visa

from Wikipedia, the free encyclopedia
Various visas and other control stamps in a German passport
As can be seen on this older passport from Austria , various visas are entered by sticking vignettes, among other things .
Visa from Hong Kong and the United Arab Emirates in a German passport
Israel no longer stamps the passports of western tourists, but issues inserts

A visa is a confirmation from a foreign country - usually entered in a passport - that entry, transit or residence of the passport holder is permitted.

Designations

In the GDR the term was common. Until 1990 the West German legislature did not know the word visa at all. Until then, instead of “visa” - regardless of the substance - the word visa was used. Mainly through the Schengen Implementation Agreement of 1990 and after the introduction of the uniform Schengen visa , which is valid in all contracting states , the term visa gradually found its way into legislation and finally replaced the word visa completely at the end of 2011.

The development in Austria was similar. Finally, the original version of Section 15 (2) Aliens Police Act 2005 (FPG) also contained the definition of the visa requirement, which was understood as the obligation of third-country nationals to have a visa to legally enter Austria. With the entry into force of the Aliens Law Amendment Act 2011 on July 1, 2011, the word " approval" has also disappeared from the Austrian legal system; the words visa freedom and visa requirements have been there through visa-free and visa regime replaced.

The word visa ( plural form visa , also visas ) comes from the Latin ( past participle neuter to videre ' to see' , literally 'what is seen'). In other languages, the word from the Latin is charter visa derived and therefore also means the singular Visa ( "the seen Paper") and in the plural corresponding visas . These forms are also occasionally used in everyday German .

Forms of Visa

In most cases, the visa is issued as an entry visa , some countries also require an exit visa or a visa for travel within the country ( travel visa , transit visa only for immediate transit). A visa to travel through the international transit zones of one or more airports is known as an airport transit visa .

Depending on the legal system of the issuing country, the visa can be a residence permit in addition to the permit to cross the border. The legal system of the issuing country also determines which authority issues the visa. The authority responsible for issuing entry visas is usually a consulate and the consular department of an embassy in the respective country. Issuance at a border crossing point or at the airport is only permitted in exceptional cases in some countries, while in other countries it is the norm.

A visa is regularly affixed to the traveller's passport or passport substitute, or - especially if the applicant's travel document is not recognized by the visa-issuing state - a separate sheet is used to affix the visa.

General purpose of the visa requirement

A visa requirement exists primarily to prevent people from entering the issuing country who do not meet the requirements. For this purpose, the admissibility of the border crossing is checked in an upstream administrative procedure. The pre-screening can have several causes and objectives, e.g. B .:

  • At the border control itself there is only a limited possibility of checking the entry requirements for time and numerous practical reasons. So z. For example, when examining an application for an entry visa, a diplomatic mission abroad who is familiar with the area in the country of origin or residence can better assess the authenticity and the informative content of documents presented from this country. In addition, there is sufficient time to involve other bodies, such as police authorities or intelligence services .
  • If transport companies are obliged to only transport foreigners with a valid entry visa, the likelihood of people arriving by air or sea in the area of ​​the destination country is reduced, where they will then be refused entry because they do not meet the requirements , but then a return transport z. B. fails because of the lack of entitlement to return to a state or because of the concealment of the origin of the person entering the country.

In addition to regulating entry in general, visas are also used in particular to control immigration .

Usual exhibition requirements

General

In order to obtain a visa, the purpose of the trip, the financing of the stay including health insurance cover and the willingness and possibility to return to the country of origin must be documented. An invitation from the destination country and documents that prove the applicant's financial situation in the country of origin, such as salary slips, may be required as proof of this. According to the law of many countries, a declaration of commitment makes it possible to use the inviter's funds if government agencies incur costs as a result of the stay (e.g. social assistance costs or costs of deportation in the event of an unauthorized stay).

Willingness or willingness to return

In practice, the proof of the required willingness or willingness to return is often particularly problematic. In connection with Schengen visas, the responsible diplomatic mission abroad must check whether the applicant has reasonable doubts about the applicant's stated intention to leave the territory of the Member States before the visa applied for expires. Well-founded doubts about the willingness of applicants to return exist, according to case law, if the applicant cannot prove sufficient economic or family roots in the home country to make a return likely. Accordingly, economic roots do not already exist if the applicant is working in his home country; rather, the overall economic situation, including any existing residential or property ownership, must be so favorable in relation to the living conditions in Germany that it is unlikely that the domestic economic existence will be left behind. Relevant family roots can result from (non-accompanying) spouses and small children or, in the case of older people, from a strong involvement in the association of the extended family (multi-generational household), whereby the assessment of the family situation is ultimately subject to considerable scope for assessment.

Other aspects

In many cases, visas are linked to certain requirements or restrictions, e.g. B. The holder of short-term visas is usually not allowed to pursue any professional activity with the exception of typical business meetings on a business trip. Long-term visas for students or employees are issued by many countries.

Citizens from countries of the European Union (EU) and the European Free Trade Association (EFTA) can either travel to almost any country in the world without a visa or at least have little difficulty in obtaining a tourist visa, thanks to the good relationships that exist.

Visa application in practice

The consular departments of the embassies and consulates often ask for the following documents in connection with the visa application. The details differ according to the law of the issuing country concerned:

  • A completed and signed application form, sometimes in several copies,
  • one or more current passport photos , if applicable ,
  • a passport , which often has to be valid for a certain time after the planned trip,
  • an invitation or other documents that prove the purpose of the stay and the financing of the stay (see above under " usual exhibition requirements "),
  • Confirmation of employment and proof of income in your home country, or, if applicable, confirmation of your studies with passed exams,
  • a health insurance that is valid for the duration of the stay and the corresponding country of destination and, if necessary, recognized by it,
  • proof of payment of consulate fees from 30 to 300 euros per person. The amount can depend on the type of visa, the length and purpose of the stay, the number of entries and the desired processing time.

Only the competent diplomatic mission abroad (consular department of the embassy or the consulate general ) can provide binding information on the precise conditions for granting the application and the requirements set by the issuing state. Many states ensure that these requirements are met exactly, which in some states can change frequently or at short notice. In addition to the general processing time, the applicant must also take into account the fact that the fulfillment of special application requirements can mean increased effort: Some states require the applicant to be present in person, or photographs must be submitted in a certain format that is unusual in the applicant's country of residence can be. Some exhibiting states offer expedited exhibition for an increased fee. A processing time of one to 14 days is typical. Some consulates offer to process the visa procedure by post; Whether this option is granted may depend on the nationality of the applicant or may be regulated differently for different diplomatic missions of the same state. Most states exclude liability for the delay in issuing a visa from the outset, or they can reject it with an indication of difficulties in the individual case.

Visa and border crossing

The exact legal content of the decision on a visa can best be explained by looking at the legal connection between the issuance of a visa and the permission to enter at the border control . It is structured differently in different legal systems, which is important in connection with legal protection against a non-granted visa or an entry ban:

  • In some countries, such as the USA and Japan , the visa is not legally treated as a residence permit , but as a special kind of document , which is a necessary prerequisite for first filing the actual application for admission to entry and residence at the border crossing point . The visa itself does not entitle you to stay. Rather, the right of residence is only granted upon entry. This legal construction enables the immigration officers to check the entry requirements when crossing the border, despite the presence of a visa, and to only allow entry after this check.
  • In Europe, especially in the Schengen area , however, the visa is predominantly viewed as a permit issued in advance for entry and residence . With the visa, entry and the subsequent stay are initially permitted. The actual authorization of entry with a visa then no longer includes an independent decision by the border control officer about the stay. Even in the Schengen area, however, the entry requirements must be checked again when crossing the border. Therefore, even if you have a visa, there must be a way to prevent entry. Regulations according to which visas can be revoked before entry under simplified conditions lead to a similar result as the US construction. The German law of residence consequently treats a visa as a residence permit that is issued prior to entry.
  • In 2021, all visitors who do not currently require a visa to enter Europe are expected to apply for an ETIAS permit.

For legal protection , this difference results in that according to the first model an action can be taken for permission to enter the country (because this involves a new decision), according to the second model, however, a lawsuit for the issuance of a visa and any revocation must be filed .

In general, a visa allows you to stay in a specific state or group of states (e.g. Schengen area ) and for a specific period of time (typically up to three months for visitor visas ).

