Residence permit Germany: rights, requirements and application

Are you from a third country and want to come to Germany? Foreign nationals generally need a residence permit to legally stay in Germany. The type of German residence permit you need depends on the purpose and duration of your stay. In this article, you’ll find everything you need to know to apply for your residence permit for Germany correctly and successfully.

Contents:

• Who needs a residence permit for Germany?
• How many residence permits are there in Germany?
• How do the residence permits for Germany differ?
• Which residence permit allows me to work in Germany?
• Who qualifies for a permanent residence permit?
• How is a residence permit applied for and issued?
• Do I need a visa to enter Germany?
• Do I need health insurance in Germany?
• Which travel insurance should I choose for a visa?

Who needs a residence permit for Germany?

People from countries outside the EU and the Schengen Area need authorization to enter Germany. The type of residence permit you need depends on the purpose of your travel and stay. For stays up to 90 days, a so-called Schengen visa can be used. However, for longer-term or permanent stays in Germany, you will need a national visa to enter Germany, followed by a residence permit for Germany which can be applied for at the relevant foreign nationals authority.

Exceptions apply to nationals from Japan, Australia, Canada, Israel, the Republic of Korea, New Zealand, the United Kingdom, Northern Ireland, and the United States (Source: Federal Foreign Office). They may travel to Germany for a long-term stay without a visa and apply for the required residence permit after their arrival at the relevant authority. It is recommended to do this as soon as possible after entering Germany.

EU citizens generally do not need a residence permit. The principle of free movement allows European Union citizens to move, work, and live freely in member states. Additionally, the residence law does not apply to EU citizens' family members and diplomats.

How many residence permits are there in Germany?

The Federal Ministry of the Interior and Homeland (BMI) distinguishes between seven different residence permits for Germany. Two of these permits are granted indefinitely (the settlement permit and the EU permanent residence permit), while the others are only granted temporarily. An extension is possible if the conditions at the time of initial granting are still met and an integration course has been successfully completed.

Overview of residence permits for Germany:

1. Visa (temporary)
2. Residence permit (temporary)
3. ICT card (temporary)
4. Mobile ICT card (temporary)
5. EU Blue Card (temporary)
6. Settlement permit (permanent)
7. EU permanent residence permit (permanent)

Good to know: The temporary suspension of deportation (Duldung) and the residence permit for asylum seekers are not residence permits. The residence permit for asylum seekers grants asylum seekers a temporary right to stay for the duration of the asylum process. The tolerated stay, on the other hand, is not legal (but also not punishable). People under tolerated status remain subject to deportation, but deportation cannot currently be enforced. (Source: Asylum and Migration Information Network)

How do the residence permits for Germany differ?

The seven residence permits differ mainly in their requirements, validity, fees, mobility within the EU, and access to the labor market. The application process also varies. A visa is applied for before the trip at the German consulate, allowing visa-required nationals to enter Germany for the first time. The remaining residence permits are applied for locally in Germany at the relevant foreign nationals authority. Whether you need a visa for your trip to Germany can be found further down in this article.

1. Visa

Residence permits that are issued prior to entry by a German foreign mission are called visas. The visa is an independent German residence permit according to the Residence Act (§§ 4 Abs. 1 Satz 2 Nr. 1). You can apply for a Schengen visa (for short stays up to 90 days) or a national Germany visa (for long stays over 90 days). The visa application is submitted to a German foreign mission (German embassy or German consulate). A national visa is usually issued for six months and can be converted into a residence permit.

• Validity/Duration of Stay: A short-term visa allows a stay of up to 90 days in a 180-day period, while a long-term visa allows a stay of up to 6 months.
• Mobility: With both visas, you can move freely within the Schengen area, but you may stay in another member state for a maximum of 90 days (in a 180-day period).
• Cost: A Schengen visa usually costs 80 euros, while a long-term visa costs 75 euros.

2. Residence Permit

A residence permit is a temporary residence title for Germany. It is granted for the following reasons: stay for educational purposes (§§ 16-17 AufenthG), stay for employment purposes (§§ 18-21 AufenthG), stay for international, humanitarian, or political reasons (§§ 22-26 AufenthG), stay for family reasons (§§ 27-36 AufenthG). The residence permit can be extended if the purpose of the stay remains the same (studies, work, family reasons). For an extension, it is also essential that the applicant has fulfilled the requirement to participate in an integration course.

