By Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht) (Rechtsanwaltskammer Düsseldorf)
A visa is required for entry into the Federal Republic of Germany unless you are exempt from the visa requirement.
At a glance
The difference between a Schengen visa and a national visa is the planned duration of stay at the time of entry. If it is already clear before entry that you do not intend to stay in the territory of the Schengen states for more than 90 days within a period of 180 days, the German consulate abroad may issue a Schengen visa.
If it is already clear before entry into the Federal Republic of Germany that you intend to stay in Germany for more than 90 days, the national visa may be issued, provided that visa-free entry is not possible.
The issuance of a national visa depends on the planned reason for the stay. If you wish to enter for university studies, for example, the German consulate examines whether the requirements for taking up studies in the Federal Republic of Germany are met. If entry takes place for the purpose of marriage or family reunification, it is examined whether the requirements for entering into the marriage are met or whether a marriage deserving protection exists.
The mission abroad examines whether the requirements for a subsequent residence permit (Aufenthaltserlaubnis) are met and, on that basis, decides whether a national visa can be issued.
The requirements for issuing a Schengen visa likewise depend on the reason for entry. The German consulate abroad examines in particular whether you have sufficient evidence of secure means of subsistence for the planned duration of stay and whether there are grounds for suspecting a lack of willingness to return.
For a longer-term stay, a national visa is required, which is issued before entry. A widespread legal misconception is the assumption that you could instead simply enter with a Schengen visa and apply for the residence permit in Germany afterwards. Under § 5 Abs. 2 AufenthG, the issuance of a residence permit requires that you entered with the required visa and already provided the relevant information in the visa application. The immigration authority (Ausländerbehörde) may waive these two requirements if the requirements for an entitlement to issuance are met. If carrying out the visa procedure subsequently is unreasonable for you because of special circumstances of the individual case, both requirements are to be waived.
If, before your residence title (Aufenthaltstitel) expires, you apply for its extension or for the issuance of another residence title, the previous residence title is deemed to continue in existence pursuant to § 81 Abs. 4 AufenthG until the Ausländerbehörde (immigration authority) decides. This continued validity does not apply to a Schengen visa. We therefore recommend that you seek advice before entry where possible.
Depending on the country of origin and the competent mission abroad, the visa procedure can take a considerable amount of time. Often the waiting time begins as early as the allocation of an appointment for submitting the application. It is therefore of decisive importance that you initiate the procedure early and submit the required documents in full. If no decision on the merits of your application is taken within a reasonable period without sufficient reason, an action for failure to act may be considered under § 75 VwGO at the earliest three months after the application was submitted, unless a shorter period is required because of special circumstances of the case. We are happy to examine whether this course of action makes sense in your case.
A frequent ground for rejection in the case of Schengen visas is that the German embassy is not convinced that you will return. Legal actions against decision notices of the missions abroad rejecting visa applications fall within the jurisdiction of the Administrative Court of Berlin (Verwaltungsgericht Berlin). Often a rejection is accepted even though the reasoning is open to challenge. We are happy to review your rejection notice.
The national visa is only the first step toward a longer-term stay. After entry, the residence title is in principle issued only upon application. You should submit this application to the competent immigration authority in good time before the national visa expires. The duration of your lawful stay with the national visa is credited toward the periods of a subsequent residence permit or settlement permit (Niederlassungserlaubnis).
This crediting applies only to the national visa, not to periods with a Schengen visa. For family members subject to a visa requirement, family reunification as a rule also takes place via the national visa. We are happy to advise you in this context as well.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