Visa and border control stamp

The demarcation between a visa and a border control stamp - like the legal content of a visa - can only be determined on the basis of the legal system of the respective country concerned. The following designs are particularly common:

Visa for entry and exit ( Cambodia and Thailand )
  • Proof of the fact of the (controlled) border crossing: The border control stamp only documents the entry (or exit). It contains information such as the day, the location and the means of transport used. The border control stamp has this function in the Schengen states, for example. It provides information on how often a valid visa - only for a limited number of entries - was used and whether the maximum length of stay was exceeded. A right of residence for foreigners who are allowed to enter without a visa is then not granted by the stamp, but is derived directly from legal provisions, as in the case of the Schengen area from Article 20 of the Schengen Implementation Convention .
  • Information about the right of residence in the control stamp : This is a variant of the first case: The right of residence results from the law, its scope (e.g. stay up to 90 days permitted) is indicated in the control stamp without the stamping having its own legal status Decision is made.
  • Residence permit and exit visa (GDR)
    Proof of the decision to
    stay: If the law of the country of entry provides that the right of residence is only granted upon entry through a decision of the border control staff, this decision can be documented with the entry stamp. Combinations with the first variant are conceivable (for example: documentation only of border crossing with the stamp in the passport, documentation of the length and type of permitted stay on a separate immigration card ). Some countries (such as Israel , Malaysia and Singapore ) notarize for visa-free entries the stay decision stating the permissible length of stay (eg., 90 days) and the purpose of residence (eg. As visitors) in the control mark, while for entries with a visa by another control stamp only document the fact of entry according to the first variant.
  • Visa issued at the border : Some countries regularly issue visas at the border and then, if necessary, also provide these visas with entry control stamps. This is common in Turkey , for example, with regard to some states that require a visa there. In the Schengen area, visas can also be issued at the border, but only as an exceptional visa if an unforeseeable and compelling reason for entry is asserted and a special interest (e.g. political or humanitarian in nature) is credible.

Similar to the form of a visa, entry control notes are stuck into the passport as a label , are more forgery-proof than conventional stamps and facilitate border control, for example via barcodes that can be read in again when leaving the country, so that an exit is assigned to the associated entry process can be. Japan , for example, uses such a method.

Furthermore, in almost all countries there are rejection stamps if a person is not accepted into the country (see stamp Entry denied - entry from Egypt to Israel ).

reciprocity

Whether or not citizens of other countries are made subject to the visa requirement is determined solely by the law of the country of entry. There is no general principle of international law according to which visa reciprocity should or should not be granted. Another result could even lead to a possibly security-politically problematic state being able to grant its citizens universal visa exemption by making all foreigners visa exempt.

Visa agreement

In so-called “visa agreements”, however, numerous states have agreed on a bilateral basis to grant their nationals a visa-free visa . In most cases, these agreements only relate to certain categories of stay, such as tourists , or stays for a certain maximum period. Some of these agreements are designed asymmetrically. In these cases, they grant nationals of one state more favorable rights than nationals of the other contracting state. For example, a visa agreement of 1953 that was concluded between Germany and the USA grants US nationals visa-free entry to Germany for numerous purposes, while for Germans it only provides for easier visa issuance. Conversely, the visa agreement between Germany and Mexico grants German tourists a six-month visa-free stay in Mexico, while the agreement does not grant Mexicans any comparable benefits for stays in Germany.

Visa agreements that were concluded by the Schengen states before September 1, 1993 remain in effect with their benefits; The law of the European Union provides for the Member States the possibility to continue to apply these older endorsement agreements. In the meantime, Schengen states can only conclude visa agreements to a limited extent because the relevant regulatory matter has largely passed into the legislative competence of the European Union. Approval agreements of the EU member states may therefore only refer to situations in which the European Union has left the member states their own regulatory competence.

European Union negotiating mechanism

In the Schengen states, there is a uniform list of the countries of origin that require and do not require a visa. It is the political aim of the European Union to ensure that all Union citizens are free of visas, at least in those states whose citizens are allowed to enter the Schengen area without a visa. The European Commission is therefore negotiating with those third countries whose nationals are exempt from the visa requirement about the repeal of those visa regulations that exclusively discriminate against citizens of individual EU member states. This procedure involves the disadvantaged EU member state in the negotiations and is subject to certain reporting obligations. The Commission can propose to the Council of the European Union the temporary or permanent introduction of a visa requirement for citizens of the country concerned. Since the introduction of the visa requirement for the entire Schengen area or even the corresponding threat is far greater than the introduction of the visa requirement only in a single Schengen state, this mechanism is particularly suitable for smaller and therefore politically less powerful member states protect unacceptable travel restrictions.

The European Commission has addressed the issue of reciprocity of visa exemptions against third countries concerned after the introduction of the negotiation mechanism at the highest political level and in relation to Mexico and New Zealand already reached full reciprocity. With regard to Canada , the Commission is considering the recommendation to “consider appropriate measures”, while with regard to the US it recommends that a change in the law there take effect.

Visa according to Schengen law

Visa categories
  • Schengen members
  • EU members outside the Schengen area as well as dependent areas of EU members with identical visa rules
  • Parts of the EU with their own visa rules
  • Visa-free access to the Schengen area for 90 days in a period of 180 days (2018/1806 Annex II)
  • Visa required (2018/1806 Annex I)
  • Visa also required for transit via Schengen countries (810/2009 Annex IV)
  • Visa rules unknown
  • In principle, there are no identity checks at the internal borders in the Schengen area . Against this background, the regulations for structuring and issuing visas for the Schengen area have been standardized and visas issued generally apply to the entire Schengen area. A Europe-wide system that automatically recognizes people in the Schengen area who have exceeded their duration of stay has been proposed by the EU Commission since 2012 , but has so far failed due to the resistance of individual member states that use the Schengen Information System ( SIS ) according to the Schengen Agreement or Implement the Schengen implementation agreement in each case with their own sovereignty .

    Visa categories

    The Visa Code of the European Union carries out the following visa categories:

    • The airport transit visa (type A) according to Art. 3 of the Visa Code only allows you to stay in the transit area of ​​the airport premises without entering the country (within the meaning of Section 13, Paragraph 2 of the Residence Act - which is basically defined as passing through a border control point). The requirement of an airport transit visa is an exception to the rule that no permit is required to stay in the state without going through or bypassing the border inspection posts. The airport transit visa is only referred to as an entry permit and not a residence permit in the legal sense - this is due to the fact that the holder cannot make residence rights dependent on it and other states cannot refuse a possible rejection under the International Civil Aviation Agreement on the grounds that the transit state has the Stay allowed by the visa.
    • The short-stay visa (type C) according to Art. 4 to 32 of the Visa Code allows a temporary stay in the registered area of ​​validity within the validity period. The visa can allow one, two or more entries across the external borders and be valid from a few days to several (max. Five) years. The permitted short stays may not exceed a duration of up to 90 days within any 180-day period. The calculation looks back at the 180-day period ending on that day for each day of stay in the Schengen area; All days spent in the Schengen area are counted (regardless of whether with one or more short stay visas), days of entry and exit are counted as full days. Time spent in the Schengen area while a national residence permit or a national visa is valid are not counted. In deviation from the regulations of some non-Schengen states, the Schengen area must be left on the last day of validity of the visa even if the number of permitted days of stay has not yet been exhausted.
    • The long-term visa (type D) (often also a national visa ) allows you to stay in one of the states specified therein (usually the issuing state; however, there are also cases in which states represent each other at the issue). It is issued by the respective country of destination in accordance with its national residence rules. Such a visa, like a national residence permit, allows short stays in other Schengen countries.
    • Transit visas FTD (for road transit up to 24 hours) and FRTD (for rail transit up to six hours) only entitle the holder to transit between the Russian Federation and its exclave Kaliningrad (formerly: Königsberg ) through the Schengen states of Lithuania and Poland . These transit visas are referred to as documents equivalent to visas in official EU parlance . They are issued in a simplified manner and at low fees. They are usually valid for a longer period of time (FTD: twelve months; FRTD: three months) and are not stuck into a passport, but rather issued on a separate form (form for affixing the visa) .

    The purpose or the reason for the stay is often stated on the visa. For this and for other requirements and restrictions, the "Comments" field or an additional sticker must be used on the Schengen visa.

    Remaining national regulatory powers

    In the law of the European Union, visa law for short-term stays is largely regulated comprehensively with regard to the issuing requirements, the form of the visa labels, the application process, consular activities and the question of which citizens need a visa for short-term stays. See → main article Regulation (EU) 2018/1806 (EU visa regulation) . With the exception of the exceptions provided for in European law, these points can no longer be regulated nationally, but can only be structured in detail on the basis of European law. For longer-term stays (more than 90 days within six months), the regulatory responsibility basically remains with the member states - admittedly within the framework of the harmonization of the EU's right of residence also for longer stays through numerous directives. However, the Schengen states also use the labels prescribed by the European Union for visas issued for such longer stays (category D).

    Some regulatory responsibilities also remain with the Member States with regard to shorter stays. The member states remain responsible for the recognition of passports and passport replacement papers . In addition, the Member States may deviate from the otherwise Schengen-wide uniform regulations on visa requirements and visa exemption for certain groups of people. For example, recognized refugees or stateless persons can be exempted from the visa requirement if nationals of the issuing country are also exempt from the visa requirement for short stays. The regulation provides for further possibilities of derogation by the member states for holders of diplomatic passports, service passports or other official passports or civilian flight or ship personnel. Germany has made use of the exceptions permitted under the ordinance through the provisions of Sections 18 to 30 of the Residence Ordinance .

    Due to a joint declaration made when Greece joined the European Communities at that time, Greece can maintain the status of Mount Athos , which was previously covered by the Greek constitution . Visas to enter the area are issued to a maximum of ten male non- Orthodox pilgrims every day, written in the standard Greek language . They entitle you to entry by sea and a four-day stay.

