Immigration law

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The law on foreigners or aliens law is part of the special regulatory law that essentially regulates the entry and residence of people who do not have the nationality of the country of residence. Regulations that are not linked to nationality, but only to other characteristics (such as residence ) are not included in the term. This applies, for example, to regulations of tax law or family law with foreign relevance that are only linked to one place of residence.

The subject of immigration law can be provisions on travel, settlement, gainful employment, integration , social security and tax law.

The term foreigner or alien law is because of its negative connotation used less and less today, and increasingly by right of residence or Migration Law replaced. The successor to the Aliens Act , which expired in Germany in 2004, is called the Residence Act .

National and supranational

European Union and EFTA

Common market made up of EU members and EFTA states

The law of the European Union contains numerous regulations governing immigration law:

  • In the so-called Schengen law , which has been part of the legal system of the EU since the Amsterdam Treaty came into force , border crossing and border control as well as - for stays of up to 90 days per 180 days - visa law and the right to stay for third-country nationals are regulated regulated. The lists of citizens who require a visa for short stays and who do not have a visa are contained in a uniform regulation for the Schengen area , namely in Regulation (EU) 2018/1806 (EU Visa Regulation) .
  • The right of EU citizens and their family members to move and reside freely within the EU is the subject of the EC Treaty , Directive 2004/38 / EC and other legal provisions.
  • The Visa Code regulates the issuing of visas for transit and a stay of a maximum of 3 months .
  • The criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged by a third-country nationals in a Member State, in the so-called Dublin II Regulation, the Regulation (EC) no. 343/2003 set. Furthermore, EU law contains further provisions on asylum law, such as Regulation (EC) No. 2725/2000 , which sets up the "Eurodac" system, which is used to systematically compare fingerprints from asylum seekers and is intended to prevent them from being in several EU - Asylum applications are submitted by the same persons in states.
  • Numerous other directives from 2003 and 2004 also concern migration policy, such as the right to family reunification, third-country nationals who are long-term residents, victims of human trafficking, students, researchers, etc. Furthermore, the EU has concluded return agreements with third countries and regulates them jointly migration policy cooperation with foreign states (cf. the overview of the applicable Community law in this area ( Memento of June 19, 2006 in the Internet Archive )).

With the Vaduz Convention was established in 2001 between the EFTA -Staaten Iceland , Liechtenstein , Norway and Switzerland the freedom of movement , freedom of establishment , free immigration and free choice of residence agreed. The citizens of the Nordic countries and Liechtenstein are on an equal footing with those of EU member states as EFTA members on these points. There have been bilateral agreements with Switzerland since 1999, as Switzerland has not yet ratified EFTA accession.

Citizens within the common European market are therefore allowed to enter and stay in any member state even if they are not employed. The right of residence and immigration of Union citizens is therefore hardly accessible to autonomous legal regulation and control by the individual member states.

Immigration law in Germany

The legal principles relating to the entry and residence of foreigners in the Federal Republic of Germany, since January 1, 2005 at the Residence Act (AufenthG) and EEA Nationals in the Freedom of Movement Act / EU included (Freedom of Movement / EU). Both laws were enacted as Articles 1 and 2 of the Act on Controlling and Limiting Immigration and Regulating the Residence and Integration of Union Citizens and Foreigners ( Immigration Act ) , which also contains further legislative changes.

The Residence Act primarily regulates the residence of third-country nationals .

Objects of regulation are

  • the entry and residence requirements (§§ 3–5 AufenthG),
  • Granting and denial of residence permits ( § 5 , § 11 1 Abs. Sentence 2 Residence) taking into account the in § § 16 referred to -38 Residence stay purposes,
  • the revocation of residence permits ( Section 52 AufenthG),
  • rejection at the border (Section 15 of the Residence Act),
  • the occurrence of the obligation to leave the country§ 50 , 51 AufenthG) and
  • Criminal offenses and administrative offenses (§§ 95–98 Residence Act).

In order to make the Residence Act more concrete, the legislature empowers the Federal Ministry of the Interior as executive authority in Section 99 of the Residence Act to issue a Residence Ordinance (AufenthV). This regulates u. a.

  • Passport replacement papers (§ § 3-13 Residence Ordinance)
  • the exemption from the passport requirement ( § 14 AufenthV),
  • Exemptions from the requirement of a residence (§ § 16 -30, 41 AufenthV)
  • the visa procedure (§ § 31-38 AufenthV),
  • Fees for passport replacement , visa , etc. a. (§ § 44-54 Residence Ordinance),
  • identification requirements (§ § 55 -57 AufenthV),
  • The model forms for identity cards and residence permits (§ § 58 -61 AufenthV)
  • Maintaining certain files (§ § 62 - 70 AufenthV),
  • Administrative offenses ( Section 77 AufenthV).

In addition, Section 42 of the Residence Act empowers the Federal Ministry of Economics and Labor to issue the Employment Ordinance (BeschV), which regulates issues relating to work permits for foreigners.

The Asylum Act regulates the recognition procedure for asylum seekers . While the material asylum law follows from Article 16a of the Basic Law , refugee status is determined according to § § 3  ff. AsylG and subsidiary protection according to § 4 AsylG. According to the AsylG, the refugee's residence status is also determined during the recognition process ( Section 55 AsylG). The issuance of a residence title for a person recognized as having no appeal or a refugee is regulated in Section 25, Paragraphs 1 and 2 of the Residence Act.

The AZR Act contains regulations for keeping the central register of foreigners.

In order to implement the law on foreigners, the Federal Ministry of the Interior issued:

and in the division of the Federal Ministry of Labor and Social Affairs

The German tax law generally contains no distinctions on the nationality , which is the reason that in the forms for tax returns nationality need not be specified.

See also → main article residence status (Germany) ; Greencard (Germany)

Aliens law in Austria

In Austria , aliens law is im


See also → main article residence status (Austria)

Immigration law in Switzerland

In the Swiss Confederation , the law on foreigners is primarily regulated in the Federal Act on Foreigners (AuG).

See also → main article residence status (Switzerland)

See also




Web links

  • - overview of case law, literature, laws and ordinances on German and European migration law


Individual evidence

  1. Short Overview of the EFTA Convention . EFTA, accessed October 6, 2019.
  2. ^ Agreement between the Swiss Confederation, on the one hand, and the European Community and its member states, on the other hand, on freedom of movement (PDF; 302 kB).
  3. Karen Raible: Specifications and directly applicable norms of the supranational law of the European Community . In: Immigration Law - National and International . Ed .: Giegerich, Wolfrum. Leske and Budrich, 2001, ISBN 3-8100-3181-X , p. 46.