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South Africans in Germany

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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 stay in Germany for longer than 90 days, you will need to apply for the correct visa in your home country. Once in Germany, you must apply for the subsequent residence permit (Aufenhaltstitel) at the competent Aliens Authority in Germany. 
It will also regulate what you are allowed to do in Germany, such as weekend work while on a study visa.

A temporary residence title (Aufenthaltserlaubnis) is granted for a limited time and a specific purpose. 
Blue cards and ICT cards are also seen as temporary residence permits under Section 18c AufenthG (German Residence Act)

Aufenthaltstitel

An Aufenthaltstitel is a general term for a residence title or permit that authorizes non-EU/EEA nationals to stay in Germany legally for a specific purpose. It serves as proof of legal residence and may allow the holder to work, study, or engage in other activities, depending on the type of permit granted.
There are several types of Aufenthaltstitel

  • Temporary Residence Permit (Aufenthaltserlaubnis)
  • Permanent Residence Permit (Niederlassungserlaubnis)
  • EU Blue Card
  • EU Permanent Residence
  • ICT Card (Intra.Corporate Transfer)
  • Visa

Aufenthaltserlaubnis

The Aufenthaltserlaubnis is a temporary residence permit granted to non-EU/EEA nationals for specific purposes in Germany. 

Unlike permanent residence, this permit is limited in duration and tied to the purpose for which it was issued.

The framework for the Aufenthaltserlaubnis is outlined in the German Residence Act (Aufenthaltsgesetz).

Key Purposes of the Aufenthaltserlaubnis

According to the BMI, key purposes for a temporary residence title (Aufenthaltserlaubnis) are:

Education and Training

This includes studying at a university, participating in vocational training programs, Recognition of foreign professional qualifications or attending language courses (§§ 16-17 AufenthG).
Holders of this permit are allowed to stay in Germany for the duration of their education, with possible extensions if the program takes longer than expected.

Economic activity

The permit can be issued for employment purposes (§§ 18 ff. AufenthG), including:

  • Skilled workers with vocational training qualifications – Section 18a
  • Skilled workers with specific qualifications. – Section 18b
  • Researchers and academics. Section 18d -18f
  • ICT Cards for intra-corporate transfers (§ 19 AufenthG) allow temporary assignments within the same corporate group.
  • Other employment purposes; Civil servants. – Section 19c
  • Participation in European voluntary service – Section 19e

Skilled Workers seeking Employment

Section 20 of the German Residence Act (AufenthG) allows skilled workers to obtain a temporary residence permit to seek employment in Germany, subject to specific conditions.

Self-Employment

Under §§ 21 ff. AufenthG non-EU/EEA nationals can obtain a residence permit to establish or manage a self-employed business in Germany.
Freelancers (Freiberufler) such as artists, journalists, IT professionals, or healthcare practitioners can also apply under Section 21.

Humanitarian, Political, or International Grounds

Residence permits may also be issued for reasons such as asylum or other humanitarian protections (§§ 22-26 AufenthG).

Family Reunification

Individuals may be permitted to join close family members already residing in Germany (§§ 27-36a AufenthG). This typically applies to spouses, children, or parents of minors living in Germany.

The issuance of the residence permit for each of these purposes is subject to its own specific requirements. These requirements are also outlined in the Residence Act—partly in the general section of the Act and partly under the specific purpose.

An extension of the residence permit is only possible if the conditions that were required for the initial issuance still apply. However, the responsible authority may exclude an extension if the stay was intended to be temporary based on its purpose.

When extending the residence permit, it must also be taken into account whether the foreign national has fulfilled their obligation to participate properly in an integration course. If the foreign national was or is required to participate in the integration course, the residence permit is generally only extended for one year at a time until the individual successfully completes the course or provides evidence of integration into social and societal life through other means.

ICT Card for intra-corporate transferees

§§ 19 of the AufenthG addresses ICT Cards, a type of residence permit designed for the purpose of intra-corporate transfers. An intra-corporate transfer refers to the temporary assignment of a foreign employee within the same company or corporate group.
Section 19c deals with: Other employment purposes; civil servants

Example of an Aufenthaltstitel

Temp Aufenthalt
  • This is an example of an Aufenhaltstitel, under Art des Titles it will indicate Aufenthaltserlaubnis.
  • The “Gultig bis” is the validity date of your residence permit. Make sure you apply for an extension of your residence permit early enough.
  • Under the Anmerkungent there will be information on the specific purpose and any limitations. In this example, 19C ABS 4 is referring to Chapter 19c of the Act on Residence, Section 1 I.V.M 11 Section 2. 
  • If you get a “Zusatzblatt” or supplementary sheet, more detailed information can be found there, for example, “Erwerbstätigkeit gestattet” means employment is permitted

Limitations

      • The Aufenthaltserlaubnis does not automatically lead to permanent residency.
      • Holders are typically restricted to activities or purposes specified in their permit.
      • If the purpose of stay ends (e.g., job termination), the permit may become invalid unless another qualifying purpose applies.

 

Employment limitations

There is only an entitlement to gainful employment if this entitlement is expressly included in the residence permit (in the form of an electronic residence permit or in the form of an adhesive label).
The scope of a permit for gainful employment is entered in the residence permit or it is documented on a supplementary sheet (Zusatzblatt) 

Duration

The validity period of the Aufenthaltserlaubnis is linked to the purpose of the stay. Extensions are possible but require continued fulfilment of the original conditions. For instance:

  • Students can extend their permit if their studies are ongoing.
  • Employees may renew their permit if their job contract is extended.

However, authorities may limit extensions if the stay is explicitly intended to be temporary.

Permanent Residence

Depending on the specific type of Aufenthaltstitel (residence permit) you hold, you may be eligible to apply for permanent residence (Niederlassungserlaubnis) in Germany if you meet the necessary criteria. Eligibility typically requires a certain period of lawful residence in Germany, financial independence, sufficient German language skills, and integration into German society. For example, individuals with a residence permit for employment or family reunification may apply for permanent residency after 33 months (or 21 months for EU Blue Card holders with advanced language proficiency). Similarly, those who have studied or completed vocational training in Germany may qualify after two years of employment related to their field. The exact requirements vary based on your specific permit and circumstances.

Permanent Residence

A permanent residence in Germany is called a Niederlassungserlaubnis and may be granted as a Settlement permit or Permanent EC residence permit. Very important!! Your residence card

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Travel in the Schengen area

If there are no limitations on the amount of entries in and out of Germany, you can use the permit to travel to and from Germany into the Schengen area.

Legal Basis

Info on the web

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