    Visa and residence permit

    In most cases, in the case of a longer or unlimited stay in the host country, a national residence permit must be applied for before the national visa expires (e.g. in cases of family reunification). This residence permit also have visa-free short-term stays in other Schengen states permitted provided a valid and recognized by the target State Travel Pass is present, adequate travel funds are available and the target state can not make specific safety concerns.

    However, there are also case groups in which the entire stay takes place with the visa alone (for example, in the case of seasonal workers with a national visa that is valid for several months). Often the residence permits are only issued after a very long processing time.

    Visa and residence cards according to Directive 2004/38 / EC

    Third-country family members of Union citizens can be required to have a visa to enter a member state if they have a nationality that requires a visa according to Annex I of the EU Visa Regulation. The required visas are to be issued free of charge. However, the right to visa-free entry has been extended by Directive 2004/38 / EC to family members ( third-country nationals ) of EEA citizens who are actually required to have a visa and who exercise their right to free movement . Family members can travel to any other EEA member state without an additional visa if they have a residence card in accordance with Article 10 of the Directive and on the condition that the trip is either shared with the EEA citizen or is followed by him. In any case, family members who are entitled to free movement do not need a residence permit or a visa for the subsequent stay. The residence card does not establish a right of residence, but only serves as proof of this, so its character cannot be compared with a residence permit or visa, but rather with an identity card.

    However, some member states do not implement this provision of the directive or do not implement it correctly (as of January 2011), so that difficulties can still arise when traveling between Schengen and non-Schengen EU states (refusal to use the means of transport by the transport company, Refusal of entry by border protection authorities).

    Residence cards for family members of EEA citizens that were issued by a Schengen state are equivalent to a national residence permit under Schengen law and therefore entitle them to use the visa-free short-term residence permit under Article 21 of the Convention. Residence cards issued by non-Schengen countries only entitle the holder to visa-free entry if the family member actually exercises his or her right to freedom of movement (accompanying or joining).

    However, the MRAX ruling of the European Court of Justice must be observed , according to which the right to enter a member state is based directly on the secondary right to free movement. If the family member who is actually required to have a visa and who accompanies or joins the Union citizen can prove his or her right of free movement, he may not be refused entry for purely formal reasons, such as a missing passport and / or visa. If necessary, the required visa must be issued at the border.

    Structure of the visa label

    The Schengen visa is multi-colored, with the dominant colors being green and purple. It contains extensive security features , such as special printing techniques ( iris printing and intaglio printing ), a product-related protected kinegram and is structured as follows:

    row content example
    head Lettering "Visa" in the national language and document number.
    Example of a Schengen visa (old form without integrated photo on greenish paper):
    Here type C, valid for all Schengen countries from February 1, 2000 to January 31, 2003, for multiple entries (“ MULT”); for stays of a maximum of 90 days per half-year, issued in the embassy (" Vertretung") on January 27, 2000 for the holder of passport no. 687987. The code line also shows that the holder's name is Ahmed Ahmetovic, male (" M") Bosnian is (" BOS") and was born on December 12, 1965.
    1 States or states for which the visa is issued. Examples:
    • Schengener Staaten” Or “ Stati Schengen” or “ Etats Schengen” etc .: All Schengen countries.
    • " Deutschland": Only for Germany .
    • " D, F, E": Only for Germany, France and Spain .
    • " Schengener Staaten (-F, P)": For all Schengen countries except France and Portugal .
    2 Framework validity "from ... to", the first day of validity and the day of the latest departure are recorded.
    3
    • Visa type " A", " C", " D"
    • Number of entries (" 01", " 02" or " MULT" for several);
    • Maximum total 90length of stay per 180-day period in the period of validity, entries up to “ ” (for short-stay visas) and up to “ 365” or even “ XX” for national visas ( XXfor German visas, line 6: from “ Die Aufenthaltsdauer entspricht der Gültigkeitsdauer des Visums” in line 6 ).
    4th Place of issue.
    5 Date of issue; Number of the travel document.
    6th Notes, e.g. B. Purpose of residence or employment restrictions, secondary obligations or residence restrictions.

    This is followed by two lines of code, each of which contains an obligatory 36 characters in the " OCR-B " font and is structured as follows:

    1st coding line
    Job content Explanations
    1 Document type visa Always "V"
    2 Visa category A(Airport), C(short term) or D(national)
    3-5 Issuing state ICAO code: BEL, CHE, CZE, DNK, D<<, EST, GRC, ESP, FRA, ITA, LVA, LTU, LUX, HUN, MLT, NLD, AUT, POL, PRT, SVN, SVK, FIN, SWE, ISL, NOR
    6-36 Last name and name Last name and first name must <<be separated from one another by two filler characters ( ); individual parts of the name must be separated by a filler character ( <<); remaining positions are to be „<“filled in.
    2nd coding line
    Job content Explanations
    1-9 Visa number identical to the number on the top right of the label
    10 Check digit Calculated according to the ICAO standard
    11-13 Nationality of the holder ICAO code for the country concerned
    14-19 Date of birth Structure JJMMTTif month or day is unknown: " <<"
    20th Check digit Calculated according to the ICAO standard
    21st gender " F" For women, " M" for men, " <<" for "no answer"
    22-27 last day of validity structure JJMMTT
    28 Check digit Calculated according to the ICAO standard
    29 Spatial restriction " T" With spatial restriction, otherwise " <<"
    30th number of arriving " 1", " 2" Or " M"
    31-32 duration of the stay Number in days, for type D visa " <<"
    33-36 Start of validity format MMTT

    Great Britain

    In Great Britain , the Schengen rules do not apply, which is why there is a separate, national list of citizens who always require a visa and those who do not have a visa for short stays. In British law, a distinction is made between leave to enter , leave to remain and entry clearance . In accordance with the continental European legal structure, the visa is also valid as an entry and residence permit. The visa is always an entry requirement for citizens who always require a visa, for other citizens (except for Union citizens, citizens of the European Economic Area and Swiss ) if they want to stay in Great Britain for more than six months. Many UK nationals require an airport transit visa for stopovers and transfers, even if they do not leave the airport transit area. The Schengen visa vignette is used for visas that correspond to Schengen categories A to C; however, the visa is only valid for Great Britain. Permanent residence visas, on the other hand, are issued on a separate UK visa template. Certain groups of people who are exempt from the visa requirement under British law (e.g. members of the government, heads of state or seafarers from certain countries) receive a visa-free entry permit ("D: EXEMPT"), which allows border staff to Visa-free entry certified.

    Diplomatic visas and protocol IDs

    The diplomatic visa , which is also issued in the form of a card as a so-called protocol ID, confirms at the border control that its holder has the status of an accredited diplomat and as such is exempt from the regulations on aliens in the country in which he is accredited. In Germany these documents as are FREMIS -paper (from " Fre mde Mis be called immersion"), the Foreign Ministry issued.

    In contrast to other citizens of the same country, holders of a diplomatic passport or service passport from certain countries (e.g. Turkey for entry into Germany) often do not need a visa because they are not suspected of wanting to immigrate for economic reasons. Conversely, France , for example, requires diplomats from Israel for a visa, while holders of an ordinary Israeli passport can enter the Schengen area without a visa.

    Visa outside the European Union

    Australia

    In Australia , all foreigners require a permit in the form of a visa in order to enter and stay there. Australian law differentiates between permanent visas , which are issued indefinitely, and temporary visas , which are valid for a certain period of time, until a special event occurs or for the duration of a certain status of the holder. The skilled worker visa issued to remedy a shortage of skilled workers can be either permanent or temporary, depending on the type. However, the holders of temporary visas can also get a permanent visa if they meet certain requirements.

    A special feature applies to nationals of New Zealand due to the Trans-Tasmanian Travel Agreement . They do not have to apply for a visa before starting their journey; rather, if all requirements are met, a so-called special category visa will automatically be issued upon entry . This visa is a special feature of Australian law, as it is considered a temporary visa , but allows the holder to stay in Australia permanently and to work there without restrictions. Another special feature applies to the so-called special purpose visa , for example for members of the royal family and other official guests of the Australian government.

    Furthermore, some citizens can apply for a so-called Electronic Travel Authority for short tourist and business stays . This is a personal release entry in the database of the Australian immigration authorities, which can be requested when booking a flight through an airline or a travel agency , but also by the applicant himself via the Internet. The processing time is 30 seconds. The ETA visa is divided into the eVisitor procedure, which applies to citizens of the EU, the EEA and Switzerland and which is free, and the ETA procedure for other privileged countries. In contrast to the eVisitor, the latter process costs $ 20 .

    Since August 2014, citizens of other countries have also been able to apply for a visitor visa online (Visitor e600 Visa) which , if issued , will also be stored in the database of the immigration authorities. Only the nationals of Indonesia and Somalia have to apply for a visa via the responsible Australian mission, which will be noted in their passport.

    Japan

    The Japanese entry note documents the decision about the stay, but is not a visa. The QR code makes it easier to register the departure, which is certified with the blue stamp.

