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South Africans in Germany

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Residence permits

To stay in Germany longer than 90 days in a 180 period, you will need a residence permit. Qualifying for a residence permit will depend, among other things, on the type of visa you applied for. Your long-stay visa allows you to travel to Germany. Within two weeks after arrival in Germany, you need to register at your local town office and  Immigration authority. See Registering at the local town office. You will receive a Meldebestätigung (Certificate of registration at the main residence)

After registering at the relevant immigration authority (Ausländerbehorde), you will be issued a Residence permit.

Fiktionsbescheinigung

Due to circumstances, it can take longer than expected to receive your residence permit card. The current process is that the Ausländerbehorde send your papers to the Staatsdrükerei in Berlin, who has to print your Residence card. This is then sent back to the Ausländerbehorde and they will contact you to come pick it up.
If you need proof of residence, for example, to travel, you can request a fictional certificate or Fiktionsbescheinigung at the Ausländerbehörde, which they can issue immediately,
This document is seen as proof of your residence permit and will have the same restrictions as your residence permit. 
A single entry for example, will mean you are not permitted to travel back to Germany unless otherwise indicated. 
 A fictional certificate cannot be issued to holders of a Schengen visa for short-term residence (Category C).
  • If you entered Germany on a National Visa (Category D) Abs. 4 will apply to you.

There are currently 3 variations of a Fiktionsbescheinigung

The rules applicable to you will be marked clearly on your Fiktionsbescheinigung

Variation 1: § 81 Abs. 4 AufenthG

If a foreigner applies for an extension of his or her residence title or for a different residence title before his or her current residence title expires, the current residence title is deemed to remain in force from the time it expires until the time of the decision by the foreigner’s authority. This does not apply to visas issued in accordance with section 6 (1). If the application to issue or extend a residence title was filed too late, the foreigner’s authority may order that the previous residence title remains valid in order to avoid undue hardship. –  Gesetze im Internet

 From Service Berlin
If a currently valid residence permit (temporary residence permit or national visa for long-term durations – Category D ) is available, a fictional certificate according to § 81 Section 4 of the Residence Act will be issued. In this case, the residence permit and all supplementary regulations (also regarding the stipulations concerning gainful employment) remain in force until a decision has been made in relation to the application. Journeys abroad and re-entry into the area of the Republic are possible with a valid fictional certificate in accordance with § 81 Section 4 of the Residence Act. 

  • This means - With a valid passport and a Fiktionsbescheinigung, you can travel from and to Germany. It must of course be within the validity dates of the Fiktionsbescheinigung

Variation 2: § 81 Abs. 3 Satz 1 AufenthG

The applicant has no residence permit and applied late for a residence permit.
If a foreigner who is legally resident in the federal territory and does not possess a residence title applies for a residence title, his or her residence is deemed to be permitted up to the time of the decision by the foreigners authority. If the application is filed too late, deportation is deemed to be suspended from the time of application up to the time of the decision by the foreigners authority. –  Gesetze im Internet

From Service Berlin
If the male or female applicant is lawfully resident without a visa in the Federal Republic, because he or she is entitled to be by virtue of his/her nationality, the fictional certificate will be issued in accordance with § 81 Section 3 of the Residence Act.
This permits residence in the area of the Federal Republic until a decision has been made regarding the application. This fictional certification, however, does not permit re-entry into the territory of the Federal Republic. It also does not permit the commencement of gainful employment.

  • This means you are not allowed to travel from Germany but not back without a valid visa

Variation 3: § 81 Abs. 3 Satz 2AufenthG

The applicant has no residence permit and applied late for a residence permit.
If a foreigner who is legally resident in the federal territory and does not possess a residence title applies for a residence title, his or her residence is deemed to be permitted up to the time of the decision by the foreigners authority. If the application is filed too late, deportation is deemed to be suspended from the time of application up to the time of the decision by the foreigners authority. –  Gesetze im Internet

 

  • This means you are not allowed to travel from Germany but not back without a valid visa

Types of Residence permits

Temp Aufenthalt

Temporary Residence

A Visa allows you to enter Germany, but your stay is limited to no more than 90 days in a 180-day cycle.If you want to

Permanent Residence

Permanent residence in Germany is called a Niederlassungserlaubnis and may be granted in the form of a Settlement permit or Permanent EC residence permit. Very important!!

Legal basis

Section 81 Aufenhaltsgesetz – AufenthG (Act on Residence, Economic Activity and Integration of Foreigners in the Federal Territory)

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South Africa In South Africa you can apply for a Police clearance certificate at your local police station.The process can take up to six months.

Permanent residence in Germany is called a Niederlassungserlaubnis and may be granted in the form of a Settlement permit or Permanent EC residence permit.

Very important!! The card has an expiry date which corresponds to that of your passport. See the remarks section on the card as well as nr 7 below. 
Germany has a “Passpflicht” law –  which means Foreigners may only enter or stay in the federal territory if they have a recognized and valid passport or passport substitute unless they are exempted from the passport requirement by statutory order. For the purpose of residence in the federal territory, possession of a substitute identity document also suffices in order to meet the passport requirement (Section 48 (2)). This means you need a valid passport at all times.

