 of the Residence Law), the representative offices of the Federal Republic of Germany and China in foreign countries, even the consulates, are responsible for issuing visas. According to the explanation of the German Foreign Ministry, German representative offices in foreign countries will decide whether to issue short-term visas within 2 to 10 working days. As mentioned above, the approval of applying for a long-term visa may last for several months. Generally speaking, the waiting time at rush hour may be longer.

Residence permit and immigration permit

& lt Different forms of residence permits

The residence permit is a kind of residence qualification with a limited period (Article 7 of the Residence Law). According to the provisions of the residence law, residence qualifications can be issued for various purposes. The common reason for obtaining a residence permit is education (articles 16 and 17 of the Residence Law). Especially for studying in German universities, attending language training or entering primary and secondary schools. It can also include applying for a residence permit to prepare for university study. The relevant departments will consider all relevant information, such as the nature of study, the estimated study time, the applicant's age and language proficiency. The validity period of university study residence permit is generally 2 years and can be extended. The residence permit applied for preparing for study shall not exceed 2 years at the longest. A residence permit can also be issued for enterprise training or continuing education (article 17 of the Residence Law). The decision-making power ultimately lies in the judgment of the relevant responsible departments. Generally, this situation requires the consent of the federal labor office. In addition, you can also apply for residence and work in Germany, including subordinate work (article 18 of the Residence Law) and independent practice (article 2 1 of the Residence Law). For the residence permit for independent practice, please refer to the right of abode of the person in charge of a limited liability company.

In principle, the residence permit for subordinate work needs to be approved by the Federal Labor Office. See article 39 of the Residence Act. According to whether a job requires professional qualifications, there are special regulations to determine whether the permission of the federal labor office is needed. The law lists the types of work that can be licensed. Even if the federal labor bureau has approved it, it still needs to pass the audit of the relevant authorities. According to article 18 1 of the Residence Law, whether to allow foreign employees to enter the country depends on the economic situation (demand) of the Federal Republic of Germany. In particular, the situation of the labor market needs to be considered. It is relatively difficult to find a subordinate job in Germany, where the economy is in recession. According to article 18, paragraph 5, of the Residence Law, a residence permit for the purpose of working for subordinates can only be issued if a specific job position is obtained.

& lt Immigration Permit (indefinite residence)

Immigration permit is an indefinite residence qualification (Article 9 of the Residence Law), by which you can engage in any occupation in Germany. In addition, it has no time and space restrictions. In addition, there are no subsidiary regulations. The corresponding preconditions for handling immigration permits will be very harsh.

If the following conditions are met, the relevant departments will issue immigration permits. Provided that the foreigner:

& lt has a five-year residence permit.

& lt There is financial security in life.

< You can prove that you have voluntarily or compulsorily paid the premiums of statutory endowment insurance for at least 60 months, and you can also submit the certificate that you have paid the corresponding premiums in insurance or pension institutions or insurance companies.

& lt He has not been sentenced to juvenile detention or imprisonment for more than 6 months or daily fine of more than 180 euros for intentional crimes in the last three years.

& lt If you are a worker, you have a work permit.

& lt Have other licenses required for practicing.

& lt has sufficient knowledge of German (at least through B 1).

& lt Have a basic understanding of federal laws and regulations, social norms and living habits.

& lt My family and I have a big enough house.

Article 9 of the Residence Law specifies the above provisions. Especially for high-quality talents, the policy is tilted in immigration permission. See article 19 of the residence law.

Relevant authorities and procedures for applying for and extending residence.

The German Aliens Administration is responsible for and decides all matters related to residence and passports (article 765-438+0 of the Residence Act). Passports and visas are handled by German representative offices abroad. Therefore, it is generally necessary to apply for a visa in a German representative office abroad before applying for a residence permit in Germany.

Relevant authorities and procedures for applying for and extending residence.

The German Aliens Administration is responsible for and decides all matters related to residence and passports (article 765-438+0 of the Residence Act). Passports and visas are handled by German representative offices abroad. Therefore, it is generally necessary to apply for a visa in a German representative office abroad before applying for a residence permit in Germany.

Right of abode of managers and shareholders of limited liability companies

& lt？ Possible ways to establish a limited liability company

Generally speaking, every foreigner can set up a limited liability company in Germany or in the form of "EinMannGmbH". This is a company form with only a single shareholder, and usually the shareholder is also the sole manager of the company. Can a foreigner become a company manager only if he holds a valid residence permit? There is no definite answer to this question. The Dresden Regional High Court gave a negative answer to this question on the grounds that it was too harsh on company managers. So far, there is no uniform legal provision on this issue. It is likely that different regions will have different legal provisions.