    In Japan , a visa is not considered a direct residence permit, but a requirement for the landing permission , which the immigration officer issues in the form of a sticker in the passport after the immigration control and which is necessary for the legality of the stay. In December 2014, nationals of 67 countries in Japan were exempt from the visa requirement for stays without gainful employment that did not exceed a certain length of time, depending on the country of origin. If you meet the entry requirements, you will receive landing permission without a visa .

    There are seven types of visa in Japan; A distinction is made between 28 different reasons for the stay. To speed up the application process, a certificate of eligibility from a Japanese immigration authority, which confirms that the residence requirements have been met, can be presented when applying for a visa, which means that the foreign diplomatic mission does not need to refer to the immigration authority.

    Japan maintains a program for holiday work stays for younger people, including those from Germany, on the basis of mutual agreements, for which a working holiday visa is issued.

    Russia

    Russian Visa from 2008

    The law of the Russian Federation distinguishes between visas for tourists, for business and official trips, study stays, cultural and student exchanges, permanent visas for business trips, transit visas and visitor visas for private trips to family members.

    Russian Senior Visa from 2003

    The European Union and Russia have concluded an agreement on the formalities of issuing visas for a period of up to 90 days. This agreement regulates which documents are to be submitted by members of official delegations, business people and association representatives, truck, bus and train staff, journalists, scientists and artists, schoolchildren and students, athletes and other people when submitting an application. The agreement also provides for multiple visas to be issued. Tourists, including individual tourists, need a certain form of confirmation from a Russian tour operator for a visa. People who are invited privately, by an organization or by a company in Russia must submit an original invitation issued or confirmed by Russian authorities on a special form when applying for the visa.

    After entering the country and after each change of location, the actual host must register with the immigration office or a post office within seven working days (as of April 1, 2011) using the migration card issued at the border control, so that the travelers are correctly recorded and possible illegal immigration should be prevented. The confirmation of this registration must be carried with you at all times. If you are staying at a hotel, you can register at the hotel.

    Switzerland

    Swiss visa from 1931

    The new Swiss law , which has been in force since January 1, 2008, has been designed in such a way that its wording has been adapted to Schengen law since the Schengen rules came into force in Switzerland, i.e. since December 12, 2008, without any further legislative procedure. With regard to the visa procedure, there have been no special requirements since then, so that the same rules apply to Switzerland as to the rest of the Schengen area with regard to short stays.

    If a foreigner intends to stay in Switzerland for more than a short stay - i.e. in the entire Schengen area for a period of more than 90 days within a reference period of six months - or if he intends to pursue gainful employment in Switzerland, Permission to stay must be obtained prior to entry. If the permit is only applied for after entry during a permit-free stay, the decision on the permit may have to be awaited abroad, unless the application is clearly justified and the competent cantonal authority therefore allows an exception.

    Foreigners from EU countries who work in Switzerland receive a cross-border commuter pass in accordance with the EU-Switzerland settlement agreement . Foreign nationals with a residence permit from a Schengen state can stay in Switzerland for up to three months without a visa according to Art. 21 of the Schengen Implementing Convention, but are not allowed to work without a Swiss permit.

    United States

    Entry visas, UK (1993) and USA (1994)

    In the USA, a legal distinction is made between issuing a visa and an entry permit (admission) . A visa does not entitle you to entry and residence, but is merely a prerequisite for an entry permit, which can be issued by an immigration officer. Any foreigner who enters the US territory is considered an applicant for an entry permit, unless they already have permanent residence there that has not expired. Thus, it is not the visa but the entry control stamp on site that documents the decision on the legality of entry and residence.

    Visas are issued in a large number of different categories, which differ according to the degree of relationship with US citizens, life situation or reason for entry. A distinction is made between immigrant visa and nonimmigrant visa . The peculiarities of the US visa regulations include separate visa categories for United Nations employees (categories C-2, G-1 to G-5), for informants of the US government (categories S-5 and S-6) and for victims of Crimes and human rights violations (e.g. categories T, U and TPS). In many cases, the issuing of visas or permission to enter the country require the involvement of other authorities that are responsible for managing the labor market or for cultural matters.

    Participation in a personal interview is necessary for the issuance of a short-term 'B-Visa' for tourism or business purposes. Appointments for this can be made for the consulates in Berlin, Munich or Frankfurt am Main.

    Visa Waiver Program

    Citizens of currently 38 countries can use the Visa Waiver Program , which does not require a visa to be applied for. Since January 12, 2009, an arrival permit can be obtained for typical entry by air or sea before starting the journey. It should be noted, however, that passengers on freighter trips can only make use of the visa waiver program in rare cases. A 'B visa' is almost always required. The travel request must be at least 72 hours prior to travel at the Electronic System for Travel Authorization (ESTA; German  Electronic System for Getting approval ) that authority in an online dialogue provided and by the US authorities ( Department of Homeland Security approved) are . Unless revoked, travel permits are valid for two years from the date the permit is issued, or until the passport expires, whichever occurs first. As of September 8, 2010, an ESTA fee of US $ 14 has been applied  and is payable by credit card or PayPal . An arrival permit is not required for entry by land.

    A positive travel authorization is no guarantee of authorization to enter the USA. This entitles you to travel, but the decision to enter the country remains with the border guards upon arrival. Regardless of whether entry is on a visa or via the visa waiver program, since October 4, 2005, all travelers - with the exception of US citizens and passengers with permanent residence permits for the USA - must have the APIS data ( Advance Passenger Information System ) by the airline to the US authorities. In addition to the data in the passport, the following are required: Country of main residence and address of the first overnight stay or rental car station in the USA (only the note "TRANSIT" is entered for transit travelers). The airlines currently still have various options for submitting the APIS report. Passenger reports are required 72 hours before departure, and must be made no later than 30 minutes before the doors close.

    In January 2016 the regulations of the visa waiver program were tightened. According to this, persons who in addition to the citizenship of a VWP country also have Iranian, Iraqi, Syrian or Sudanese nationality, as well as persons who entered one of these countries or Yemen , Somalia or Libya after March 1, 2011 , no longer enter the United States using the Visa Waiver Program. Rather, these people must now apply for a visa from the responsible US agency. Travel permits that had already been issued were withdrawn. This does not apply to journalists or people who have traveled on behalf of international or humanitarian aid organizations.

    The Arrival-Departure Record, CBP Form I-94 / I-94W is only required when entering by land on paper since March 31, 2011 and will otherwise usually performed digitally.

    Anyone who uses the visa-free entry program waives legal remedies in the event of a rejection.

    In 2013, 700 Germans were banned from entering the border crossing (out of a total of 2.7 million entries). Even travelers who apply for permission to enter the country with a visa can be refused entry if they cannot explain the entry requirements for their visa category. US law contains a presumption that every person entering the US wants to immigrate to the US. From a legal point of view, it is up to the person entering the country to convince the border control officers of the opposite or to prove that the immigration requirements have been met. In practice, it is usually sufficient to present a nonimmigrant visa or the completed form for the Visa Waiver Program and, if necessary, a conclusive explanation of the purpose of the trip, the ties to the country of origin (e.g. workplace) and the available funds (cash, credit card, travelers checks) out. In this context, travelers are often asked about their place of work.

    Since the end of 2016, the US border guards have also been asking for their social network accounts. Test runs for automated control of the social media accounts were also undertaken.

    The permanent resident card , also commonly referred to as a green card , does not fall into the category of non-immigrant visas, but represents a basically unlimited residence permit that must be carried at all times as an identity card in the USA and at the same time fulfills the function of a visa upon entry. If you are absent for more than twelve months, an additional re-entry permit is required.

    People's Republic of China

    A “China visa” is proof of permission to enter the People's Republic of China or to transit through the People's Republic of China. A distinction is made between eight different categories. If you want to apply for a tourist visa for China, you have several options. First of all, you need the following documents:

    • Original passport (this must be valid for at least six months after the end of the trip)
    • Visa application form
    • Passport photo (this is attached to the application form)
    • Travel confirmation / invoice with flight plan and hotel list (if necessary from the tour operator)
    • Ordering for the visa service (if one uses a service for applying for the China visa)

    The tourist visa for the PRC is valid for 30 days. You can apply for it around 50 days before you travel to China.

    There are two ways to apply for a PRC visa. On the one hand you can apply for the visa yourself, on the other hand you can commission a visa service to do so. Since the end of October 2012, the China visa has been processed by CVASC. The CVASC is upstream of the Chinese embassy, ​​as it no longer accepts visa applications in person. The fully completed visa applications can then be submitted to the respective branch offices of the CVASC in Berlin, Frankfurt / Main, Hamburg and Munich. The applications can also be downloaded from the CVAS website. However, the CVASC charges additional fees for visa applications sent by post. It is now also possible to purchase the visa to China together with the flight ticket. Flight and visa to China together are often cheaper than buying them individually.

    If you want to leave and re-enter the PRC during a trip, e.g. B. for a stopover in a neighboring country, you need a China visa with two entries. The same applies to a stopover in Hong Kong . Despite being handed over to China in 1997, Hong Kong still has the status of "International" and is therefore equivalent to leaving the PRC when entering Hong Kong.

    India

    Indian visa and entry / exit stamp in German passport, 2015/2016

    Entry into India requires a visa for holders of a German passport. India offers

    • Business visas
    • Work visas
    • Student visas
    • Transit visas and
    • Entry visas for special occasions.

