Germany’s “Residence Act”- a fulfillment of the long-promised “one-stop agency”

Germany’s recently enacted Residence Act has made it easier for foreigners to enter and stay permanently in the country.
Under the new law, foreigners are required to secure a “Residence Title” before they can legally stay in the country.
A foreigner may be granted a Residence Title if he possesses all the following qualifications:
1.That the foreigner’s livelihood is secure
2.That the foreigner’s identity is established
3.That said foreigner does not possess any of the grounds for expulsion
4.That the foreigner meets passport requirements
5.That the foreigner has submitted all the necessary data for visa application

Types of Resident Title

A Residence Title may either be in the form of a “Visa,” a “Residence Permit,” a “Settlement Permit,” or an “EC Long-Term Residence Permit.”

Visa

Under the old law, foreigners desiring to enter the country must secure a visa from the German embassy outside the country. Once the visa is granted and the foreigner arrives in the country, he must present the visa to German immigration officials who will accordingly issue a Residence Permit authorizing him to stay in the country.

Under the new Residence Act, the mere issuance of a Visa entitles the holders thereof to stay in the country during the entire validity of the Visa.
The Visa issued by the German government is by itself, now considered as a Resident Visa which is an innovation of the old law since the Visa now expressly permits the holder thereof to reside in Germany for its duration.

The Residence Act provides that a Visa may be issued for a maximum validity period of five (5) years, provided that the holder shall stay in the country for a limited period of three months per stay, within a period of six months.

Temporary Resident Permit

A Temporary Residence Permit is issued for purposes of education or training, gainful employment, international law, humanitarian, political, or family reasons. Thus, the period of stay allowed to holders of a Temporary Residence Permit shall be limited to the duration of the purpose of their stay. Once their purpose has been achieved therefore, the length of their stay may likewise be shortened. If there is a bona fide reason to extend the validity of the Temporary Resident Permit, such extension may be allowed.

Permanent Settlement Permit

As the title implies, the Permanent Settlement Permit is permanent in nature, and allows the holder to pursue an economic activity while in the country.
The applicant may be granted a Settlement Permit only if the following qualifications are present:
1.That the applicant has been a holder of a residence permit for five years
2.That the applicant has sufficient income to support himself
3.That the applicant has adequate knowledge of the German language
4.That the applicant has sufficient accommodation for himself, members of the family, as well as other members of the household, if applicable
5.That the public order or safety shall not be affected with the issuance of the residence permit in favour of the applicant
6.That the applicant has procured all the necessary permits to work in the country
7.That the applicant has paid compulsory or voluntary contributions into the statutory pension scheme for at least sixty (60) months
8.That the applicant possesses basic knowledge of the legal and social system and the way of life in the Federal Territory
EC Long-Term Residence Permit
The EC is very similar to the Permanent Settlement Permit.