German Immigration Law — Residence and Citizenship

The legal framework — the Residence Act (AufenthG)

The Residence Act governs the entry, residence and employment of third-country nationals in Germany. It distinguishes by purpose of residence, qualifications, family situation and economic activity. For EU citizens and their family members entitled to free movement, EU free movement law takes precedence; the AufenthG is not the starting point for that analysis. For third-country nationals, the AufenthG is generally the applicable framework. What matters is not only nationality but above all the specific purpose of residence: employment, study, self-employment, family reunification, humanitarian protection or long-term settlement.

The law has changed considerably in recent years. The Skilled Worker Immigration Act (Fachkräfteeinwanderungsgesetz, FEG) 2023/2024 opened new pathways for qualified immigration. The Nationality Modernisation Act (Staatsangehörigkeitsmodernisierungsgesetz, StARModG) entered into force on 27 June 2024 and introduced, among other changes, a five-year standard residence period and the general acceptance of multiple nationality under German law. The 2024 reform reduced the ordinary residence period from eight to five years and generally permitted multiple nationality. The accelerated three-year route for applicants with special integration achievements was subsequently abolished with effect from 30 October 2025. The Opportunity Card (Chancenkarte) under § 20a AufenthG created a new residence title for job seekers. And temporary protection for displaced persons from Ukraine under § 24 AufenthG has been extended to 4 March 2027.

Those seeking immigration advice need not a general overview but an assessment of their specific situation under the current law.

From entry to permanent residence — the pathway

Many immigration mandates follow a development path: entry, temporary residence, stabilisation of status, permanent residence and — if desired — naturalisation. Which steps are available depends on the existing residence title, the purpose of residence and the personal or economic circumstances.

Visa and residence permit

For third-country nationals who require a visa, entry for a long-term purpose generally begins with a national visa under § 6(3) AufenthG. After entry, the corresponding residence permit must normally be applied for before the national visa expires. A national visa and the later residence permit are separate residence documents; whether and where the residence permit can be obtained depends on the applicable purpose of residence, nationality and procedural rules. Under § 4 AufenthG, third-country nationals generally require a residence title for entry and residence in Germany. The residence permit is purpose-bound — it does not authorise residence in the abstract but for a specific legal purpose: employment, study, self-employment, family reunification or humanitarian protection. The choice of the correct title at the point of application is therefore frequently decisive: it determines what activities are permitted, whether a change of purpose remains possible and how quickly permanent residence can be achieved.

We assess which residence title fits the specific situation — before applications are filed.

Permanent residence and EU long-term residence

The settlement permit (Niederlassungserlaubnis) under § 9 AufenthG is an unlimited residence title providing a permanent right of residence. The general settlement-permit route under § 9 AufenthG normally requires five years’ possession of a temporary residence permit. Further requirements include secure subsistence, generally 60 months of qualifying pension contributions, sufficient German-language skills, basic knowledge of the legal and social system, the necessary permission for economic activity and adequate living space, subject to the statutory exceptions.

Under § 18c(2) AufenthG, EU Blue Card holders may qualify for a settlement permit after 27 months of qualifying employment and pension contributions with German-language skills at level A1. The period is reduced to 21 months with German at level B1, provided the other statutory requirements are met. Under § 18c(1) AufenthG, qualifying skilled workers may generally obtain a settlement permit after three years’ possession of a qualifying residence title and at least 36 months of qualifying pension contributions, provided the further statutory requirements are met. For graduates of German higher education or vocational training, the periods may be reduced to two years and 24 months respectively.

The EU long-term residence permit (Daueraufenthalt-EU) under § 9a AufenthG generally requires five years’ residence with a qualifying residence title, stable and regular resources and sufficient German-language skills. It can facilitate residence in another participating EU member state, but the second member state must still grant the residence authorisation required under its national law.

Naturalisation

Under the StARModG as currently in force, naturalisation under § 10 StAG generally requires five years of lawful habitual residence together with the other statutory conditions. German nationality law now generally permits multiple nationality. Whether an applicant can retain an existing nationality may also depend on the law of the other country. The accelerated three-year route for special integration achievements was abolished with effect from 30 October 2025.

Economic nexus — skilled workers, entrepreneurs, managing directors

In economically oriented mandates, residence law can rarely be assessed in isolation. A skilled worker’s residence title depends on the employment contract, the specific activity and sometimes a change of employer. For founders, entrepreneurs and active investors, the business plan, corporate structure, financing and actual business activity must be considered together. For managing directors, the additional question arises of whether the managing-director activity is to be classified as entrepreneurial self-employment or as employment for immigration-law purposes; shareholding, voting rights, actual control and contractual position must all be assessed together. At precisely this intersection we combine residence law, corporate law and commercial law advice — not as a cross-cutting theme but as a concrete mandate approach.