    The visa is applied for via the Internet, the PDF file generated in this process must be printed out, signed and with

    • two passport photos in the format 5 cm × 5 cm,

    and - in the case of a business visa - one

    • "Invitation Letter" and one
    • Excerpt from the commercial register of the company visited in India and a
    • Confirmation of assumption of costs from the company sending from Germany ("Cost Absorption") together with the
    • passport

    handed over to the visa service provider, who will arrange for the visa to be issued by the embassy or consulate.

    The questionnaire for the visa application varies over time. In addition to the passport details, the constants include information about the parents and the question of whether you had Pakistani grandparents.

    In addition, if you apply for a visa more than once, you will be asked for the last visa issued, so it is advisable to document the Indian visas issued so far, for example in the event of a passport that is expiring.

    When entering India, make sure that your passport is stamped accordingly; leaving the country without a corresponding entry stamp is extremely complicated.

    Electronic visas are also available, which are stamped in the passport upon entry. E-Visa can be applied for up to four days before entry for tourism, business or medical purposes.

    When entering India, in addition to a valid visa, an entry declaration is required, which is issued on the plane or at the airport and on which information about personal data and the accommodation in India is to be given.

    Collision cases

    Northern Cyprus visa on insert, 2005
    1993
    Jordanian visa with a note stating that it will expire once the passport contains an Israeli visa; in the meantime Israel and Jordan have made peace, so such notices are omitted.

    Visas and control stamps from some countries in a passport can mean that other countries do not allow the passport holder to enter the country or that they question them intensively before entering the country. In Israel, for example, travelers with visas from those Arab countries with which Israel has no diplomatic relations must expect more intensive questioning before deciding to enter the country. Conversely, some Arab states, such as Lebanon and Syria , categorically do not allow holders of passports that contain notes by the Israeli authorities or that indicate a stay in Israel, while in other Arab countries at least an intensive check of the entry request can be expected. Before the EU -membership Cyprus ' authorities denied the Republic of Cyprus to visit the Turkish-occupied northern Cyprus , z. B. after day visits, re-entry if the passport contained stamps of the North Cypriot authorities. Therefore, the authorities in the northern part issued a stamped daily visa in the form of an insert sheet at the border control point, so that the passport did not have to be stamped.

    A missing current entry stamp from Serbia can lead to problems with entry or onward travel to Serbia when entering from Kosovo . Since Serbia continues to regard Kosovo as part of its national territory, entry into Kosovo from third countries is viewed by the Serbian authorities as illegal entry into Serbia. As this is known to the Kosovar authorities, they can waive stamping on request. The problem can be circumvented by using the identity card instead of the passport when entering the country.

    A visa or entry stamp from the internationally unrecognized Republic of Nagorno-Karabakh , which belongs to Azerbaijan under international law, will result in the refusal of entry to Azerbaijan and possibly criminal consequences in Azerbaijan.

    In similar cases, it may be possible to have two passports, which is permitted in Germany or Austria; At the border, the passport is presented that does not contain any entries that are detrimental to entry.

    History of the visas

    17th century to the first half of the 19th century

    The medieval letters of safe conduct are considered to be the forerunners of today's passports. They placed privileged travelers ( diplomats , merchants, pilgrims) under the protection of the state, while poor travelers in some regions of Germany (e.g. in the Palatinate) were picked up by the sovereigns and settled in empty villages. The governments of the absolutist states of Europe were interested in preventing their citizens from traveling uselessly. For this reason, a passport had to be applied for for each trip, which precisely specified the period and route. Population growth, impoverishment and increasing mobility as a result of the liberation of the peasants led to a considerable tightening of passport and visa regulations. With the introduction of the general requirement for passports in the period between the late 18th and the first half of the 19th century, it became customary to have the documents marked ("vised") by means of entries at the state border or beforehand. Since 1813, all foreigners in Prussia required a residence permit in the form of a visa if they wanted to stay in a community for more than 24 hours. Innkeepers were only allowed to accommodate foreigners if such a visa was granted, and were considered auxiliary bodies ("NCOs") of the "Aliens Police".

    1850 to 1914

    With the Dresden Convention of October 21, 1850 and the associated introduction of the passport card , the visa requirement for domestic German travel was finally abolished. Nine years later, in 1859, Austria-Hungary joined this convention and enabled visa-free travel within the Austro-Hungarian monarchy . From 1865, Bavaria , Saxony and Württemberg also allowed foreigners to enter Germany without a passport or visa. The North German Confederation and Austria-Hungary followed until 1867. The Passport Act of October 12, 1867 completely repealed the passport and visa requirement in the entire North German Confederation, but could be temporarily reintroduced by ordinance in the event of extraordinary events . As a result, visa law was systematically anchored in passport law and not in foreigner (“alien”) law, which was still the subject of local or sovereign legislation. This assignment remained in Germany until 1965.

    1914 to 1938

    Before the First World War , citizens did not need a passport or visa to travel within Europe . In Germany, the passport law of the North German Confederation continued to apply into the Weimar period . During the First World War, a general passport and visa requirement was introduced in all warring countries in order to prevent potential spies from entering the country and to ensure conscription. In the German Empire, Kaiser Wilhelm II ordered the introduction of a passport at the same time as the state of war was declared. With effect from August 1, 1916, a visa requirement was introduced for entry and exit of residents and foreigners in Germany. At the same time, the Reich Chancellor was authorized to issue further implementing regulations; For Germany, for the first time, the corresponding order contained detailed regulations on the requirements for issuing visas and on the responsibility and form of visas. Each person required their own passport or children's ID card , and the visa had to be obtained again before crossing the border.

    This passport and visa requirement remained in Germany after the end of the war. Other European states also maintained the restrictions initially introduced as an exceptional right due to the war. Since July 1924, German nationals under the age of 15 have been able to enter Germany without a visa; Foreigners domiciled in Germany or nationals in general could replace the exit visa with a clearance note from the tax office . As early as January 1, 1925, however, the visa requirement for citizens of the Reich and foreigners with a German residence permit or with a re-entry visa was completely abolished. Visas could also be generally refused with a view to the “personality of the traveler”; the refusal to issue was “usually without giving reasons”. For the first time, it was possible to issue an exception visa at the border. Foreign farm workers were allowed to enter the country without a passport or visa if they had received a confirmation of admission from the “Deutsche Arbeiterzentrale”. In 1932, all exit visas for all groups of people who wanted to leave Germany were completely abolished.

    It was not until 1925 that German citizens could travel to Austria again without a visa . In 1926, the requirement for a visa for travel by German citizens to the neighboring countries of Denmark , Luxembourg , the Netherlands , Sweden and Switzerland was abolished. Even Finland , Japan and Portugal agreed with the German Reich, the abolition of visas in mutual travel. Since 1927, Austrians have also been able to enter these states without a visa. In 1928 Great Britain , Italy , Latvia , Norway , Spain and Czechoslovakia also abolished the visa requirement for German tourists. A short time later, Estonia , Yugoslavia and Hungary also allowed entry without a visa. For trips to Belgium , France , Lithuania and Poland , however, the mandatory visa was retained.

    1939 to 1945

    Announcement on the introduction of the exit visa for holders of Soviet Russian passports from December 29, 1937

    In 1937, a law was passed in National Socialist Germany that authorized the Reich Minister of the Interior to repeal all of the previous passport, visa and foreigner law and to regulate it anew by ordinance.

    After the occupation of Austria by German troops in March 1938, several thousand Austrian Jews and opponents of the Nazi regime left the country and sought refuge in other European countries. To make it more difficult for them to immigrate , Great Britain reintroduced visa requirements for German citizens in May 1938. The fact that a passport holder was a Jew within the meaning of the Reich Citizenship Act became apparent from the fact that German passports of Jews were declared invalid in October 1938 and only became valid again after they were marked with a red "J"; To affix this endorsement, a criminal submission obligation was introduced.

    With the outbreak of the Second World War , a general visa requirement for foreigners was introduced in all affected countries. In the German Reich, Germans who had not already been abroad at the beginning of the war also required a visa to enter and leave the country.

    1945 to 1989 (western world)

    This visa requirement was only abolished on August 15, 1950 for travel between Austria and Switzerland . In Germany, the Allied High Commission took over passport sovereignty and responsibility for visa law. Until August 31, 1952, the Combined Travel Board handled the administration of travel. In March 1952, adopted in Germany in anticipation of the retransmission of travel controls on the federal law on the passport system, which although did not provide more visas, but the Ministry of the Interior for the introduction of visa requirements for entry or departures of foreigners by ordinance authorized. Apart from a few special cases, this visa requirement was introduced for all foreigners over the age of 15, but it was lifted with effect from July 1, 1953 for Western European tourists and with effect from March 1, 1955 also for tourists from all states with which the Federal Republic of Germany diplomatic Had relationships and who did not need a return visa from their country of origin to return. In return, neighboring Western European countries allowed their citizens to enter the Federal Republic of Germany without a visa through bilateral visa agreements.