Possibility of manager's residence in< limited liability company

As a manager of a limited liability company or an independent practice residence permit (article 2 1 of the Residence Law), although the manager is also an employee of the company and receives salary from the company, his work is relatively independent. This article is especially applicable to managers who are also the executive shareholders of a company or even a single company. Article 2 1 of the Residence Law is also a "non-mandatory provision". That is, the relevant departments have certain freedom to decide. Even if the applicant meets all the following conditions, he still has no right to ask for permission, but can only ask the relevant departments to make appropriate decisions, if irrelevant norms are not considered.

Meet the following conditions, you can issue a residence permit to start your own business and serve as the manager of a limited liability company:

& lt This work has high economic significance or special regional needs.

& lt It is expected that this work will have positive significance for economic development.

& lt This job is guaranteed by personal investment or loan.

In the Regulations, the above three conditions are explained in detail through the so-called "Regulations Case". That is to say, if these characteristics listed in the law are met, it is generally (but not necessarily) considered that the required conditions are met. On the contrary, if you do not meet the above characteristics, it does not mean that you must not issue a residence permit. If you invest at least 10 million euros in an independent enterprise and provide10 jobs, you have usually met the first and second conditions mentioned above. In addition, the evaluation basis for whether the above conditions are met mainly includes:

& lt Business ideas and success potential at work.

& lt applicant's business experience.

& lt amount of invested capital

& lt's Impact on Employment and Training in Germany

& lt's contribution to the field of innovation and research

Local chambers of commerce and industry play a very important role in the evaluation based on the above conditions. Legal support is evaluated by professionals, industrial and commercial authorities, public law workers' unions and professional licensing agencies. The local chamber of commerce and industry is familiar with the local situation. Without the permission of the local chamber of commerce and industry, even if a limited liability company with a small registered capital is established, it is generally impossible to obtain the residence permit stipulated in Article 2 1 of the Residence Law only by registering the planned company. According to practical experience, you should apply for a residence permit as soon as possible, which can be started at the same time or earlier when the company handles industrial and commercial registration. The Chamber of Commerce and Industry needs as specific a basis as possible to make a judgment. For example, it can be a business plan, including the concept and business philosophy of the limited liability company to be established. Marketing plan, education level and professional knowledge of the applicant, realized and predicted turnover, fund raising, etc. are usually factors to be considered. If the company can create new employment opportunities, it will be a very favorable condition. Applicants over the age of 45 must prove that they have corresponding old-age security. The maximum residence permit for independent practice is 3 years. You can apply for an immigration permit after 3 years (the exception mentioned above). This exception can be applied if the applicant has a good job performance and can ensure his living needs (Article 2 1 Paragraph 4 of the Residence Law).

& lt Shareholders of a limited liability company

Shareholders of a limited liability company, who only participate in the shares but not in the company's operation, cannot obtain a residence permit according to Article 2 1 of the Residence Law. Because shareholders who only participate in shares do not need to stay in Germany. It is also the act of buying shares of German joint-stock companies to participate in shares. The management of shares can also be carried out abroad.

domestic

According to this principle, Germany supports families to move with them (article 27 of the Residence Act, paragraph 1). This principle is the protection of the family stipulated in Chapter VI of the German Basic Law. The following only involves the families of foreigners who move with them. In principle, a foreigner's family must meet the following conditions:

& lt Foreigners have immigration or residence permits.

& lt There is enough housing space.

There are special rules for spouses to move with them. According to Article 30 of the Residence Law, a foreigner who meets one of the following conditions must issue a residence permit to his spouse:

& lt has an immigration permit.

& lt Obtaining a residence permit for humanitarian reasons (this is rare)

& lt Have (ordinary) residence permit for 5 years.

& lt Marriage already exists when the residence permit is obtained, and the foreigner is expected to stay in Germany for more than 1 year. The expansion process can be simplified.

Article 32 of the Residence Law stipulates that children move with them, which refers to minors and unmarried children. When parents (or single parents with maintenance obligations) have residence permits or immigration certificates, children can also obtain residence permits. Within the federal scope, children's life scope must be as limited as that of their parents (or single parents). If the child is under 16 years old, the conditions can be wider. As long as parents have immigration or residence permits. The conditions for granting permission to children aged 16 are that they must prove that they have mastered German or foresee that they can adapt well to German society (judged by their education and living environment). Under special circumstances, residence permits can also be issued to foreigners' children on the basis of not meeting the above conditions.