Family reunification and private residence situations

In the private sphere too, residence law is rarely just form-filling. In family-reunification cases under §§ 27–36 AufenthG, the applicable requirements depend in particular on the sponsor’s residence status, the family relationship and the statutory exceptions. Secure subsistence, adequate accommodation and language requirements may be relevant, but do not apply uniformly to every case.

A loss or change of employment may affect the basis or ancillary conditions of an employment-related residence title and should therefore be reviewed promptly. It does not automatically produce the same legal consequence in every case. On separation, marriage, the birth of a child or a transition to self-employment, the question similarly arises whether the existing residence title still provides the necessary basis or whether a different status must be prepared in time.

For persons with temporary protection under § 24 AufenthG, anyone considering a transition to another residence title — for example for employment, self-employment, study or family reasons — should have the available route reviewed in good time. A change is not automatic and requires the statutory conditions of the new residence title to be met. Because the temporary-protection regime remains time-limited, persons considering another residence route should review their options sufficiently early. The EU temporary-protection regime has been extended until 4 March 2027. Under the current German extension rules, qualifying § 24 residence permits that were valid on 1 February 2026 continue, including their ancillary provisions, until 4 March 2027 without an individual extension.

Current legal position 2026

Several recent changes are relevant for immigration advice in 2026.

Since 1 July 2025, the voluntary remonstration procedure against visa refusals by German diplomatic missions has no longer been available. Applicants may generally submit a new application or seek judicial review before the Administrative Court of Berlin, subject to the applicable procedural requirements and time limits. For a refusal issued by a domestic immigration authority, the available administrative or judicial remedy and the applicable deadline depend on the decision, the procedural law and the instructions on legal remedies contained in the notice.

The Opportunity Card under § 20a AufenthG is available through two principal routes: as a skilled worker with a German or fully recognised qualification, or through the statutory points system. In the points-based route, six points are required, together with the statutory conditions on qualifications, language and subsistence. For the points-based route, the applicant must have at least German at level A1 or English at level B2, in addition to the required foreign qualification and six points. These statutory language thresholds do not apply in the same way to applicants qualifying directly as skilled workers. The Opportunity Card can be used for entry for job seeking and, under the statutory conditions, may also be granted to certain applicants already lawfully resident in Germany. For 2026, the official federal information currently uses €1,091 net per month as the standard reference amount for proving secured subsistence, for example through a blocked account. A declaration of commitment or qualifying part-time income may also be relevant. The applicable figure should be verified again before filing because it is updated periodically.

How we advise

We advise on immigration law in German and English, from Hamburg. Each mandate begins with a clear assessment of the starting position: What residence title exists? What is the objective — extension, change of purpose, settlement permit, family reunification, naturalisation? What are the realistic options? Only then do we agree with the client how the mandate is to be prepared.

Depending on the residence title, the procedure may involve additional bodies, such as the Federal Employment Agency, professional-recognition authorities, chambers or economic bodies. Their involvement may affect the processing timeline and should be considered when planning the application.

Services overview

The visa and residence permit page covers entry, extension and change of purpose — a central starting point for many entry, extension and change-of-purpose matters.

On family reunification under §§ 27–36 AufenthG, the sponsor’s residence status, family relationship and statutory exceptions are all decisive.

The settlement permit page addresses how permanent residence is achieved and which pathway applies to a specific situation.

The EU long-term residence page covers the Daueraufenthalt-EU under § 9a AufenthG for those who wish to keep intra-EU mobility as an option.

The Opportunity Card page addresses the § 20a AufenthG pathway for qualified third-country nationals entering Germany to seek employment.

The naturalisation page covers the requirements and procedure under the Nationality Act as currently in force.

The managing director residence permit page addresses the residence law dimension for shareholder-directors, founders and active investors.

The private persons page covers residence situations outside a business context.

The § 24 status change page addresses the time-critical transition from temporary protection to another suitable residence title before the current protection period ends on 4 March 2027.

Advice is provided by Alexander Kagan, admitted as a German Rechtsanwalt and a member of the Hanseatic Bar Association Hamburg (Hanseatische Rechtsanwaltskammer Hamburg). More about Alexander Kagan →

The content of this page is general information only and does not constitute legal advice.