  1. Photo
  2. Symbol for the electronic CHIP
  3. Surname and Names
  4. Your Aufenthalts number
  5.  Your Nationality /”Staatsangehörigkeit”
  6. your date of birth
  7. The valid date for the Card, not your residence
  8. CAN
  1. Your birthplace.
  2. Registered Domicile/address
  3. The competent Ausländerbehorde 
  4.  Online-Ausweisfunktion logo
  5. Machine code

Who qualifies

The qualifying rules are different for each category.
The following information was sourced from the Make it in Germany website

Skilled professionals (persons who have completed academic or vocational training and international researchers)

  • You have been the holder of a residence permit in accordance with Sections 18a, 18b or 18d AufenthG (German Residence Act) for at least four years.
  •  You are able to cover your costs of living without using public funds.
  •  You have paid at least 48 months of mandatory or voluntary contributions to the statutory pension insurance fund.
  •  You are employed at a job for which you are qualified or that adequately suits your qualifications.
  •  You possess sufficient knowledge of the German language (B1 level in accordance with the Common European Framework of References for Languages (CEFR)) as well as knowledge of the legal and social order and of the German way of life. This can be proved by way of passing the “Life in Germany” test.
  •  You have enough living space for yourself and your family members.

EU Blue card holders

Blue card holders qualify after they have been employed in a qualified job for at least 33 months

  • You have been employed in a qualified job for at least 33 months during which you made monthly contributions to the statutory pension insurance fund.
  • You possess a basic command of the German language (A1 level in accordance with the Common European Framework of Reference for Languages (CEFR)). For persons who can provide proof of German language skills at B1 level, the required time of 33 months can be reduced to 21 months.
  • You have basic knowledge of the legal and social order in Germany. This can be proved by way of passing the “Life in Germany” test.
  • You can provide proof of adequate living space.

Those who have completed  university or vocational training in Germany

  • Have you successfully completed university or vocational training in Germany? Special conditions also apply to you when it comes to applying for a settlement permit.
  • You have held a residence permit for the purpose of employment as a “qualified professional” for at least 2 years (Residence permit in accordance with Sections 18a, 18b or 18d AufenthG (German Residence Act)).
  • You are employed at a job for which you are qualified or that adequately suit your qualifications.
  • You have paid into the statutory pension insurance fund for 24 months.
  • You possess sufficient knowledge of the German language (B1 level in accordance with the Common European Framework of References for Languages (CEFR)) as well as knowledge of the legal and social order and of the German way of life. This can be proved by way of passing the “Life in German” test.
  • You can provide proof of adequate living space.

Highly qualified professionals

  • In individual cases, highly qualified professionals can receive a settlement permit in accordance with Section 18c (3) AufenthG (German Residence Act) straight away without having to first spend a set amount of time in Germany.
  • For example, if you are a scientist with special technical knowledge or a teacher in a high-level position, you can obtain a settlement permit immediately upon entering Germany.
  • Important:
  • You must be able to provide proof of academic training and It must be correct to assume that you can integrate into the German way of life and that your living costs will be covered without having to use public funds.
  • It is a good idea to gather the required documents prior to entering Germany to be able to immediately obtain your settlement permit.

Self-employed persons

  • If you have held a residence permit for self-employed work in accordance with Sect. 21 AufenthG (German Residence Act) for three years, you may request to obtain a settlement permit (Sect. 21 (4) AufenthG (German Residence Act)). To obtain the settlement permit, you must fulfil the following requirements:
  • At the time of the application you are the holder of a valid residence permit enabling you to be self-employed.
  •  You are successfully self-employed.
  •  You can provide proof that you and your family members are able to permanently cover your costs of living.

Family members of a German national

  • You will receive your settlement permit if you have held a residence permit for three years, the family unit continues to exist in Germany and you have sufficient knowledge of German.

Changing jobs

Depending on your temporary residence (Aufenthaltstitel) conditions, you are allowed to change jobs before applying for permanent residence. There are a few things to keep in mind though.

  • If you move to another Town or state, you will have to obtain permission to work in that town/state.
  • For the same type of Aufenthaltstitel e.g. a Blue card, your new job must meet the same requirements as for your current job.
  • You will not get permanent residence if you are still in the probation period of your new job.

Absences abroad

As a rule, a residence title expires if its holder remains abroad for more than six months without interruption (section 51 subsection (1) No. 7 of the Residence Act). 

Here is a short summary of the most important points, but please refer to the official websites for detailed information.

  • A German permanent residence permit becomes invalid 6 months after leaving Germany. 
  • EU Permanent residence becomes invalid 12 months after leaving Germany.

Extensions can be granted in special cases. If you stay abroad for a longer period of time, you need a re-entry certificate issued by the Foreigners Office.
Long absences should always be communicated with the Foreigners Office before you leave Germany.
Your re-entry certificate cannot be issued after you have left Germany.

