Aufenthaltsgesetz

The Aufenthaltsgesetz, or Residence Act, is a German federal law that regulates the entry, residence, and work of foreign nationals in Germany. Enacted to replace parts of earlier immigration legislation, it provides the framework for who may stay in the country, under which conditions, and for what purposes. The act operates alongside other laws, such as the Asylum Act and the Citizenship Act, and it interacts with EU law on issues like freedom of movement and residence rights.

The scope of the law covers the admission and issuance of residence titles, temporary or permanent stay, and work authorization for those who intend to reside in Germany for longer periods. It distinguishes between different types of residence permits, most notably the temporary residence permit (Aufenthaltserlaubnis) and the permanent settlement permit (Niederlassungserlaubnis). The act also addresses family reunification, study and research stays, as well as humanitarian forms of stay, while asylum-related protection is primarily governed by separate legislation.

Residence titles are issued for various purposes, including employment, education, family reasons, or humanitarian grounds. Permanent residence typically requires several years of lawful residence, sufficient means of subsistence, adequate living space, and generally some knowledge of German; exceptions exist for certain categories and circumstances.

Procedural aspects define where applications are filed (local foreigners authorities, with some cases handled by the Federal Office for Migration and Refugees) and the available remedies or appeals in case of refusals. The law also imposes duties on foreigners, such as registration and adherence to integration measures, and it sets rules on deportation and restrictions on illegal residence.

The Aufenthaltsgesetz has evolved through amendments to address changing migration patterns and EU developments, including increased emphasis on integration and residence rights balanced with security concerns.