The Residence Act (Aufenthaltsgesetz – AufenthG)

The Residence Act (Aufenthaltsgesetz – AufenthG) regulates
entry and residence of foreign nationals. Most foreign nationals
from outside the EU need a residence title (Aufenthaltstitel)
to enter or reside in Germany. This can be a visa (Visum), a
residence permit (Aufenthaltserlaubnis), or a permission of
settlement (Niederlassungserlaubnis).

Persons wishing to enter
Germany must normally obtain a residence title in advance in
the form of a visa from an offcial representative of the Federal
Republic of Germany in their home country. A short-term visa
is suffcient for a stay of up to three months within a six-month
period without taking up paid work.

Furthermore, citizens of
many countries do not need a visa for private or business trips
of up to three months’ duration. Individuals intending to stay for
more than three months or to take up paid work must obtain a
national visa (nationales Visum). Such a national visa must be
approved by the immigration offce (Ausländerbehörde) of the
place where the foreign person intends to settle.

The Federal Employment Offce (Bundesagentur für Arbeit) also needs to ap-
prove the issuance of the visa if an individual intends to take up
employment. Nationals from EU Member States do not need a
visa or any another residence title to enter or reside in Germany.
Nevertheless, they must register with the proper authorities (Ein-
wohnermeldeamt) in the same manner as German citizens.

They have the right to be automatically granted a residence permit
where this right exists under the EU treaty (freedom of movement
of workers, etc). Citizens of Australia, Israel, Japan, Canada, South
Korea, the United States, and New Zealand may also travel to Ger-
many without a visa and apply for the necessary residence permit
upon entry.