• Validity/Duration of Stay: The residence permit is usually issued for three years and can be extended afterward. In some cases, an unlimited settlement permit can be applied for after three years, but no later than after five years, if you can support yourself and have good proficiency in the German language (Level A2). (Source: BAMF)
• Mobility: If you have a German residence permit, you may stay in another EU country for up to 90 days, but you are not allowed to live or work there.
• Cost: The fee for issuing or extending a temporary residence permit is usually between 93 and 100 euros. (Source: Bundestag)

3. and 4. ICT Card & Mobile ICT Card

The ICT Card and Mobile ICT Card are special residence permits for intra-company transfers of executives, specialists, and trainees. They are issued if a third-country national temporarily works at a German branch for a limited time. The intra-company transfer must last at least 90 days in Germany; otherwise, applying for an ICT Card is not an option. Further details are regulated by the Residence Act §§ 19b.
Good to know: If an ICT Card or Mobile ICT Card is issued in Germany, spouses and minor unmarried children receive a residence permit for the same period (Source: BAMF).

• Validity/Duration of Stay: It is generally issued for a maximum of 3 years, while for trainees, it is limited to 1 year.
• Mobility: With the ICT Card, you can work in another European branch of your company for 90 days within a 180-day period. Your employer only needs to inform the relevant authorities. The same applies if you wish to come to Germany with an ICT Card from another country.
• Cost: The fee for an ICT Card is 100 euros, and for a Mobile ICT Card, it is 80 euros. (Source: Federal Ministry of Justice)

5. EU Blue Card

The EU Blue Card is a temporary residence permit for academic professionals, graduates with qualified training in Germany, and the self-employed. The EU Blue Card is a residence permit that enables highly qualified third-country nationals to work and live in an EU member country (including Germany and Austria). The EU Blue Card is somewhat similar to the Green Card in the USA. To obtain an EU Blue Card, you must meet certain requirements (university degree, employment contract, and minimum salary threshold). For shortage occupations, the salary threshold is lower to attract more qualified professionals to Germany. Holders of an EU Blue Card enjoy significant advantages, such as the issuance of an unlimited settlement permit after a shorter period and facilitated family reunification. Additionally, you can stay abroad for up to twelve months without the card expiring.

• Validity/Duration of Stay: The EU Blue Card is generally issued for four years. If the employment contract is shorter than four years, the residence permit's validity will also be adjusted. After five years, you can apply for an EU long-term residence permit.
• Mobility: If you have held an EU Blue Card for at least 18 months, you can travel visa-free to another EU country for employment. There, you apply for the country's EU Blue Card within one month of entry at the relevant authority. (Source: BAMF)
• Cost: The fee for an EU Blue Card is usually 100 euros. A reduced fee schedule applies for Turkish nationals. (Source: City of Berlin)

6. Settlement Permit

The settlement permit is an unlimited residence title that allows foreigners to permanently reside and work in the country without a time limit. It provides extensive equality with German nationals, such as access to the labor market and social benefits. Unlike the residence permit or the EU Blue Card, which are time-limited, the settlement permit offers a long-term perspective for people who wish to stay in Germany.

7. EU Permanent Residence Permit

The EU Permanent Residence Permit is an unlimited residence permit and a special form of permanent residency. With this permit, you have the right to live and work not only in Germany but also the option to obtain a residence permit to live and work in other EU countries. Unlike the permanent residence permit, the EU Permanent Residence allows extended mobility within the EU. You may apply for this permit in addition to a permanent residence permit.

Which residence permit allows me to work in Germany?

Non-EU citizens can only work in Germany if their residence permit explicitly allows it. For example, a residence permit for the purpose of education (§§ 16-17 of the Residence Act) or for employment purposes (§§ 18 ff. of the Residence Act) also serves as a temporary work permit. Below is an overview of the types of residence permits with which you can work in Germany, and those with which you cannot:

❗ Good to know: Even if you do not yet have a residence permit but are an asylum seeker or tolerated person, you can start working three months after your arrival in Germany. However, you must meet certain requirements and obtain approval from the local foreigner's office and the Federal Employment Agency. This also applies to minor employment. If you have been in Germany for four years, the Federal Employment Agency's approval is no longer required.

Who is eligible for a permanent residence permit in Germany?

To obtain a permanent residence permit, such as a permanent residence permit or the EU Permanent Residence, you must have lived in Germany for a few years and meet certain conditions.

Requirements for a Permanent Residence Permit:

In certain cases, shortened waiting times apply for a permanent residence permit. For example, skilled workers or researchers can apply for a permanent residence permit in Germany after four years. Graduates of a study program or vocational training can obtain the permit sooner, as well as civil servants, EU Blue Card holders (after 33 months, or 21 months with good German language skills), the self-employed, and family members of a German citizen. Detailed information can be found on the BAMF website.