    In 1965, visa law in the Federal Republic of Germany was transferred from passport law to immigration law. The visa was now legally valid as a residence permit, which is obtained "in the form of a visa". All stateless persons and nationals of states that were not included in a list of 84 states had to obtain this before entering the country.

    In Austria at the time, an entry visa was mostly not required. After the crackdown on the Prague Spring , the visa requirement for travelers from the ČSSR was introduced on August 25, 1968. With the increase in the number of refugees, the then Foreign Minister Kurt Waldheim prohibited the issuing of visas to Czech refugees. Since the then Austrian ambassador in Prague , Rudolf Kirchschläger , did not carry out the instructions, 50,000 Czechs fled to Austria.

    In the United Kingdom , the increasing numbers of immigrants from former colonies in the 1960s resulted in restrictions on the right of immigration for the British as well; Since then, as now, no distinction was made between nationals of the United Kingdom and members of other possessions and states subordinate to the Crown, they previously enjoyed a fundamental right to immigrate to the British home country. After the Commonwealth Immigrations Act 1962 introduced immigration restrictions but no visa requirements for British citizens who were not from the British Isles, the Immigration Appeals Act 1969 also laid the foundation for a visa requirement (entry clearance requirement) .

    In the Federal Republic of Germany, after the hostage-taking of Munich in 1972, visa requirements were introduced for citizens of Libya , Morocco and Tunisia . This was followed by further tightening: from 1980, the expansion of the visa requirement was a response to the increased illegal immigration from more distant countries. Due to the high number of Turkish immigrants (“guest workers”) in Germany, the introduction of the visa requirement for citizens of Turkey on October 1, 1980 was of particular importance. An airport transit visa was first introduced in 1981 against the background of the Soviet invasion of Afghanistan . Since 1982 foreigners over 15 years of age (except from EEC countries) who want to stay in Germany for more than three months have been required to have a visa. In 1986 the airport transit visa requirement was extended to nine countries, in 1989 also to Turkey.

    The United States eased to 1986 - except existing for Canadians - visa requirements for entry in stages. After a Visa Waiver Pilot Program , the Visa Waiver Program was permanently enshrined in US law in 1990.

    After several terrorist attacks, France introduced a visa requirement for all foreigners in 1986 with the exception of citizens of the then EC and Switzerland.

    1945 to 1990 (Eastern Bloc)

    GDR visa, 1974
    Residence permit and entry and exit visa of the GDR from 1987

    In the 1960s, the visa requirement for travel between some Eastern Bloc countries was lifted. Since January 1, 1964, it has been possible to cross the border between Czechoslovakia and Hungary without a passport or visa, and a year later Poland and the Soviet Union also agreed to abolish the visa requirement for travel between the two countries.

    In the GDR , the visa was a component of the strict border regime. According to the passport law of the GDR of 1954, a visa was required for every border crossing, i.e. every entry or exit by one's own citizens or foreigners; From 1956 onwards, exceptions were permitted that could be made through administrative agreements or implementing provisions, e.g. B. for trips to other Eastern Bloc countries. The law did not contain any regulations on the requirements for issuance or on the content and limits of the implementing provisions to be issued by the interior and foreign ministries. To regulate traffic between the two parts of Berlin after the Wall was built, various pass agreements were concluded from 1963 onwards ; Despite its different name, the pass was ultimately a visa on a separate sheet that residents of West Berlin needed to enter the eastern part of the city. The Citizenship Act of 1967 introduced a citizenship of the GDR instead of the uniform German citizenship, which was only granted to people who lived in it at the time the GDR was founded or to their descendants. As a result, Germans from what was then the Federal Republic of Germany became foreigners from the perspective of the GDR. In 1968, a visa requirement was introduced for transit travel between the Federal Republic of Germany and West Berlin . In the course of Ostpolitik were in favor of the inhabitants of the former West Germany and Berlin (West) as well as members of other Western states are enforced Facilities: The Four Powers Agreement on Berlin , the four victorious powers in 1971 laid the foundation for that between the German states in 1972 Transit Agreement , which provided for transit traffic between the Federal Republic of Germany and West Berlin to issue transit visas to travelers at the border crossing point and there on the vehicle itself and in the case of trains or buses in the means of transport.

    "Authorization certificate to receive a visa" of the GDR

    For visits by residents of West Berlin, the possibility of traveling to East Berlin and the GDR was granted in 1971 on the basis of authorization certificates available on request , tourist travel bookings or officially confirmed telegrams with a total duration of 30 days per year; however, the issuing of visas at the border on the basis of the presentation of these authorization certificates and the charging of an issuing fee were not waived. For East Berlin, German citizens (not West Berliners!) Received a day visa in the form of an insert sheet for a fee, even without registration, which was withheld on departure.

    GDR visa valid for ten days for a single exit to the Federal Republic of Germany from 1988

    In 1972 it was ordered for German citizens to enter the GDR that an entry visa was also only available at the border against an authorization certificate that had been applied for by inviting relatives or businesses or the state tourism company in the GDR and then sent to the future traveler by post had to be sent. Control stamps and visas were combined with considerable bureaucratic effort: Citizens from non-socialist countries - including German citizens whom the GDR viewed as foreigners - could only obtain a visa at the border if they presented this authorization certificate. It was - like a control card - provided with an entry control stamp. At the destination, a residence permit also had to be applied for when registering with the People's Police ; In the case of deregistration, which is also mandatory, an exit visa was issued, which was then provided with a control stamp on departure. An entry in the house book was also necessary.

    With some countries ( Bulgaria , ČSSR , Poland ), the GDR had concluded agreements on passport and visa-free travel in the early 1970s. However, these agreements did not always lead to the exemption of such trips, as the GDR required the GDR authorities to apply for a so-called “ travel facility for visa-free travel ” for its citizens to travel to some contracting states . This system, together with the GDR identity card, authorized people to cross the border into these countries. This paper listed restrictions on the length of stay in the destination country and the countries passed through on the trip. Third countries belonging to the Eastern Bloc supported the GDR in enforcing such restrictions during their border control. Only trips to Czechoslovakia and, until 1980, to Poland were possible without prior approval.

    With the new passport law enacted in 1979, the requirement for an entry visa was abolished for citizens of the GDR, but the GDR still required an exit visa from its own citizens, especially for trips to western countries, which usually includes one short maximum length of stay was set. Lingering abroad beyond the approved period was punishable under the law of the GDR.

    Visa to leave the GDR after the fall of the Berlin Wall

    An exit visa could be issued for certain travel purposes according to (repeatedly changed) legal regulations, e.g. B. to artists for a performance, scientists for a congress participation, sales representatives and engineers for individual businesses or to retirees. Other people could be granted exit visas for visiting relatives on special occasions such as round birthdays or funerals, later also for church weddings and from 1982 even for child baptisms. However, there was no legal claim. In most cases, all members of a family were not allowed to leave the country at the same time in order to prevent them from fleeing the GDR . The issuing of exit visas was regulated in a very detailed and apparently comparatively generous new regulation in 1988, even creating a right to a written justification for a rejection and the possibility of a judicial review. In practice, however, a wide variety of reasons for a refusal were found and cited, so that very large parts of the population were unlikely to receive an exit visa, which also led to protests within the GDR. As of September 12, 1989, as a result of the opening of the Hungarian border to Austria for GDR citizens, applications to leave for Hungary were cross- checked by the Ministry for State Security . On October 4, 1989, the visa requirement was introduced for travel to the ČSSR, but it was lifted again on November 1. Despite considerable pressure from the population, the draft of a GDR travel law published on November 6, 1989, which was immediately massively criticized, still provided for the requirement of exit visas for trips to western countries.

    Press conference on travel regulations on November 9, 1989 with Günter Schabowski

    On the afternoon of November 9, 1989, the GDR government drafted travel regulations that also required an exit visa for "spontaneous trips", which - according to the government's understanding - "unbureaucratic" - are issued upon presentation of two applications and a counting card is valid for six months and should entitle you to stay outside the GDR for a total of 30 days. The barely understandable explanation of the regulation in a press conference by Politburo member Günter Schabowski initially led to confusion and attempts to clarify in the media that a visa was still required to leave the country on the same evening. Contrary to the expectations of the GDR government, there was not a run on the visa points, but on the inner-German border itself and thus its opening. A few days later border controls were gradually resumed; The exit visas were stamped into the identity card of GDR citizens without any formalities. On December 24, 1989, the GDR lifted the visa requirement for German citizens and residents of West Berlin. Since February 1, 1990, according to a new travel law, holders of a GDR passport no longer required an exit visa; on the other hand, ID cards still only entitle to leave the country with an exit visa. With the abolition of internal German border controls on July 1, 1990, a regulation was made between the Federal Republic of Germany and the GDR on the mutual recognition of residence permits and visas, which corresponded to that of the Schengen Implementation Convention, which only came into force later; The GDR 's entry into Schengen was expressly envisaged.

    1990 until today

    Visa for Germany, issued in St. Petersburg in 1993 . German visas have not been issued according to this model since the mid-1990s, but in the form of the Schengen visa .
    Visa for Italy , issued in March 1990 in East Berlin

    After the fall of the Berlin Wall and the fall of the communist systems, travel between the two German states and to Central and, in some cases, Eastern Europe was opened with the abolition of the visa requirement.

