Residence permit in Germany

1. A foreign national married to German national;
2. A foreign national married to German resident, who lives in Germany on the grounds of residence permit or permanent residence;
3. Minor children;
4. Reunification of mother with her child from previous marriage.

In case a mother is a foreign national, and a father is a German national, it would be rather difficult for mother to obtain German citizenship by reunification with her children.  Under German law it is possible only in case the father neglects his parental duties. Otherwise, it would be problematic.

Main requirements for the spouses:

1. The age of majority;
2. An alien who wishes to apply for a residence permit on the basis of marriage is required to achieve A1 basic level of competence in German language;
3. In case a person resides in Germany on the grounds of residence permit or permanent residence, he has to prove the availability of housing (purchased or leased) and sufficient funds for living in Germany that are enough to support his spouse.

Special conditions for obtaining a residence permit are available to the spouse of the EU Blue Card holder:

1. It is not necessary to speak German;
2. Spouse and minor children can apply for the residence permit immediately on the basis of family reunification;
3. The spouse has the right to engage in labor activity immediately after receiving a residence permit.

A residence permit on the basis of family reunification is issued for a period of 2 years with the right of extension and further obtaining permanent residence and citizenship in Germany.

1. A foreign national who wishes to obtain residence permit in Germany on the basis of employment, is required to sign employment contract, under condition that his position is not intended for German national, EU national, or foreign national with residence permit or permanent residence in Germany.
2. Employment for highly qualified specialists, holders of EU Blue Card.

As any other country, Germany has a strong need for highly qualified specialists. Aliens can reside in Germany in case they meet the following requirements: 

1. To be a holder of a diploma of higher education from one of German universities or recognized universities of other country.
2. Work experience for the period of at least 5 years;
3. Contract wages should be no lower than €48000. However, in case the occupation is in demand at the moment, the wages should be no lower than €38000.

For EU Blue Card it is necessary to meet all the above requirements and sign a labor contract with an employer, which will state all the working conditions along with the level of wages.

EU Blue Card holder is eligible to change employment in 1,5-year period even outside Germany and to apply for permanent residency upon 21-month period.

An alien who wishes to pursue higher education in Germany has the right for residence permit. There are two types of visa:

1. For applicants (Aufenthaltstitel als Studienbewerber).

This type visa is issued to foreign nationals who wish to enter a university, but not yet enrolled. The visa is issued for a period of 9 months.

2. For students (Aufenthaltstitel als Student).

The basis for this type of visa is enrollment in the university of Germany, as well as confirmation of the availability of funds sufficient for living and studying in Germany.

This type of residence permit is issued for the period of 2 years with extensions until completion of education.

Residence permit is extended for one more year after graduation that allows a foreign graduate to find an employer and stay in the country.

Students are allowed to work on a full-time basis for 3 months or on a part-time basis for 6 months.

Foreign nationals with major savings or a share in a business that brings essential income outside Germany are eligible for a residence permit for a period of 2 years with the right for extension and permanent residence acquisition upon 5 years.

The only condition for residence permit is evidence of funds and absence of intentions to hold job positions in Germany.

A foreign national is not required to take the German proficiency test or stay in the country for a definite period.

Aliens wishing to start up a business, purchase a ready company or relocate their business to Germany have the right for 1-year period residence permit with further extensions for 2 years. In case of successful business and contribution to Germany’s revenues an alien is eligible to apply for permanent residence upon 3 years of residency. German proficiency is not required for business immigrants.

Main ways for business starting in Germany:

1. Startup;
2. Innovation business in Germany;
3. Relocation of business to Germany or establishment of subsidiaries;
4. Acquiring shares in the company based in Germany;
5. Other ways related to starting a new company or purchasing a ready one in Germany.

Main requirements for the applicant:

1. The authorized stock capital of the company makes € 250 000 or more;
2. Minimum number of 5 job positions for German nationals;
3. Business-plan which demonstrates serious intentions and envisages economic development;
4. Evidences of usefulness and cost-effectiveness for the country, while setting up a business on its territory;
5. The business should bring the real profit for the country’s economy.

Foreign nationals of Germanic origin wishing to return to their historical homeland are eligible to apply for residence permit to Federal Office of Administration. The decision on entering the country with further staying in it is made after the confirmation of belonging to German nation.

Government of Germany actively hosts Jewish nationals who wish to reside in the country. However, the preference is given to persons who can provide material support for themselves and their families. Each application is considered individually. The adoption of positive decision implies issuance of residence permit for the period of 3 years and further citizenship acquisition.