Legal Advisory for Private Clients

Your Residence Situation

The legal pathway depends on your individual starting point. Whether the national visa must be obtained before entry or whether an application may be filed from within Germany depends on nationality, current residence status and the applicable procedural rules. Common situations we advise on:

Non-EU nationals already in Germany on a study, employment or other residence permit who need to transition to a different title — for example from a student permit to employment, or from employment to self-employment under § 21 AufenthG.

Non-EU nationals outside Germany seeking to come to Germany for employment, self-employment, family reunification, or other purposes. The first step is typically the correct national visa, filed at the German diplomatic mission in the country of habitual residence.

Holders of an existing residence permit seeking a settlement permit (Niederlassungserlaubnis), long-term residence status, or preparation for naturalisation.

Family Reunification

Spouses and minor children can generally join a qualifying sponsor in Germany, subject to conditions that vary by the sponsor’s residence title. Key requirements typically include secure subsistence, adequate accommodation, and — for some categories of spouse — a basic German-language requirement (A1) before entry. For spouses joining certain employment- or business-based permit holders, the A1 requirement may be waived; the sponsor’s residence title determines which statutory facilitations apply. The sufficient-living-space requirement under § 29(5) AufenthG is waived for spouses and minor children in the expressly listed residence categories. Under the law currently in force, the § 29(5) waiver and the parent-reunification route under § 36(3) AufenthG are scheduled to expire on 31 December 2028 unless extended by the legislature.

For qualifying residence-title holders whose relevant title was first issued on or after 1 March 2024, § 36(3) may permit the reunification of parents and, under additional conditions, parents-in-law. This is a discretionary route and requires secure subsistence, including adequate health-insurance coverage. Further detail is on our family reunification page.

Settlement and Long-Term Residence

The settlement permit (Niederlassungserlaubnis) provides permanent residence and unrestricted access to employment. A settlement permit is not invariably required as a step toward naturalisation. The conditions depend on the specific prior residence title: EU Blue Card holders (§ 18g AufenthG) may qualify after 27 months with A1 German or after 21 months with B1 German. Qualifying skilled workers may generally obtain a settlement permit after three years under § 18c(1); graduates of German higher education or vocational training may qualify after two years under the special statutory conditions. Certain self-employed entrepreneurs holding a qualifying § 21 residence permit may obtain a settlement permit after three years under § 21(4) — this special route does not apply to freelance permits under § 21(5). Where no special route applies, the general five-year pathway under § 9 AufenthG may be relevant. Further detail is on our settlement permit page.

German Citizenship

Naturalisation under § 10 StAG generally requires five years of lawful habitual residence in Germany, together with the other statutory conditions: sufficient German-language skills, ability to support oneself and dependent family members without disqualifying public benefits (subject to the statutory exceptions), no serious criminal record, and commitment to the free democratic basic order and the other statutory declarations required by the Citizenship Act. Naturalisation is a separate procedure from the settlement-permit process; a settlement permit is not invariably required, but the applicant must hold a residence status that qualifies under the Citizenship Act. German law now generally permits multiple citizenship; whether the applicant may retain an existing nationality also depends on the law of the other country. Further detail is on our German citizenship page.

Refusals and Delayed Proceedings

Where a visa, residence, settlement or citizenship application is refused or remains undecided for an extended period, the appropriate response depends on the reasons, procedural stage and available evidence. We review refusal decisions, requests for additional documents and delayed proceedings and advise on supplementary submissions, new applications, administrative remedies or court proceedings where appropriate.

Advice by Alexander Kagan, Attorney at Law, admitted to the Hanseatic Bar Association Hamburg.

The contents of this page are for general information only and do not constitute legal advice. A mandate is established only upon express acceptance.