(1) Fees and expenses shall be charged for official acts performed under this Act and for statutory instruments issued in enforcement of this Act. 7. for other individually attributable public services rendered for the benefit of minors: half the fee determined for the public service. Residence Act (Aufenthaltsgesetz, AufenthG)(07/2007), Decisions by Foreign Courts on German Law, Media, Post, Information and Data Statutes, Nationality, Immigration and Asylum Statutes, German Law in English – A select bibliography, Administrative Procedure Act (Verwaltungsverfahrensgesetz, VwVfG), » Residence Act (Aufenthaltsgesetz, AufenthG) German Law Archive, Protection against Infection Act (Infektionsschutzgesetz, IfSG), Renewable Energy Sources Act 2017 (Eneuerbare-Energien-Gesetz 2017, EEG 2017), NJW 2017, 3643 – Third Gender in Civil Status Law (Excerpts) (3. 1 may be waived if the foreigner credibly asserts that he or she does not intend to evade deportation. The notification shall take place as soon as the German authority ordering the measure concerned pursuant to Section 71 informs the Federal Office for Migration and Refugees of the intended or effected measure. (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. The Act did not specifically address guest workers or ethnic German resettlers. Section 56 Special protection from expulsion. (2) His or her residence shall be restricted to the district of the foreigners authority concerned, unless the foreigners authority stipulates otherwise. In justified individual cases, the Federal Ministry of the Interior or the body designated by it may permit exceptions to sentence 1 before the foreigner enters the federal territory for the purpose of crossing the border, and for a subsequent stay of up to six months. Where the foreigner holds a residence permit, the other conditions stipulated in sub-section 1, sentence 1, no. 3. the breaches specified in Section 6 (3), nos. Fees may also be set orally. 3. the found document is required for the purposes of criminal proceedings or as evidence in other proceedings. (2) Notifications pursuant to subsection 1 should contain the following information on the foreigner who is obliged to register with the authorities: 1. surname, name at birth and given name(s). (3) Foreigners who fulfil the requirements stipulated in subsection 1 shall be entitled to take up research in the host research establishment and to take up teaching activities. 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 must make the notification as soon as it becomes aware of this intention. Residence Visa / Long Stay Visa 19.01.2021 - Article. The data collected pursuant to Section 49 (3) to (5) or (7) shall be erased by all authorities storing such data if. (2) If the minor, unmarried child is aged 16 or over and if he does not relocate his main ordinary residence to Germany together with his parents or the parent possessing the sole right of care and custody, subsection 1 shall only apply if the child speaks German and appears, on the basis of his education and way of life to date, that he will be able to integrate into the way of life in the Federal Republic of Germany. (3) A contractor who has commissioned another contractor to perform work or render services shall be liable for fulfilling the obligation of the latter contractor pursuant to subsection 1 in the same way as a surety which has waived the defence of unexhausted remedies. 1 and Section 29 (1), no. (6) In the cases covered by subsection 1, nos. 1 shall cover the foreigner’s personal data, including his nationality and address, information relating to the passport, measures undertaken 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. The duration of lawful stay with a national visa shall be offset against the periods of possession of a residence permit, settlement permit or EC long-term residence permit. The processing fee to apply for a permanent settlement permit or an EU long-term residence permit must not exceed half the fee charged to issue the respective permit. By way of derogation from Section 5 (1), no. (5) Section 20 (7) shall govern the extension of the temporary residence permit following the completion of the research activities. Where both parents or the parent possessing sole right of care and custody hold a residence permit, a settlement permit or an EC long-term residence permit at the time of birth, the child born in the Federal territory shall be granted a residence permit ex officio. 3. to determine in which cases the approval of the foreigners authority shall be required for the granting of a visa, in order to ensure the involvement of other authorities concerned, 3a. (3) A foreigner whose asylum application has been incontestably rejected or who has withdrawn his or her asylum application may only be granted a residence title prior to leaving the Federal territory in accordance with the provisions of Part 5. 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. 1; the foreigner shall be deported directly from detention or public custody. (7) A foreigner should not be deported to another state in which a substantial concrete danger to his or her life and limb or liberty applies. Article 4 (4) and Articles 7 to 10 of 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 require international protection and the content of the protection granted (Official EU Journal no. 1. according to which the other Member State of the European Union is intending to carry out or is carrying out residence-terminating measures against a foreigner who holds an EC long-term residence permit. The rising number of asylum seekers and immigrants in the late 1980s made migration policy a focus of the federal elections in 1990. c) in the cases covered by Section 42, sentence 1 of the Asylum Procedure Act, the assessment is revoked or becomes null and void. (6) The Federal Office of Administration shall check the data stored in the database for found documents against the data transmitted by, 1. an authority responsible for establishing the identity or nationality of a foreigner pursuant to Section 16 (2) of the Asylum Act and, 2. an authority responsible for criminal prosecution or police measures to avert dangers to establish a foreigner’s identity or attribute evidence. 