Special regulations on entry and residence

Special regulations on entry and residence

Necessary: Due to the current situation in connection with the spread of the corona virus, authorities and public institutions can only be reached to a limited extent. Nevertheless, with the help of temporarily applicable regulations, it is ensured that matters relating to residence law can be dealt with in the best possible way. You can find out what these special regulations mean for you here.
Status: 01.06.2021

1. I have applied for a visa for the purpose of employment at the German embassy or consulate before the Corona measures. In the meantime, the embassy or consulate is closed to the public or can only be reached to a limited extent and I have not received any feedback on my application. What can I do?

At the moment you should expect that your visa application will take longer to process. You should therefore find out about current developments on the website of your responsible German embassy or consulate.
Note: Visa applications from certain professional groups that are subject to the exemptions from the entry restrictions, in particular in the health and care professions as well as in the field of transport and goods traffic, will continue to be accepted and processed.

2. I have an entry visa for Germany and cannot enter due to travel restrictions. What can I do?

To contain the risk of infection from the corona virus, there are EU-wide travel restrictions for entry from third countries.
Specialists in health and care professions, health research and in transport and goods traffic are excluded from the travel restrictions.

ATTENTION: Since July 17, 2020 (last update on June 1, 2021), unrestricted entry into Germany from some countries outside the EU has been possible again. You can find out which countries are involved and other important information here: FAQ of the Federal Ministry of the Interior for Building and Home Affairs (BMI).

3. I am currently in the process of applying for the accelerated skilled worker procedure with my employer (according to Section 81a of the Residence Act). Can I expect a faster visa procedure despite the currently restricted public traffic at the German embassies or consulates?

You can continue to use the accelerated specialist procedure together with your employer at the competent authority foreigners Authority apply for a “Visa pre-approval“ to obtain. This pre-approval can be issued by the immigration authorities for six months instead of three months. This means that the pre-approval remains valid for a longer period of time. To apply for a visa, please refer to the website of the responsible German embassy or consulate. Visas for persons who fall under the exception regulations can be applied for and issued, depending on the local conditions.

4. My residence permit is about to expire and the immigration authorities have stopped public traffic. How can I extend my residence permit in the current situation?

For the renewal of residence permits, the immigration authorities usually issue a fictional certificate upon request and send it to you by post in order to avoid public traffic in the authorities. This fiction certificate is yours residence permit from the time of the expiry to the decision of the immigration authorities including the permit for employment as continuing. An application for extension can be made informally (e.g. by post, online, by e-mail or by telephone) to your responsible foreigners Authority be asked.

5. I work in Germany with the EU Blue Card and am now receiving short-time allowance due to the corona pandemic. Do I lose my EU Blue Card as a result?

Because of the corona pandemic, many employers are dependent on registering short-time work for their employees. Does that apply to you and you want yours soon residence permit in Germany, the receipt of short-time allowance should not have a negative effect on your existing residence permit; even if the short-time work allowance is the respective Salary limit falls below. In the case of short-time work benefits, the employment contract remains in effect. In addition, it is to be expected that the employment contract will continue to apply when the corona-related restrictions are lifted.

6. I was fired because of the corona pandemic. What can I do to stay in Germany?

In this case you don’t have to leave the country immediately, even if you haven’t already permanent residence permit have. However, you are obliged to notify the immigration authorities of the termination of your employment relationship within two weeks. At the same time, your employer must also inform the immigration authorities about this.
With the termination, your previous purpose of residence no longer applies, but the immigration authorities have a wide margin of discretion with a view to shortening the residence permit and carry out an appropriate weighing of interests. Contact your responsible person for this foreigners Authority

7. I am in Germany with a job search visa, which will expire soon and cannot be extended. I haven’t found a suitable job yet and cannot leave the country due to travel restrictions. Can my visa be extended?