    With the revision of the law on foreigners in Germany in 1990, the rule-exception relationship in visa law was reversed: Previously, entry by foreigners was only required to have a visa if this was provided for in an ordinance. According to the new regulation, every foreigner was required to have a visa, unless the visa exemption was ordered by statutory order. The implementing provisions were designed in such a way that the visa requirement for individual nationals remained largely unchanged. A real new regulation in the amended aliens law was the fundamental extension of the visa requirement to persons under 16 years of age. Children and young people from Turkey , Tunisia , Yugoslavia and Morocco were excluded from this for visiting trips of up to three months, provided that one of their parents had a residence permit for Germany. After a few more tightenings, the previously existing visa and residence permit exemption for these children and young people was abolished at short notice on January 15, 1997.

    The law of visas within the Schengen area was uniformly regulated through the Schengen Implementation Agreement and the implementing provisions issued for it. On March 26, 1995, border controls ceased to exist between the then contracting states. The Treaty of Amsterdam transferred Schengen law - which until then had to be treated as international treaty law applicable between the Schengen states - into Community law. With Regulation (EC) No. 539/2001 (EU visa regulation) , effective April 10, 2001, uniform rules were set for the Schengen area as to which nationals can enter the Schengen area for short stays (so-called positive states ) and which nationals can enter the Schengen area Always need a visa to cross the Schengen external borders (so-called negative states ). The regulation also contains opening clauses for individual regulations of the Member States and special rules for certain groups, such as refugees or diplomats .

    On December 21, 2007, the entire Schengen law came into force in the states that joined the European Union on May 1, 2004 - with the exception of Cyprus . Personal border controls at the air borders were only stopped on March 30, 2008. Since then, the uniform regulation of visa law and, in principle, the scope of the uniform visa has extended to all member states of the EU with the exception of Bulgaria , Great Britain , Ireland , Romania and Cyprus . The regulation also applies to the non-EU members Norway and Iceland and since December 12, 2008 for Switzerland and since December 19, 2011 also for Liechtenstein .

    Avoiding visa regulations, tricks

    Entry and exit on the same day

    Visa run

    Visa-Run is the name for the temporary leaving of a country with the sole aim of re-entering the country immediately so that the period of validity for a tourist visa begins again.

    In the Schengen area, this approach does not lead to success because Schengen visas - even long-term visas for visitors issued for one year or several years - are only valid for stays of a maximum of 90 days within any 180-day period. If, for example, a foreigner who requires a visa leaves after a stay of 30 days and re-enters one day later, the first day of the new period of stay counts as the 31st day of the stay, but not as the first. This also applies if you enter the country on a different visa. If you want to stay in the Schengen area for a longer period of time, you always need a residence permit from the relevant Schengen state or a so-called national visa (type D, see above on the visa categories) that allows this stay.

    In some countries special travel packages, e.g. B. Day trips by bus are offered in order to be able to carry out a "Visa Run". In Thailand , for example, it is common to go to Cambodia , Malaysia or Laos . This practice has been made more difficult in Thailand since 2006 because - analogous to the Schengen regulation - after an initial entry as a tourist, a stay of 90 days within a reference period of 180 days is generally possible if entry with a so-called Visa on Arrival takes place.

    Deceptions and forgeries

    Deceptions and falsifications have in common that the authorities involved in the control of entry are induced to allow entry through false pretenses, although this decision would be wrong according to the respective applicable legal regulations.

    As became clear in connection with the German so-called “ visa affair ”, deceptions are possible through systematic false information about the purpose of the trip and the travel financing, for example through falsified receipts that are presented in the visa procedure or through real papers that have been obtained through bribery are. The risk of these deceptions being successful can therefore be reduced by checking the content of the documents presented by visa offices and by the border authorities upon entry.

    The risk of discovering entry with forged visas depends on the quality, verifiability and actual verification of security features of the visa. It increases the more often the control personnel at the borders process real documents of the same pattern, and thus the probability that they will immediately notice even very minor deviations from the norm. The risk of discovery increases even further if the online access to data can be used to check whether the visa has been issued. If, on the other hand, control personnel at the borders do not carry out comprehensive authenticity checks, e.g. limit themselves to visual checks, or are technically unable to carry out detailed checks, the risk of detection decreases accordingly.

    Visa affair

    In 2005, the Volmer decree of March 2000 triggered the so-called “ visa affair ” surrounding the then German Foreign Minister Joschka Fischer .

    Visa warning file

    On June 1, 2013, Germany set up a central visa warning file with the Visa Warning File Act (VWDG). All people who have already been noticed because of visa-related crimes are recorded here. In order to identify possible terrorists at an early stage, the names of the applicants and the invitees should be compared with the anti-terror file if there is a concrete suspicion. At the same time, the legal basis for comparing visa application data for security purposes came into force with Section 72a of the Residence Act.

    See also

    literature

    The general literature on immigration law also contains information on the visa law applicable in Germany and in the Schengen states. For this, reference is made to the literature references on the law on foreigners and the law on residence .

    Only a few printed publications have appeared in German-speaking countries, especially on the subject of visas:

    • Achim Hildebrandt, Klaus-Peter Nanz: Visa practice - requirements, responsibilities and procedures for issuing visas in the states of the Schengen Agreement. Starnberg 1999, ISBN 3-7962-0459-7 .
    • Helgo Eberwein, Eva Pfleger: Aliens law for studies and practice. LexisNexis, Vienna 2011, ISBN 978-3-7007-5010-9 .
    • Oliver Maor: The visa requirements of the residence ordinance. ZAR 2005, p. 185. ISSN  0721-5746 .
    • German Bundestag: Introduction to the law of issuing visas. In: Decision recommendation and report of the 2nd committee of inquiry according to Article 44 of the Basic Law. BT-Drs. 15/5975 (PDF; 3.2 MB)
    • Bernd Parusel , Jan Schneider: Visa Policy as a Migration Channel. The impact of visa issuance on immigration management. Working Paper 40 of the Federal Office's research group (PDF; 1 MB). Nuremberg 2011, ISSN  1865-4967 .

    Web links

    Commons : Visa  Collection of Pictures
    Wiktionary: Visa  - explanations of meanings, word origins, synonyms, translations

