Information on immigration law




Legal basis
The right of EU citizens and nationals of Iceland, Norway and Liechtenstein (EEA nationals) and their family members to move and reside freely in Germany is summarised in the Freedom of Movement Act/EU. Swiss nationals are essentially on an equal footing with EU citizens.
The Residence Act applies to all other nationals (so-called third-country nationals). In particular, it regulates the entry, residence, employment and integration of foreign nationals.
The procedure for asylum seekers is governed by the Asylum Procedure Act.
EU citizens and EEA citizens only need a recognised, valid passport or passport substitute (identity card) to enter and stay in Germany. There is no visa or residence permit requirement.
EU and EEA states:
Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Iceland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary and Cyprus.
There is an unrestricted right of residence for the first three months after entering the country.
After that, a so-called freedom of movement requirement must be fulfilled:
- Persons in gainful employment (self-employed or employed),
- Persons not in gainful employment if they have sufficient means of subsistence and health insurance cover (e.g. students),
- family members (also from non-EU/EEA countries) or
- permanent residents (after 5 years)
Since January 2013, it is no longer necessary to obtain a certificate from the immigration authority confirming the right to freedom of movement. All you need to do is register at the registration office (unless you are only staying here as a tourist).
Register your place of residence in Chemnitz
Croatian nationals require a work permit to take up employment. This must be applied for at the International Placement Services (ZAV).
Central Foreign and Specialised Placement Office
Team 325
Dahlmannstraße 23
47169 Duisburg
Fax: 0203 / 9907 279 238
Special regulations for Swiss nationals
Swiss nationals must report their stay to the foreigners authority within 3 months of entering the country.
Download:Notification of residence for Swiss nationals
Although they essentially enjoy the same rights as EU citizens, they require a residence permit for a stay of more than 3 months. They can choose whether the residence permit is to be issued as an electronic residence permit (EUR 28.80) or only in paper form (EUR 8.00).
Foreigners may only enter and stay in Germany if they have a recognised and valid passport or passport substitute. In addition, they require a residence permit for entry and residence.
Residence permit:
- Visa
- Residence permit
- EU Blue Card
- Settlement permit
- Permanent residence permit-EU
Entry
In principle, avisa is required for entry (general visa requirement). This must be applied for at the German diplomatic mission in your home country.
Information from the Federal Foreign Office
As a rule, adeclaration of commitment is required, particularly for the issue of a tourist visa. If you would like to submit a declaration of commitment for someone, please make an appointment by calling 0371488-3403.
Form and information: Submitting a declaration of commitment to cover costs
Citizens of some countries can generally enter Germanywithout a visa, regardless of the purpose and duration of their intended stay (general exemption from visa requirements). These include Australia, Israel, Japan, Canada, New Zealand, the Republic of Korea and the USA.
Some countries are exempt from the visa requirement for a stay in the territory of the Schengen states of a maximum of three months, as long as no gainful employment is taken up (Annex II of Regulation (EC) No. 539/2001 - Exemption from the visa requirement for short stays).
Member states of the Schengen Agreement (Federal Foreign Office)
Exemption from the visa requirement for short stays
Residence permit after entry
In Germany, residence permits are issued and extended by the foreigners authority responsible for your place of residence. Since 1 September 2011, residence permits have been issued as multifunction cards in credit card format as electronic residence permits (eAT). For this, fingerprints are taken at a personal interview, a biometric passport photo is required and a signature is necessary.
Information on the electronic residence permit (BAMF)
Forms for issuing and renewing a residence permit
Temporary residence permit
The residence permit is always limited in time. It is issued for the purposes of residence specified in the Residence Act (family reasons; study and training; gainful employment; international law, humanitarian and political reasons). The legal basis is noted in the document.
Settlement permit
The settlement permit is not limited in time and requires several years of legal residence as well as economic and social integration. Depending on the group of people, it is issued on different legal bases.
