- Legal basis
- Residence Act (AufenthG), Residence Ordinance (AufenthV), Nationality Act (StAG)
- Competent authority before entry
- The German diplomatic mission abroad authorized by the Federal Foreign Office, § 71 Abs. 2 AufenthG
- Competent authority in Germany
- As a rule, the municipal immigration authority responsible for your place of residence
- Legal recourse
- Administrative court, and for visa decisions of the German diplomatic mission abroad the Berlin Administrative Court
- Persons concerned
- Foreign nationals to whom the right of free movement does not apply
- Languages of consultation
- German, English, French, Turkish
Which residence titles are there?
The residence permit (Aufenthaltserlaubnis), the EU Blue Card, and the two ICT cards are temporary and tied to a purpose. Only two titles are permanent: the settlement permit (Niederlassungserlaubnis) under § 9 AufenthG and the EU long-term residence permit (Erlaubnis zum Daueraufenthalt-EU) under § 9a AufenthG.
The seven residence titles under § 4 Abs. 1 Satz 2 AufenthG
| Title |
Provision |
Duration |
Purpose |
| Visa |
§ 6 Abs. 1 Nr. 1 and Abs. 3 AufenthG |
Temporary |
Entry, for a short or a longer stay |
| – Schengen visa |
§ 6 Abs. 1 Nr. 1 AufenthG |
A maximum of 90 days in any 180-day period |
Visa for short-term stays only, for example for a visit or for business reasons |
| – National visa |
§ 6 Abs. 3 AufenthG |
Temporary |
If a longer stay is intended, the competent German diplomatic mission abroad issues the national visa. It is issued before entry. The requirements for issuance depend on the reason for the stay in Germany. |
| Residence permit |
§ 7 AufenthG |
Temporary |
Temporary residence tied to a purpose |
| EU Blue Card |
§ 18g AufenthG |
Temporary |
Employment commensurate with the qualification |
| ICT Card |
§ 19 AufenthG |
Temporary |
Intra-corporate transfer |
| Mobile ICT Card |
§ 19b AufenthG |
Temporary |
Transfer from another EU country |
| Settlement permit |
§ 9 AufenthG |
Permanent |
Permanent residence |
| EU long-term residence permit |
§ 9a AufenthG |
Permanent |
Permanent, largely equivalent to the settlement permit |
If the authority refuses or does not decide
In North Rhine-Westphalia, an objection does not help against a refusal by the immigration authority. § 110 Abs. 1 JustG NRW in principle excludes the preliminary proceedings for actions for rescission and for enforcement (Anfechtungs- und Verpflichtungsklage). You file your action directly with the administrative court.
If the authority does not decide within an appropriate period without sufficient reason, the remedy is the action for failure to act (§ 75 VwGO). The action may not be brought before three months have elapsed since the application, unless a shorter period is called for because of special circumstances of the case. If there is a sufficient reason for the authority not having decided yet, the court stays the proceedings until the expiration of a period determined by it, which may be extended.
If the end of your stay is imminent, interim relief is also available: § 80 Abs. 5 VwGO, if the action does not have suspensive effect, § 123 VwGO for interim orders.
Notice of a hearing from the immigration authority
If you have received a notice of a hearing (Anhörung) from the immigration authority, you should seek legal advice at this point at the latest. As a rule, a hearing is issued when the immigration authority intends to terminate your residence. In a consultation, you can have your options examined for averting residence-related measures in time. If your application has been decided negatively, you can still take legal action against that decision notice. It is nevertheless helpful to respond to the immigration authority before a negative decision has been issued. This is because an obligation to leave the country can arise immediately once your application has been decided negatively. Your starting position is then considerably worse than in the context of a hearing.
The immigration authority has refused the residence permit
If your application to extend the residence permit or to be granted a particular title has been refused, you must respond within the time limits set. Since we have no objection procedure in North Rhine-Westphalia, an action must be brought without undue delay and, if necessary, an application must be made for the suspensive effect to be ordered, in order to prevent deportation measures. It is advisable to have the refusal notice examined by a lawyer in order to assess whether alternative residence options exist.
Action for failure to act
If the immigration authority does not decide on your application at all, there is the option of an action for failure to act.
Topics in immigration law
Each of these topics has its own requirements and time limits. The following pages set out these topics individually, with the provisions and the supporting documents required for them.
Employers and skilled workers will find their topics collected under Employers and skilled workers.
How we represent you
Gülay Tasli is a specialist lawyer for migration law and for social law. She has held the title for social law since 2011 and the title for migration law since 2017. We represent you before the competent municipal immigration authority, in dealings with German diplomatic missions abroad, and before the administrative courts. We advise in German, English, French, and Turkish. Call us at +49 211 73 105 385 or request an appointment.
This information is general and does not replace an examination of your individual case. Which provision applies to you depends on the purpose of your stay and your previous history.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, lawyer and, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