A visa to look for a job can be issued to skilled workers by the responsible diplomatic mission for a maximum of six months. After this period, you have to leave the country if you have not found a suitable job in Germany. In the current situation there is a temporary exception: Did your residence permit If you have reached the statutory maximum length of stay after March 16, 2020, you must submit an application for an extension in good time. The application can be sent informally (e.g., by post, online, by e-mail or by telephone) to the person responsible for you foreigners Authority be asked. From the time your application is received by the responsible immigration authorities, your residence permit is independent of the expiry date until the decision of the foreigners Authority valid.
This rule also applies to the following residence permit:

  • ICT card for internally transferred employees (Section 19 of the Residence Act)
  • Mobile ICT card (Section 19b AufenthG)
  • Residence permit for mobile researchers (§ 18f AufenthG)
  • International staff exchange (Section 19c (1) Residence Act in conjunction with Section 10 Employment Ordinance)
  • A residence permit for the purpose of looking for a place to study (Section 17 subs. 2 AufenthG)
  • Residence permit for the purpose of looking for a training place (Section 17 subs. 1 AufenthG)

8. I am employed in a company as a trainee. Due to the corona crisis, my training was interrupted. What happens to my residence permit?

If your training company can no longer guarantee your training due to the coronavirus and must therefore close the company, the entire duration of the training can be extended. You should urgently apply to the competent chamber for an extension of the duration of the training, if this is necessary to achieve the training objective. Regardless of whether such a request is made, yours will remain residence permit exist for the purpose of vocational training

9. I have lost my student job because of Corona and cannot provide evidence of my funding for the extension of my residence permit. What can I do?

Currently, the immigration authorities generally do not use the Proof of funding if you have secured your livelihood through gainful employment in the past. This also applies if your parents provide for a living and are financially affected by the pandemic. To do this, contact your responsible foreigners Authority on.
Tip: In order to be able to continue to cover your daily costs, there are currently expanded employment opportunities available to you. You can work for longer than the permitted 120 full or 240 half days (according to Section 16b, Paragraph 3 of the Residence Act), but you need the permission of the immigration authority, which is to issue this. For example, if you want to take up a job in harvesting aid, the permit will be granted quickly, as this already has a so-called global approval of theFederal agency for work

10. I am studying in Germany and due to the restrictions of the university I am unable to finish my studies within the maximum duration of my stay. Will my residence permit be extended anyway?

When deciding on the extension of the residence permit For the purpose of studying, the immigration authorities examine all circumstances that have led to the delay in studying in individual cases. If your studies are delayed due to restrictions in teaching and this leads to the maximum length of stay of ten years being exceeded, this is usually taken into account by the immigration authorities.

11. I have a valid residence permit for Germany and am abroad because my return journey is not possible due to travel restrictions and restricted air traffic. When can I come back to Germany?

Your valid residence permit for Germany expires if you stay abroad for more than six months (Section 51, Subsection 1, No. 7 of the Residence Act). Due to the far-reaching travel restrictions, there is one exception: If you are abroad and cannot return to Germany within the six-month period, you can apply for an extension of the deadline. This application must be submitted to the responsible immigration authority before the deadline has expired and can be made informally.
You can find out when re-entry into Germany is possible from the German embassy or consulate in the country in which you are located.

12. I traveled abroad before the Corona measures in Germany. Now my residence permit is expiring and I cannot return to Germany. What can I do?

You lose residence permit is valid during the stay abroad, and you have reason to believe that the residence title would have been extended under normal circumstances, you can request the extension of the residence title in accordance with Section 81 (1) AufenthG from the person responsible for you before it expires foreigners Authority apply in Germany.
The extension application can be submitted informally (e.g. by email) from abroad. If the application is submitted before the residence permit expires, the legal fictional effect of Section 81 subs. 4 sentence 1 of the Residence Act applies. For later re-entry you need a fiction certificate, which is issued by the responsible immigration authority and sent to you. For the details of the dispatch of the fiction certificate, please contact your responsible foreigners Authority.

13. I need a new passport as an identification document, but the embassy or consulate in my country of origin has ceased operations. What can I do?

The compulsory passport and identity verification are among the basic requirements for issuing a residence permit in Germany (Section 5, Subsection 1, Residence Act). This means that you as the applicant must be in possession of a valid passport. If it is temporarily not possible for your foreign authority to issue a new passport, please inquire immediately which solutions and options your state provides for this. Germany will treat various measures (such as declarations/ordinances to extend expired passport and identity documents) benevolently, insofar as there is information about them.
The passport requirement can only be waived in justified exceptional cases if it can be proven that consular support is not possible. You should also inquire at your responsible immigration office in Germany whether a temporary replacement ID card can be issued.

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