FAQ Immigration Law: Answers to the Most Important Questions
Frequently Asked Questions on Immigration Law
Questions about residence in Germany often affect your entire life: your family, your work, your future. Official decisions are not always easy to understand, and deadlines are frequently short. On this page I answer the questions I am asked most often in immigration law. The answers give you initial guidance but do not replace individual advice on your specific case.
My residence permit will expire soon. What do I need to do?
File the extension application in good time before it expires, ideally several weeks in advance. If you submit the application before expiry, your existing residence is generally deemed to continue until a decision is made (so-called fiction effect). If you miss the deadline, your residence can become unlawful, with serious consequences. If the immigration office does not respond or requests additional documents, you should seek legal advice.
My application was refused. Can I do anything about it?
Yes. Against a refusal you can generally file an objection or bring an action within a specific deadline. These deadlines are short and must be observed. A refusal is not the end: it is often based on missing documents, an incorrect assessment or an error in the authority's exercise of discretion. Have the decision reviewed quickly so that no deadline is missed.
What is a Fiktionsbescheinigung (provisional certificate) and what may I do with it?
A Fiktionsbescheinigung confirms that your residence is provisionally deemed to continue while a decision is made on your application. The rights it grants you, for example to work or travel, depend on which type of fiction applies. This is not always clear and often leads to problems in practice with employers or when re-entering the country. When in doubt, you should have it clarified exactly what your certificate allows.
When can I apply for naturalization?
Naturalization generally requires several years of lawful residence, a secure livelihood, sufficient German language skills and further conditions. The requirements have changed several times in recent years. Whether and when you meet the conditions is best assessed on the basis of your specific situation. A carefully prepared application often saves you long delays.
Can I keep my current citizenship if I become German?
Multiple citizenship is now possible in significantly more cases than before. Whether you can keep your current citizenship depends on the rules of both states. Since the legal situation has changed, it is worth having your case reviewed up to date before making any decisions.
How can I bring my family to Germany?
Family reunification, for example of spouses or children, is subject to certain conditions, such as sufficient living space, a secure livelihood and in some cases proof of language skills. The procedures often run through German missions abroad and can be lengthy. Good preparation of the documents and applications speeds up the process and avoids refusals.
I am facing deportation. What can I do?
Act immediately. Depending on the situation, urgent legal protection, an application for a temporary suspension of deportation (Duldung) or other legal steps may be possible. What matters is that the deadline does not expire and that all options are examined. Even when the situation seems hopeless, there is often room to act, for example due to family ties, health reasons or procedural errors. Do not wait, but seek legal help quickly.
I want to come to Germany as a self-employed person or entrepreneur. Which residence permit applies?
For self-employed persons and entrepreneurs, a residence permit under Section 21 of the Residence Act (AufenthG) is particularly relevant. The conditions include, among other things, a viable business concept and an economic interest or regional need. Especially for investors and founders from third countries, a convincing presentation of the project is decisive. Here I advise you strategically so that your application has a real prospect of success.
I am a skilled worker from abroad. How can I come to Germany?
For qualified skilled workers there are various routes, such as the EU Blue Card for academic professionals or skilled worker immigration under Sections 18a and 18b of the Residence Act. As a rule, the recognition of your qualification and a concrete job offer are important. Which route is right for you depends on your qualification and your profession.
The immigration office is not responding to my application. What can I do?
You do not have to accept an excessively long processing time. If the authority fails to decide without sufficient reason, an action for failure to act (Untätigkeitsklage) may be possible under certain conditions in order to compel a decision. Often a letter from a lawyer is already enough to get a stalled procedure moving.
Do I even need a lawyer when dealing with the immigration office?
Not in every case, but especially with refusals, deadlines, delays or complex situations, legal support can be decisive. In immigration law much is often at stake, and small mistakes in the application or missed deadlines can have major consequences. Early advice creates clarity and prevents a solvable problem from becoming a serious one.
Do you also advise in Russian and English?
Yes. I advise in German, English and Russian and represent clients throughout Germany. Especially in immigration law, it is important that you can describe your situation in your own language and clearly understand the legal context.
Do you have a question that is not answered here, or a specific case? Do not hesitate to contact me directly. In immigration law, deadlines and proper preparation are often decisive.