Special rules:

EU Blue Card
Blue-Card holders and their family members are allowed absences of less than 12 months without affecting the Blue Card’s validity.

Settlement Permit
Your settlement permit stays valid
a) if you are the spouse or registered partner of a German national. In this case, you have to make a joint statement, that your marriage or registered partnership continues to exist while abroad and after returning to Germany.
b) if you are 60 years or older, have legally resided in Germany for 15 years and return to Germany within 12 months. The same applies to the settlement permit of your spouse or registered partner if they are also 60 years or older.
c) if you have legally resided in Germany for 15 years and have sufficient means of subsistence after re-entry. In this case, the settlement permit of your spouse or registered partner also stays valid.

EC Permanent Settlement Permit
An EC Permanent Settlement Permit for Germany expires
a) if you live in the United Kingdom, Ireland, Denmark or outside the European Union for more than 12 consecutive months (for prior holders of a Blue Card: for more than 24 successive months)
b) if you live in another EU Member State (with the exception of the United Kingdom, Ireland, and Denmark) for more than six consecutive years.

References

Resources on the web

Vocabulary

Permanent Residence PermitDie Nierderlassungserlaubnis
Residence PermitDer Aufenhalstitel
VisaDas Visum
Blue CardDie Blaue Karte

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Please note: Although the information on this website has been prepared with the utmost care, we cannot accept any responsibility for inaccuracies contained herein. Always

If you plan to stay in Germany for longer than 3 months, you will need to register at your local Bürgeramt (Town office).
This is called a Meldepflicht and is compulsory. More about the law can be found in BMG (in German) or in English
It must be done within two weeks after moving into your residence. ” Anyone who moves into a residence shall register with the registration authorities within two weeks of moving in. (2) Anyone who moves out of a residence and does not move into another residence in Germany shall deregister with the registration authorities within two weeks of moving out. Deregistration shall be possible no more than one week before moving out; the population register shall be updated as of the moving-out date. “

Where do you register

As a rule, you must register at the registration authority (Meldebehörde) in your local town.  As an example, if you live in Oberaichen, which is part of Leinfelden-Echterdingen, which is part of the Stuttgart Stadkreis, you need to register at the Leinfelden office. 
You can use the Ortdienste website to find your local office. Click on the Bundesländer and zoom in from there.
Another website to use is Melderegister

You can also search online for Bürgeramt, Rathaus or Ortsdienste for your own town e.g. Rathaus Leinfelden. The personnel at these institutions are in my experience very helpful and you can contact them if you have any questions

Documents needed

  • Valid passport with your visa inside
  • Proof of residence  If you are renting, you must get a Wohnungsgeberbestätigung from your landlord or rental management company. The name and address of the landlord,  the names of all persons who are subject to registration, the address of the rental property and the moving-in date must be on this document.
  • Completed registration form. For most towns, this can be found online
  • Marriage certificate, if applicable

Change of address within Germany

This obligation to register also applies when you move to a new address within Germany. If you move within the same municipality, you must inform the registration office (Bürgeramt) in person.. This is called “Ummelden.  If you move to a new municipality you have to de-register (abmelden) at your previous address and register (anmelden) at your new address. You have to do it within two weeks of moving to your new address.

When moving to a new address, you must also inform the following authorities and institutions:

  •  Finanzamt – If the tax office changes as a result of your move, inform the new tax office of your new address and your tax number. If the same tax office remains responsible, it is sufficient if you state the change of address in the next tax return.
  • KFZ Zulassungsstelle (Vehicle Registration office) – As the owner of a motor vehicle, you must ensure that the vehicle registration documents are updated after the move. To do this, contact the responsible vehicle registration office. Don’t forget to inform your vehicle insurance company of the new address as well. You only need the seven-digit insurance confirmation code if you move to another city.
  • Banks, Utility companies, Insurance companies, German Pension Fund

Things to keep in mind

  • You must de-register (abmelden) when you leave Germany permanently
  • You will receive a bill for your television licence (Rundfunkbeitrag/GEZ) soon after registering.
  • Church tax (Kirchensteuer) is payable by default. If you do not want to pay church tax, you need to indicate it on your Anmeldeformular. You can also apply to stop paying afterwards. For that, you must go back in person to where you registered, and submit a declaration of resignation form (die Nieder­schrift der Austritts­erklärung). You pay a fee for this, the fee depend on the Federal State. The tax office is automatically informed of the change or the departure from the church.
  • Tip!! Ask them where you must apply for your German driver’s licence and if you need a First aid course for that

Vocabulary

Proof of residence die Wohnungsgeberbestätigung
Obligation to register die Meldepflicht
Administrative district das Stadtkreis
Registration certificate die Anmeldebescheinigung
Register Anmelden
Deregister Abmelden
Re-registration Ummelden
Citizens office die Bürgeramt

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Permanent Residence

Permanent residence in Germany is called a Niederlassungserlaubnis and may be granted in the form of a Settlement permit or Permanent EC residence permit. Very important!!

German laws and regulations

Where to find information The Bundesamt für Justiz publishes the laws and regulations to a the Gesetze im internet website. The main site is in