25 questions about immigration to Germany.
All you need to know about obtaining a residence permit in Germany.
How can I get a German residence permit? How much money is needed for this? Where are the guarantees that my family will not be refused? When can we qualify for German citizenship? The most popular questions from those who want to issue a residence permit, and answers to them from an expert on investment immigration & ndash; in this material.
Save this article as a bookmark. And if you need more detailed answers & ndash; contact, experts will advise you.
Lawyer-economist, Master of Laws of the Free University of Berlin, Manager of AVERS Group Germany GmbH.
10 years advises on investment immigration and business in Germany.
1. In what ways can foreigners obtain residence permits in Germany?
The Law on the Residence of Aliens & raquo; other laws and by-laws describe different life situations under which the right to residence permits appears. Among them: work (simple and highly paid), business management, education, family reunification (marriage, underage children), German and Jewish origin. On an exceptional basis, confirmation of the status of a wealthy person can become a basis.
The last point is particularly interesting. First, because he knows very few people. And secondly, because this is the easiest way to obtain a residence permit in Germany for wealthy people. It does not require investment in the economy, opening a business, or buying a property.
2. Citizens of which countries can get a residence permit? Have restrictions on the citizens of Russia appeared due to sanctions?
All countries are principally divided into categories. First, the members of the European Union. Secondly, third countries (not to be confused with third world countries!) With a visa-free regime with the EU. And finally, third countries that need a visa. For citizens of the European Union, almost nothing is required, but for the rest, & ndash; there are limitations. But in principle a person from any country can apply for a residence permit in Germany, moreover, the presence of another residence permit will not cause a refusal.
After the introduction of sanctions against Russia, Germany’s official position on immigration did not change. Yes, some individual officials face prejudices, for example, that citizens of the Russian Federation have unstable incomes. But this is at the level of personal dislike, and in no way official directives.
We regularly hold meetings at the German Embassy in Russia, to which we invite, among others, our clients. And officials, at the ambassador’s level, always assure us that politics has remained the same. Germany is interested in wealthy Russians living in their country.
3. How can I transport children, spouses, parents with me?
Based on family reunion.
If you are applying for a residence permit as a financially independent person, then spouses and minor children receive the right to reside automatically. Documents for the whole family are served simultaneously. And the child can immediately go to school.
For elderly parents, you need to get a separate residence permit, proving that they have enough money to live in Germany. Although the availability of residence permits for their children will be a plus.
When obtaining a residence permit for parents, there may be difficulties with insurance & ndash; just not all insurance companies want to work with people of advanced age. But we have a successful experience in this & ndash; issued insurance for the 70-year-old Muscovite, who moved to Germany. So, everything is solved.
4. What is the minimum amount of investment needed to get a residence permit?
This requirement & ndash; minimum amount of investment & ndash; formally does not exist.
If you get a residence permit as an entrepreneur, then almost everything depends on what is and how the business project is presented. We had cases of registration of documents for foreigners who did not make any investments at all. Just registered a limited liability company (in German GmbH) and contributed 50% of the share capital (� 12,500). But even this money & ndash; this is not an investment, but a working capital.
I repeat the main idea: the size of the investment is determined by the business plan, on the basis of which the foreigner gets the right to live in Germany.
If you get a residence permit as a financially independent person, then investments are all the more unnecessary. Yes, you have to prove that you have capital, but you do not need to invest anywhere.
5. Does the purchase of real estate benefits on obtaining residence permit?
The transaction itself, and any value, does not give such a right. In other words, the law does not know such a basis for the issuance of residence permit, as “ownership of real estate & raquo ;. But you can get permission on the basis of the desire to spend time in the vacation period in real estate & raquo ;. And, it does not matter & ndash; own or rented.
Therefore, indirectly, purchase facilitates the confirmation & ndash; and the availability of property, and the motivation to live in Germany.
But this does not mean that for the registration of a residence permit you need to buy real estate. Some realtors are pushing customers to this, they promise & ndash; & buy a villa & ndash; and get a residence permit & raquo ;. Nobody can guarantee this, the application is considered individually, and even if there is a multimillion-dollar villa, the applicant can be denied. And then what to do with the object that was bought specifically for the residence permit?
Our advice: if the main goal is & ndash; legalization in Germany, first get a residence permit, and only then buy real estate.
6. In what lands is it easier to get a residence permit?
The larger the city, the longer it usually takes. Offices for foreigners in Germany are overloaded, getting to the right official can be difficult. Although there are exceptions. For example, Hamburg, a major city, is making efforts to ensure that rich foreigners settle there. And in Berlin, a simple filing of documents can take six months, you have to negotiate, knock out meetings.