Requirements for EU Permanent Residence:

Good to know: Certain residence permits, such as a residence permit for humanitarian reasons or for the purpose of education, exclude the possibility of obtaining EU Permanent Residence. (Source: Make it in Germany)

• Validity/Duration of Stay: unlimited
• Cost: generally 113 euros (a reduced fee applies for Turkish citizens); for the self-employed, 124 euros; for highly qualified professionals, 147 euros.
• Mobility: With the settlement permit, you may stay in another EU country for up to 90 days. However, you may not reside or work there. You can leave Germany for up to six months before the title expires (though there are various exceptions). Unlike the EU long-term residence permit, the settlement permit does not allow visa-free settlement in another Schengen country.
  • Validity/Duration of Stay: unlimited
  • Cost: 109 euros (a reduced fee applies to Turkish nationals)
  • Mobility: If you wish to stay outside the EU (or in EU countries Denmark and Ireland), you may leave Germany for up to twelve months. If you want to move to another EU member state (excluding Ireland and Denmark), you can stay there for up to six years, after which the permit in Germany will expire. You do not need a visa in the other member state and can apply for a residence permit locally (for example, a new EU Permanent Residence in the respective country).
  • Visa: With a short-term visa (Schengen Visa), you are not allowed to engage in employment, but you may attend business meetings or trade fairs. For this, you need to apply for a Schengen Visa for business purposes. If you want to work in Germany or intend to work, you must explicitly apply for a work visa, a training visa, or a job-seeking visa as a long-term visa (national visa).
     
  • Residence Permit: A residence permit does not automatically grant the right to work in Germany. The notation "Authorization to engage in employment" must be explicitly stated on the residence permit (on the electronic residence title or adhesive label). A residence permit for the purpose of education (§§ 16-17 of the Residence Act) or for employment purposes (§§ 18-21 of the Residence Act) allows employment in Germany. (Source: BMI)
     
  • ICT Card and Mobile ICT Card: The ICT Card allows managers, specialists, or trainees from abroad to work for a limited time in a German branch. The ICT Card must be applied for in the country where the longest stay is planned. If you are sent to multiple European countries, apply for the ICT Card in the country where the longest stay occurs, and then the Mobile ICT Card for the other country where your stay will be shorter. The Mobile ICT Card can only be issued if a valid ICT Card from another member state is present. (Source: BAMF)
     
  • EU Blue Card: This German residence permit allows foreign university graduates with a job offer or binding job offer in Germany to work.
     
  • Permanent Residence Permit: the unlimited residence permit entitles you to engage in any form of employment.
     
  • EU Permanent Residence: The unlimited residence permit entitles you to work in any EU country (except Ireland and Denmark). With an EU Permanent Residence Permit granted in Germany, you can move to another EU country and apply for a residence permit to work there. Some EU member states may conduct a labor market test. Please check with the respective member state in advance. (Source: BAMF) 
  • You have held a residence permit in Germany for five years,
  • You (or your spouse for you) have paid contributions to a pension insurance for 60 months,
  • Your livelihood and that of your family members is secured through regular income,
  • You have German language skills at level B1 and basic knowledge of the legal and social order and living conditions in Germany,
  • You have adequate living space for yourself and your family members,
  • There are no concerns regarding public safety or order.
  • You have held a residence permit in Germany for five years (periods in another EU country may be counted in certain cases),
  • Due to your employment, you have paid mandatory or voluntary contributions to the statutory pension insurance for at least 60 months,
  • Your livelihood and that of your family members is secured through regular income,
  • You have German language skills at level B1 and basic knowledge of the legal and social order and living conditions in Germany,
  • You have adequate living space for yourself and your family members,
  • There are no concerns regarding public safety or order.

How to Apply for and Obtain a Residence Permit?

You can apply for the residence permit (except the visa) at the responsible immigration office in your place of residence in Germany. The processing of a residence permit usually takes five to six weeks. Always ensure that your old residence permit is still valid when reapplying. Make sure to submit the application or extension in good time.

If your application is approved, you will receive a so-called electronic residence permit (eAT). The plastic card in check card format stores personal data (name, date of birth, nationality, address), biometric features (photo and fingerprints), and additional requirements (conditions).

❗Differences with the Visa: A German visa, however, must be applied for before entering Germany - specifically at the German embassy or a German consulate in your home country or country of residence. The processing time for visas depends on the type of visa. Schengen visas (short-term visas) are usually issued within 14 working days, while national visas (long-term visas) can take several weeks. Visas are not issued electronically but as a sticker attached to your travel document.

Do I Need a Visa to Enter Germany?

Are you a third-country national and wish to apply for a residence permit, such as the EU Blue Card, ICT Card, or a temporary residence permit? First, you need to check whether you need a visa to enter Germany.

There are visa-exempt countries and visa-required countries. However, note that visa requirements vary depending on whether you are traveling to Germany for a short-term stay for tourism or private purposes, or if you intend to stay in Germany long-term.