Re-issuing a residence permit when a new passport is issued (transfer)
If you have received a new passport, a new electronic residence title (residence permit or settlement permit) must be issued. This requires you to come in person to have your biometric data taken.
Please make an appointment by calling 488-3410 or 3412 or.
You will need the following documents at the appointment:
- old and new passport
- if already available: electronic residence permit
- 1 biometric photo
- 67.00 Euro fee
Acquisition of German citizenship
1. by birth in Germany
A child of foreign parents acquires German citizenship by birth in Germany if one parenta) has been legally resident in Germany for five years and
b) has a permanent right of residence or, as a Swiss national or family member, a residence permit on the basis of the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (Federal Law Gazette 2001 II p. 810).
see § 4 para. 3 StAG
No application is required. The newborn child is registered at the registry office. The requirements are checked there. If they are fulfilled, the child is a German citizen and the registry office issues a corresponding notification.
At the same time, the child can receive the nationality of the parents.
2. through naturalisation
Amendment of the nationality law
The Act on the Modernisation of Citizenship Law came into force on 27 June 2024.
The most important changes at a glance:
- It is no longer necessary to renounce your previous citizenship.
- The required residence periods will be reduced to five years or three years (in the case of special integration achievements).
- In order to be eligible for naturalisation, you must be able to support yourself and your family members without benefits under the Second or Twelfth Social Security Code.
- In addition to the previous commitment to the free democratic basic order, naturalisation applicants must in future also acknowledge Germany's special historical responsibility for the unjust National Socialist regime and its consequences, in particular for the protection of Jewish life.
All other previous naturalisation requirements remain in place.
Detailed information on naturalisation from the Federal Ministry of the Interior and Homeland:
> www.bmi.bund.de
Applications are processed chronologically, i.e. according to the date of receipt. Due to the large number of applications received, there is currently a waiting period of approximately one year before processing can begin. In the meantime, please refrain from submitting status enquiries, as these tie up processing staff and may delay processing even further. The forecast of waiting times is non-binding. We reserve the right to make changes.
The City of Chemnitz is continuously implementing organisational measures to reduce waiting and processing times for naturalisation applicants. However, these measures can only take effect gradually.
We would like to point out that hiring a legal advisor does not lead to faster processing of a naturalisation application. It is also possible to file an action for failure to act in accordance with § 75 VWGO, but this does not lead to faster processing either.
Attention: Dubious agencies!
The Foreigners and Citizenship Office of the City of Chemnitz would like to point out that only the statutory fee of € 255.00 or € 51.00 for children to be naturalised is charged for naturalisation. No additional processing fees are charged.
The authority does not work with other intermediaries or agencies that offer you their services by telephone, via websites or messenger apps. These have no access to the appointment allocation or influence on the application processing. Every applicant can contact the authority at the following email address to complete the naturalisation procedure: staatsangehoerigkeitsbehoerde(at)stadt-chemnitz.de
Your enquiry/application will be registered and you will be contacted by the authority as soon as processing begins. It is not necessary to use any other service providers.
Determination of nationality
In certain cases, authorities and embassies require a particular person to provide proof that they are or are not a German citizen. In such cases, either a certificate of citizenship or a negative certificate will be issued upon request.
The documents to be submitted for the issue of acitizenship cardfor German nationals will be explained at a personal interview.
When applying for anegative certificate, the passport and birth certificate must be submitted with a translation by a publicly appointed and sworn interpreter.
The administrative fee is €25.00.
Benefits for asylum seekers
The asylum procedure is carried out by the Federal Office for Migration and Refugees (BAMF). As part of an asylum procedure, it is clarified whether an asylum seeker should be granted asylum, refugee protection or subsidiary protection or whether the asylum application should be rejected. The procedure is divided into several steps.
moreRefugees and asylum in Chemnitz
Good preparation and organisation are required to receive and accommodate the refugees and asylum seekers who have arrived in Chemnitz. It is also important to take the concerns of citizens seriously and ensure good co-operation. We have therefore compiled information on various topics and questions.
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