If you go from the opposite, it is most difficult to issue a residence permit & ndash; in Berlin and Baden-Wurttemberg. They set very high requirements for the provision of residence permit. In other lands, everything depends on the specific department. We have good experience in Bavaria, Hamburg, North Rhine & ndash; Westphalia, Brandenburg, but in other lands it is possible.
7. Do you need guarantors or relatives with German roots?
If there is a connection in Germany, & ndash; related or business, & ndash; it is better to show it. It will be easier for the competent authorities to understand why a person wants to move. And yet & ndash; this is not a mandatory requirement.
The main thing for business immigration & ndash; this is a compelling business plan, and for economic independence & ndash; confirmation of personal financial resources. If everything is in order with these documents, you can get a residence permit, even if you have never been to Germany and do not know anyone there.
8. At what level do you need to know German?
It depends on the grounds for obtaining residence permit. For some & ndash; language required, other & ndash; The decision is made at the discretion of the competent authorities. For example, for wealthy applicants, knowledge of the language is not required.
For business immigration, knowledge of the language is desirable. This is another indirect proof for officials that the applicant will be able to conduct business in Germany. But we had & ndash; and more than once & ndash; cases where we received documents for entrepreneurs who do not speak German at all. If everything is correctly justified, it is possible and without language to issue a residence permit.
But if you expect to receive a permanent residence permit in the future, and then citizenship, the language should be learned. When applying for permanent residence, you will need to provide a B1 level certificate or simply communicate with an official in German, thus proving that you are free to speak orally.
9. Can they refuse to issue a residence permit? What will be the consequences?
Of course they can. The consequences depend on the reasons for the refusal.
If the reasons are formal & ndash; insufficient justification or position of a particular official (which also happens), & ndash; then no consequences. You can better prepare, re-assemble the package of documents. The main thing is that the client really had a reason for residence permit. We had cases when documents did not pass in Berlin, we filed the same package in another region and received permission.
In our practice more than 90% of applications are satisfied. We usually warn about possible problems in the remaining ones in advance.
If the reasons are justified & ndash; deliberate misrepresentation, deception, forgery, concealment of facts, & ndash; then a refusal can lead to a ban on entry to Germany.
10. How can I quickly assess my chances in absentia?
Read the information on the website of the German Embassy, with articles of professionals on this topic and objectively evaluate your chances. A lot can be understood during an individual consultation.
We, for example, have 10 years of experience in obtaining a residence permit on the basis of “financial independence”. The law nowhere spelled out any specific amount that allows us to understand who can be considered a secured person. But from experience, I immediately tell you: if all the property of your family costs about � 300,000, and the monthly income & ndash; & euro; 1500-2000, this way is not for you. With a capital of about a million & ndash; real estate, shares in business, other assets & ndash; already it is possible to work.
11. How much should I pay for the work of lawyers when I issue a residence permit in Germany?
It all depends on your preparedness, on the grounds for filing an application, the place of filing, the package of services, the number of applicants for residence permit and other factors. In our company, this service costs � 25-40 thousand. Moreover, the payment is tied to the result. More than three quarters of the total amount is paid after the residence permit is issued.
You can also work according to the classical scheme with a German lawyer. In this case, he will write you bills for hourly pay. It can happen, as less, and more, regardless of whether you get permission to stay in Germany or not.
12. How to prepare for an interview at the consulate?
If you get a residence permit in Germany with the help of a consultant, then all you need is & ndash; this is to provide information and copies of documents. The specialist himself will bring them in the right form, translate into German, make up the right package for the application and will accompany you at the interview.
If you act independently, then study profile forums and recommendations on the Internet. And it’s better & ndash; find a person who has already gone through all the stages, and consult with him.
13. How long does it take to get a residence permit? Can I get it urgently?
The term of obtaining a residence permit depends on the specific situation, on the grounds and who helps you, on his skills, experience, connections. The process can take from several weeks to a year or more. On the basis of “economic independence” & raquo; & ndash; presumably it will take up to six months.
We try to speed up the process as much as possible, but much depends on the applicant. They often want to issue a residence permit quickly, but they can not provide documents. If the documents are collected on time, and the person is ready to come to the consulate, where he is expected, then you can try to speed up. We had cases that we received permission for two months, but we had to wait more than six months.
