Visa
Most nationals require a valid visa to enter Germany. You can enter Germany visa-free if you are an EU citizen or a national of one of the countries exempt from the visa requirement for short stays.
The required visa must be issued by the German embassy or consulate before you enter the country. The requirements you must fulfill depend on the purpose of your stay (e.g. family reunification, gainful employment, etc.).
For short-term visits or a business trip, you can apply for a C visa (so-called “Schengen visa”). The maximum possible duration of stay is 90 days within a reference period of 180 days. The visa entitles you to stay in all member states of the “Schengen area”.
It is generally not possible to “convert” a Schengen visa into a residence permit after entry.
The most common reason for refusing a visit visa is that the embassy assumes that you do not want to return to your home country. A Schengen visa will not be issued, especially if permanent residence is planned (e.g. family reunification).
The embassy often conducts an interview and asks for documents. When making its decision, it takes into account family ties in the home country (parents, children or relatives to be cared for), professional ties (existence of a regular employment relationship), economic ties (assets, property ownership) and previous travel within the Schengen area.
The courts grant the consulates a wide margin of discretion in assessing the facts of the case, which cannot be reviewed by the courts. An appeal against the refusal of a Schengen visa is therefore unlikely to be successful.so that we are not active in these cases. Further background information can be found in our seminar script Visiting Visas and Temporary Stays.
National visas for longer-term stays, so-called D visas (e.g. for studies, employment or for family reunification) generally require the approval of the German immigration authority responsible for the place of residence. The foreigners authority agrees to issue a visa if there is an entitlement to a long-term residence permit after entry. The requirements depend on the desired purpose of stay. The decision on a visa application for longer-term stays can take from a few days (e.g. for the issue of an EU Blue Card) to several months (e.g. for a visa for family reunification).
University graduates have the option of obtaining a visa to look for a job without a work permit for a maximum of 6 months. In addition to a university degree, proof of livelihood must be provided. The visa cannot be extended. A stay abroad of the same duration is required before a new visa can be issued. If a job offer is available, a BlueCard can be issued.
If a visa is refused, the embassy will issue a letter of refusal. This only contains a brief statement of reasons, if at all. If the decision is negative, you have the option of asking the embassy to review the decision in a letter of remonstration or to file an appeal with the Berlin Administrative Court. An immediate appeal can be useful if no new facts can be presented and it is therefore unlikely that the embassy will change its decision.
If the embassy sticks to its negative decision after a remonstration, it will issue a remonstration decision with reasons. This can be contested within one month of notification by filing an appeal with the Berlin Administrative Court. The legal proceedings before the Berlin Administrative Court currently take around 8 to 12 months.
The decisive factor for legal action is whether there is a right to a visa or whether the embassy can exercise discretion. This depends on the reason for the stay. In visa procedures requiring approval (family reunification, etc.), it may be advisable to inspect the file held by the foreigners authority. In some cases, alternative courses of action can also be developed with the help of European law in a legal consultation.
Our specialist lawyers for migration law Sven Hasse and Marten Kaspar will advise and represent you in this area.