1 and Section 29 (1) no. The deadline stated in sentence 2, no. Generally, individuals are deemed to be resident: if they have a residence in Germany that they use, or that is at least available to them, or; if they have a habitual abode in Germany. The Federal Office for Migration and Refugees. By way of derogation from Section 5 (1), no. 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 pursuant to subsection 2, no. 2 or has not been obliged to participate in an integration course pursuant to Section 44a (2), no. The duration of former possession of a residence permit or settlement permit, if the foreigner was in possession of a settlement permit at the time of leaving the Federal territory, minus the duration of intermediate stays outside of the Federal territory which led to expiry of the settlement permit; a maximum of four years shall be taken into account. (4) The German diplomatic missions abroad shall be responsible for measures and determinations taken or made pursuant to subsections 1 and 3 abroad. 3 shall also be 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. The temporary residence permit shall entitle the holder to pursue an economic activity. 3. contravene the laws of the Federal Republic of Germany, particularly in connection with the use of violence. 2, subsection 2, nos. Periods of residence outside of the federal territory shall not be deemed to interrupt the period of residence pursuant to Section 9a (2), sentence 1, no. 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 Procedure shall remain unaffected. A further extension of the visa by three months within the six-month period concerned shall only be possible subject to the requirements of sub-section 1, sentence 2. (2a) Derogation from the requirements stipulated in subsection 1, sentence 1, nos. Sections 34 (1) and (2) and Section 37 of the Act on the Central Aliens Register shall apply mutatis mutandis with regard to notification of the data subject and invalidation of the data. 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. 3. the application for the temporary residence permit is filed after the foreigner reaches the age of 15 and before he reaches the age of 21, and within five years of departure. The certificate may otherwise 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. c) endorses or promotes crimes against peace, against humanity, war crimes or acts of terrorism of comparable severity. Transit operations shall be carried out on the basis of intergovernmental agreements and legislation of the European Union. (1) The Commissioner shall be involved at the earliest possible juncture in law-making projects of the Federal Government or individual federal ministries and in other matters relating to her remit. (4) When it becomes aware of the expenditure of public funds to be reimbursed pursuant to subsection 1, the foreigners authority shall immediately notify the public body which is entitled to the reimbursement as to the declaration of commitment pursuant to subsection 1, sentence 1, and shall furnish said body with all the information necessary to assert and enforce the reimbursement claim. (1) By way of derogation from Section 5 (1) no. 1, also in conjunction with sub-section 4, and in cases covered by sub-section 2, nos. Compelling humanitarian grounds for the issue of the residence permit pursuant to section 25 can be: 1 may be waived if the foreigner has acquired a recognised school-leaving qualification in the Federal territory. (10) As from 1 February 2016, Section 73b (4) shall apply to persons concerned pursuant to Section 73b (1) who pursue their activities as non-seconded employees of the Federal Foreign Office in a diplomatic mission abroad. (1) A right of unlimited residence (Aufenthaltsberechtigung) or unlimited residence permit (unbefristete Aufenthaltserlaubnis) issued prior to 1 January 2005 shall remain valid as a permanent settlement permit in accordance with the purpose of residence and the circumstances forming the basis for its issuance. The calculation of the fees is to be 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. 1 of the Administrative Offences Act shall be the customs administration authorities. The competent foreigners authority shall otherwise provide notification that it has no knowledge of any pertinent information. 2. the foreigner possesses a temporary residence permit and has resided in the federal territory for at least five years. 2 may be waived until 1 July 2008. A written record shall be made of the fact that such data have been noticed and deleted. 2, or, 2. he 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. 2. important personal grounds relating to the foreigner exist. (3) A deportation order may not be enforced if the conditions pertaining to a deportation ban pursuant to Section 60 (1) to (8) apply. Where rejections are made within the allotted time, the foreigner must cease his employment without delay; the exemption from the residence title requirement pursuant to subsection 1, sentence 1, shall cease to exist. If the foreigner takes part in a Union or multilateral programme that comprises mobility measures, the temporary residence permit shall be granted for at least two years. Application of subsections 1 and 2 may be waived in the other cases of issuing a residence title pursuant to Chapter 2, Part 5. 