This chapter only covers long-term stays (long-term visas, also known as national visas)! The majority of third countries require a visa for a long-term stay in Germany! The BAMF information sheet clearly shows how you can first travel to Germany with a visa and then apply for the EU Blue Card on-site.

Exceptions include only Japan, Australia, Canada, Israel, the Republic of Korea, New Zealand, the United Kingdom, Northern Ireland, and the USA. Nationals of these countries may also travel to Germany for a long-term stay without a visa. Due to bilateral agreements, they can also apply for the required residence permit after their arrival at the responsible immigration office in Germany.

Good to Know: From 2025, a ETIAS will be required for visa-exempt travelers! According to the European Union, from 2025, the ETIAS entry form will be required for travel to Germany and the Schengen area.

Do I Need Health Insurance in Germany?

Yes, if you wish to apply for a residence permit, you must prove that you are adequately covered by health insurance, as insurance is part of securing one’s livelihood according to the Residence Act (§ 2 para. 3 AufenthG). All residents in Germany must have health insurance. You can choose between statutory or private health insurance.

With most residence permits, you automatically join the statutory health insurance in Germany due to mandatory insurance requirements. If you come to Germany for work or study, you are automatically insured with a German health insurance provider (e.g., TK, AOK, DAK). If you do not wish to be a member of statutory health insurance, your private health insurance must at least meet the benefits of statutory health insurance.

❗Differences with the Visa: If you need to apply for a Schengen visa to enter Germany, a private travel health insurance is mandatory, which must meet the following conditions:

• Provide a minimum coverage of 30,000 euros
• Cover potential costs related to urgent medical care, emergency hospitalization, medical repatriation, and, in case of death, repatriation of remains
• Valid in all member states of the Schengen Area (not only France!)
• Its validity period must match the duration of the stay in the Schengen Area.
• Be provided by an insurance company approved by all Schengen countries' consulates and embassies

If you are from Japan, Australia, Canada, Israel, Korea, New Zealand, the United Kingdom, Northern Ireland, or the USA and are traveling visa-free to Germany, a private travel health insurance is not mandatory, but is highly recommended. This is the best way to protect yourself against high costs for medical care in case of an accident or illness.

Which travel insurance to choose for a visa?

According to the Schengen Visa Code, visa applicants must provide proof of travel insurance that meets the above conditions. Without this insurance certificate, your visa application will be denied.

AXA has been issuing visa travel health insurance policies (also known as incoming insurance) for over 10 years. Travel 100% safely and sign up for AXA visa travel insurance online today! Our insurance meets all the criteria required for obtaining a visa. All three of AXA Schengen's insurance products (Low Cost, Europe Travel, Multi Trip) offer comprehensive protection and excellent value for money.

You might also be interested in these articles:

• Schengen Visa for Germany: Everything You Need to Know
• How to apply for a Germany visa?
• What types of visas are available for Germany?
• How to apply for a student visa for Germany?
• How to apply for a family reunification visa in Germany?
• How to apply for a training visa in Germany?
• What is required for a visitor visa to Germany?
• How to apply for a marriage visa for Germany?
• How to apply for a work visa for Germany?
• How to apply for a language course visa for Germany?
• Business Visa for Germany: How to apply for a business visa
• Health Insurance for Refugees: What You Need to Know!

How long is a residence permit valid?

This depends on the residence permit and can vary. A visa can be valid for 3 or 6 months, a residence permit is generally valid for 3 years, and an EU Blue Card is typically valid for 4 years - although it may be shorter if the employment contract is for less than four years. The permanent residence permit and the EU permanent residence are unlimited.

Which residence permits allow for travel?

If you have a German residence permit and a valid passport, you may also travel outside of Germany. With all residence permits, you can travel to other EU countries for up to 90 days (within a 180-day period). With an EU Blue Card, you can relocate to another EU country and apply for an EU Blue Card there after 18 months in Germany. With EU permanent residence, you can also relocate to any other EU country and apply for a new residence permit.

Where to apply for a residence permit in Germany?

Depending on the type of residence permit, different authorities are responsible for the application. A visa can be applied for at the appropriate German embassy in your country. For all other residence permits, you must contact the responsible immigration office at your place of residence. Family members abroad must apply for the residence permit as a visa at a German embassy.

Is re-entry into Germany possible with a residence permit?

Travel abroad is generally possible with a residence permit and a valid passport. Only persons with toleration or asylum seekers are not allowed to leave the federal territory. But be careful: if you travel for more than 6 months - your residence permit for Germany will become invalid. An EU Blue Card expires after 12 months abroad. Make sure that your residence permit for Germany is still valid when re-entering. All conditions (depending on the residence permit) can be found on the City of Berlin website. If your residence permit has expired before re-entering or if you have forgotten your electronic residence permit, consult this page on re-entering Germany with a residence permit.