14. What happens to the current visas while the application for residence permit is being considered?
While you are waiting for approval of your application for residence permit in Germany, you can use the current Schengen visas, get new ones, enter and leave Germany whenever you want. In a word, there are no restrictions.
15. For how long is the residence permit issued?
The period of validity of the first residence permit depends on the grounds. Strong foreigners usually issue a first document for one year, if the capital is large, for example, � 10-20 million, then immediately for two years.
Then the document is prolonged. The second and third residence permits & ndash; as a rule, for two years. If the first card was for two years, then the second card can be given at once for three.
Five years later, the right to permanent residence permits (permanent residence) appears. This document is unlimited, it does not need to be renewed.
16. How difficult is it to extend a residence permit? What documents should I provide?
In most cases, the requirements for the extension of residence permit & ndash; formal. You need to have a place of residence (your own or rented real estate), medical insurance, funds to ensure life in the bank (enough minimum amount to cover annual expenses) or salary.
The main thing is that during the extension you will not have to again collect the entire package of documents that you provided when obtaining residence permit. The procedure is simple, everything is really done by yourself. But if you need help, you can also contact the consultants.
17. Can I lose my residence permit?
Yes, but there must be very good reasons for canceling the initial decision. For example, the circumstances that the applicant hid when applying for residence permit.
The residence permit will not be extended if the grounds for it no longer exist (the foreigner closed the business, lost his job). But in this case there is a chance to keep the residence permit, changing its status.
Formally, the residence permit can be terminated automatically, if its possessor is CONTINUOUS, that is constantly, absent and has never entered Germany (EU) for more than 6 months.
18. Will I have the right to citizenship? Under what conditions?
Yes, after seven years of legal and uninterrupted possession of residence permit you will get the right to apply for German citizenship. It will be necessary to confirm the basic knowledge of the German language and the existence of a living wage. In this case, there may be legitimate reasons for retaining the former citizenship.
It is important to understand: these seven years & l is the seniority & raquo; you do not have to live in Germany. You can get a residence permit and continue your business in Russia, only occasionally coming to the European Union. In this case, the time will go, the statuses will be extended, and then you will get a German passport faster.
19. What duties do I have and relatives with residence permit?
It also depends on the reason for the receipt. For example, foreigners who have issued a residence permit through employment should continue to work. Those who received permission to stay as an entrepreneur, you need to do business. When extending your residence permit you will be asked to show how the business plan is being implemented. And by the way, if it is carried out successfully, a permanent residence permit (permanent residence), it will be possible to register in three, not five years.
In any case, you must provide yourself with housing (it can be rented or own property) and health insurance. There are no other essential requirements.
20. When I get a residence permit in Germany, do I become a tax resident?
The Russian tax residency can be maintained as long as the applicant does not live in Germany for more than 186 days. In this case, the taxation of its non-German incomes remains practically unchanged.
In each individual case, we recommend that you contact the international tax planning specialists.
21. Do I need to notify the Russian authorities that I received a residence permit in Germany?
Under Russian law, all citizens who obtain a residence permit in another country must notify the Ministry of the Interior of the Russian Federation. This can be done in person by coming to a local office in Russia, by mail or by a trusted representative. The procedure is simple, there are no difficulties with this.
22. Is it possible to study, work and do business in the presence of residence permit?
It depends on the status, but in principle it is possible. For example, in the case of wealthy foreigners, the children of the holder of a residence permit immediately receive the right to study in schools. Passive business can be conducted without restrictions. In our practice, none of the holders of this status has ever had the desire to get a job for hire. But if interest will be, too it is possible & ndash; after obtaining additional permission.
23. Can I draw up invitations for relatives and friends in other countries?
Yes it is possible. Owners of residence permit can freely enter Germany and stay there any number of days in a year, and invite their relatives, simplifying the process of obtaining visas for them.
24. Is it possible to move freely around the Schengen area?
Yes, with the German residence permit you do not have to apply for visas to enter the Schengen area. Moreover, it will be easier to obtain visas to the UK, USA and other countries & ndash; Documents can be filed at the representations of these countries in Germany.
25. Is it possible to live in another EU country with a residence permit?
Formally, only when the residence permit becomes indefinite, it will apply to all EU countries. To obtain permanent residence you need 5 years or 3 years in the case of entrepreneurs who have successfully implemented the business plan.
But in reality, no one controls which country holds the most part of the year the owner of the German residence permit.
Legitimate and fictitious ways of moving to Germany.
How to get a residence permit and German citizenship.
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25 questions about immigration to Germany.