6. he provides evidence of his professional qualifications. The foreigners authority shall decide 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 and 3 and subsection 3, sentence 1, no. A period of at least three months shall be allowed for departure. Subsection 1, sentence 2 and 3, and subsections 2 to 4 shall apply accordingly. (1) As a general principle, custody awaiting deportation shall be enforced in specialised detention facilities. (1) Save in the cases covered by sub-sections 2 to 7, a foreigner’s residence title can only be revoked if. Section 88 Transfer in case of special statutory regulations on the use of data. 1. the foreigner pursues an economic activity without the necessary permit, 2. the foreigner fails to make adequate progress with his or her studies, with due regard to the average duration of study for the course of study at the higher education establishment concerned and taking into account his or her individual situation, or. 1, provided the foreigner, 1. resided in said other member state of the European Union holding an EU Blue Card for at least 18 months and. In cases covered by sentence 1, no. (4) A longer period shall generally be granted pursuant to subsection 1, no. A foreigner can otherwise be prohibited from leaving the Federal territory only if he or she intends to enter another state without being in possession of the necessary documents and permits. 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. In the cases covered by sentence 1, no. To this end the data pursuant to sentence 1 shall be stored in the technical device. 1 to 2 and 4 and subsection 2 shall be waived in the cases of Section 25 (4a) and (4b). This shall not apply if the foreigner was unable to register for an integration course within that period for reasons beyond his control. (2) The requirement to leave the Federal territory shall be enforceable if the foreigner. (1a) The same punishment shall be applicable to anyone who wilfully commits an act specified in Section 404 (2), no. (11) Article 4 (4), Article 5 (1) and (2) and Articles 6 to 8 of 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 require international protection and the content of the protection granted (Official EU Journal no. (2) Other dependants 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 particular hardship. The subsequent immigration of dependants shall not be granted in the cases covered by Section 25 (4), (4b) and (5), Section 25a (2), Section 25b (4), Section 104a (1), sentence 1, and Section 104b. (2) A foreigner may be prohibited from leaving the federal territory in appropriate application of Section 10 (1) and (2) of the Passport Act. Section 31 shall apply accordingly. (3) Before the temporary residence permit is extended, it must be ascertained whether the foreigner has fulfilled his obligation to duly attend an integration course. In accordance with sentence 1, only photographs and prints of all ten fingers may be taken. (3) The residence permit entitles the holder to take up employment totalling no more than 90 days or 180 half-days per year, and to take up spare-time student employment. (2) The following items of information shall be stored in the register: a) The personal details – with the exception of former names and the home address in Germany -, the last place of residence in the country of origin, the region of origin and information furnished voluntarily on the foreigner’s religion. 2. sufficient living space must be available. 1. has begun studies in another member state of the European Union, 2. has been accepted by a state or state-recognised university or a comparable educational institution for study purposes in the federal territory, and, 3. wishes to carry out part of his studies at an educational institution in the federal territory, and. Procedure Act and the available accommodation capacities shall be obliged to admit the foreigners concerned. 2 and subsection 3, no. 5 to 7 of the Identity Card Act. (2) The agreed remuneration shall be considered to be the usual remuneration unless the employer agreed a lower or higher remuneration with the foreigner on a permissible basis. 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 has then been apprehended. The authority to grant residence represents the public interest only and does not constitute any rights on the part of the foreigner. Making multiple copies without permission is prohibited. (2) Refusal and restriction of a visa and of a passport substitute prior to the foreigner entering the Federal territory shall not require any statement of grounds or information on available legal remedies; refusal at the border shall not require written form. A transport contractor who culpably contravenes a ruling pursuant to Section 63 (2) shall, in addition to the foreigner, be 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). Sentences 1 to 5 shall also apply to foreigners who possess a temporary residence permit issued pursuant to Section 23 (4), unless the conditions for its withdrawal are met. (4) A residence title shall be denied if there is a public interest in expelling the foreigner within the meaning of Section 54 (1) no. (2) His residence shall be restricted to the district of the foreigners authority concerned, unless the foreigners authority stipulates otherwise. The foreigners concerned shall be issued with a residence permit or settlement permit, in accordance with the approval for admission. The supreme Land authority may permit exceptions to sentence 1 in individual cases. 11. coerces or attempts to coerce another person into entering into marriage. 3. the host entity and its business have been wound up in insolvency proceedings. (6) Measures within the meaning of subsections 3 to 5, with the exception of subsection 5, no. Application ( provisional residence document ) on crossing the border granted pursuant to Section 49a ( 1 ) way. ( provisional residence document ) relevant aid and assistance organisations should be announced at least six years were transmitted leaving... Applying for a training place is now also possible ( Section 9a ( )! Apprentices undergoing training in the form of occupational activity and restrict the to! Completion of the foreigner pursuant to sentence 1, the foreigners authority which has reached the age of 14 be. 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