    Individual evidence

    1. Last mention of the endorsement in the version of § 2, Paragraph 5 of the Residence Act that was valid until the law of November 22, 2011 (Federal Law Gazette I p. 2258) came into force : “A Schengen visa is the uniform endorsement in accordance with the Schengen Acquis in Community law (OJ EC 2000 No. L 239 p. 1) and the subsequent legal acts. "
    2. Federal Law Gazette I No. 38/2011 .
    3. ^ Karl Ernst Georges : Comprehensive Latin-German concise dictionary . 8th, improved and increased edition. Hahnsche Buchhandlung, Hannover 1918 ( zeno.org [accessed on October 21, 2019]; in the dictionary, as usual in Latin, the first person singular indicative present active Latin video is given.).
    4. It should be noted, however, that the word visa did not appear until the 20th century, whereas the feminine singular form Visa in the sense of "official audit certificate to confirm / certify the correctness of a document" was borrowed from French into German as early as the middle of the 18th century .
    5. See the information from the US State Department: Cuba - Country Reports on Human Rights Practices - 2006 , published by the Bureau of Democracy, Human Rights, and Labor on March 6, 2007
    6. For example, to travel to the Gorno Badachschan area (also called Bergbadachschan) , an eastern part of Tajikistan , such a visa is required: Auswaertiges-amt.de
    7. Art. 2 No. 5 and Art. 3 of Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 on a Community Visa Code (Visa Code), OJ. L 243 v. September 15, 2009, p. 1.
    8. ^ So according to German law; see. Section 4, Paragraph 1, Sentence 2, No. 1 of the Residence Act , where the visa is referred to as a residence permit. On national visas, see also Section 6, Paragraph 4, Clause 3 of the Residence Act, according to which the duration of legal residence with a national visa is equated with the periods of possession of another residence permit
    9. For the Schengen countries, Art. 5 and 6 of Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 on a Community Visa Code (Visa Code), ABl. L 243 v. September 15, 2009, p. 1.
    10. For example in the Schengen states, cf. more details: Council Regulation (EC) No. 415/2003 of February 27, 2003 on the issuing of visas at the border, including the issuing of such visas to seafarers in transit (OJ EU No. L 64, p. 1)
    11. See, for example, the Foreign Office (Germany): Egypt - Travel and Security Advice , Section “Entry Requirements for German Citizens”, accessed on December 21, 2015
    12. For the Schengen area cf. Art. 29 para. 1 i. V. with Annex VIII of Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 on a Community Visa Code (Visa Code), OJ. L 243 v. September 15, 2009, p. 1.
    13. For the Schengen area cf. Article 29 (2) of Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 on a Community Visa Code (Visa Code), OJ. L 243 v. September 15, 2009, p. 1. i. V. with Regulation (EC) No. 333/2002 of the Council of February 18, 2002, ABl. OJ L 53 of 23 February 2002, p. 4, on the uniform layout of the form for affixing a visa, which the Member States issue to holders of a travel document not recognized by the Member State concerned.
    14. Cf. on the involvement of other authorities in the visa procedure in Germany in general § 30 ff. AufenthV and specifically on intelligence services § 73 AufenthG
    15. In Germany z. B. according to § 64 AufenthG
    16. Federal Ministry of the Interior (ed.): General administrative regulation for the Residence Act . October 26, 2009, p. 44 , no. 5.2.1 ( administrative regulations-im-internet.de [PDF]).
    17. On Schengen law, cf. very detailed Section V of the Common Consular Instructions and that
    18. For the Schengen states cf. Section V No. 1.4 of the Common Consular Instructions .
    19. An introduction to the individual requirements for issuance in relation to the Schengen area can be found on p. 53 ff. Of the report of the Visa Committee of Inquiry ; BT-Drs. 15/5975 (PDF; 3.2 MB)
    20. Federal Administrative Court. Judgment of November 15, 2011 - BVerwG 1 C 15.10
    21. Higher Administrative Court Berlin-Brandenburg , decision of September 17, 2007 - OVG 2 N 38.07
    22. On the requirements for citizens of German-speaking countries, see the detailed information on visa requirements at the Foreign Office (Germany): Country and travel information , at the Federal Ministry for European and International Affairs (Austria): Country-specific travel information ( memento of October 20, 2007 on the Internet Archives ), at the Federal Department of Foreign Affairs (Switzerland): Travel Advice - Destinations and at the Federal Public Service - Foreign Affairs, Foreign Trade and Development Cooperation (Belgium): Travel documents
    23. See for example the US regulations for issuing visas in Germany at the US diplomatic missions in Germany: Visa application - How do I apply for a visa? ( Memento from March 25, 2013 in the Internet Archive ) (general information) and visa application - photo requirements for US visas (photos not common in Germany)
    24. See, for example, on China the surcharge for preferential processing mentioned on the information page of the embassy , accessed on December 3, 2007
    25. One example is Israel (no visa requirement for Germans), cf. the website of the consular section of the embassy , accessed on December 3, 2007
    26. See this explanation on US law on an official website of the USA and on Japanese law Article 9 of the ( page no longer available , search in web archives: Japanese Residence and Asylum Act ) (English)@1@ 2Template: Dead Link / www.japaneselawtranslation.go.jp
    27. See Section 4, Paragraph 1, No. 1 of the Residence Act
    28. Article 6 of the Schengen Borders Code
    29. cf. in Germany § 52 Paragraph 1 No. 3 and Paragraph 7 i. V. m. Section 71 (3) of the Residence Act
    30. Section 4, Subsection 1, No. 1 of the Residence Act
    31. ETIAS approval
    32. Article 10, Paragraph 1, Clause 1 of the Schengen Implementation Convention
    33. See the very detailed rules on stamping travel documents and the legal meaning in Articles 11 and 12 of the Schengen Borders Code .
    34. A good example is Article 9 of the ( Page no longer available , search in web archives: Japanese Residence and Asylum Act ) (English).@1@ 2Template: Dead Link / www.japaneselawtranslation.go.jp
    35. See the overview on the website of the Turkish Foreign Ministry (English), there z. B. under "United Kingdom".
    36. In detail, the Council Regulation (EC) No. 415/2003 of February 27, 2003 on the issuing of visas at the border, including the issuing of such visas to seafarers in transit.
    37. A Japanese “Landing Permission” is visible here ( Memento from August 1, 2014 in the Internet Archive ).
    38. An overview of the approval agreements concluded by Germany with links to the texts can be found here
    39. ↑ Visa approval agreement Germany - USA (PDF; 6 kB)
    40. ^ German-Mexican visa agreement; published in the GMBl. 1960 p. 27
    41. Art. 20, Paragraph 2 of the Schengen Implementation Convention ; for Germany cf. Section 16 of the Residence Ordinance
    42. Art. 1 Para. 1 and 2 i. V. m. Annexes I and II of Regulation (EC) No. 539/2001 in the consolidated version of January 19, 2007 (PDF; 71 kB)
    43. This procedure is regulated in detail in Article 1, Paragraphs 4 and 5 of Regulation (EC) No. 539/2001 in the consolidated version of January 19, 2007 (PDF; 71 kB)
    44. Commission of the European Communities: Third report from the Commission to the European Parliament and the Council on the maintenance of the visa requirement in non-compliance with the principle of reciprocity on the part of certain third countries , document COM (2007) 533 final , p. 10; Referral to the Canadian Prime Minister; P. 11: Referral to the Secretary of Homeland Security and the President of the United States ; P. 13
    45. Article 22 Schengen Borders Code .
    46. "Computer gap lets 'tourists' disappear forever as EU opens door to 127 million" The Telegraph of May 3, 2016
    47. ↑ The legal basis for the requirement of an airport transit visa is the Common Consular Instructions in European law , in Germany Section 26 Paragraphs 2 and 3 of the Residence Ordinance
    48. This rule is expressly standardized in Section 26, Paragraph 1 of the Residence Ordinance
    49. Section 26, Paragraph 2, Sentence 3 of the Residence Ordinance
    50. Residence calculator ( Memento from March 31, 2016 in the Internet Archive )
    51. ↑ The legal basis is Regulation (EC) No. 693/2003
    52. This is regulated in more detail in Section VI No. 2 and Annex 9 of the Common Consular Instructions
    53. Detailed provisions on this in the Common Consular Instructions included
    54. Regulation (EC) No. 539/2001 in the consolidated version of January 19, 2007 (PDF; 71 kB)
    55. Especially Article 4 of Regulation (EC) No. 539/2001 in the consolidated version of January 19, 2007 (PDF; 71 kB)
    56. A large part of these guidelines is with references in the front sheet of in the BT-Drs. 16/5065 (PDF; 5.9 MB) contained in the draft law
    57. German Bundestag: Introduction to the law of issuing visas , in: Recommended resolution and report of the 2nd committee of inquiry according to Article 44 of the Basic Law, BT-Drs. 15/5975 (PDF; 3.2 MB), p. 54, No. 2 and 3a
    58. Specifically Article 6 of Regulation (EC) No. 539/2001 in the consolidated version of January 19, 2007 (PDF; 71 kB)
    59. Article 4 of Regulation (EC) No. 539/2001 in the consolidated version of January 19, 2007 (PDF; 71 kB)
    60. Documents regarding the accession of the Republic of Greece to the European Communities, Final Act, Joint Declaration regarding Mount Athos (OJ EC No. L 291 of November 19, 1979, p. 186) , repeated in a declaration by Greece on the Treaty of Amsterdam ( OJ EC No. C 340 of 10 November 1997, p. 144)
    61. Article 5 (2) of Directive 2004/38 / EC of the European Parliament and of the Council of April 29, 2004 .
    62. Entry formalities for their family members who are not EU citizens themselves .
    63. Right of Union citizens and their family members to move and reside freely within the Union, Guide on how to get the best out of Directive 2004/38 / EC
    64. Decision of the EEA Joint Committee No. 158/2007 of December 7, 2007 amending Annex V (Free movement of workers) and Annex VIII (Right of establishment) of the EEA Agreement .
    65. Article 6 (2) and 7 (2) of Directive 2004/38 / EC of the European Parliament and of the Council of April 29, 2004 .
    66. ^ Statutory Instrument 2006 No. 1003 - The Immigration (European Economic Area) Regulations 2006 . Great Britain only accepts self-issued residence permits (see definition of “residence card” in section 2).
    67. See EU Commission's answer to petition 1307.2007 (PDF; 99 kB).
    68. Point 3.2 in Report from the Commission to the European Parliament and the Council on the application of Directive 2004/38 / EC on the right of citizens of the Union and their family members to move and reside freely within the territory of Member States ( Memento of December 17, 2008 in the Internet Archive ).
    69. Your Europe family members from non-EU countries .
    70. cf. see section VI. (P. 15 ff.) And Annex 8 (p. 69 ff.) Of the Common Consular Instructions
    71. A list of the admissible comments can be found in Annex 9 (p. 75 ff.) Of the Common Consular Instructions
    72. Annex 10 (p. 86 ff.) Of the Common Consular Instructions
    73. The list is available on the UK Home Office website
    74. Regulated in detail in numbers 7 to 23 of the British Immigration Rules
    75. Art. 2 of the Immigration (Leave to Enter and Remain) Order 2000
    76. Numbers 24 to 30C of the British Immigration Rules
    77. In the here (PDF; 37 kB) retrievable information sheet further clarified
    78. See for more details no. 4.1.1.17 of the provisional application notes of the Federal Ministry of the Interior on the Residence Act
    79. A list of all protocol ID cards issued in the Schengen countries is officially published by the European Union, cf. Communication from the Commission: List of residence permits pursuant to Article 2 (15) of Regulation (EC) No. 562/2006 of the European Parliament and of the Council of 15 March 2006 on a Community code for people crossing borders (Schengen Borders Code) (2006 / C 247/01) of October 13, 2006
    80. § 16 i. V. m. Annex B of the Residence Ordinance
    81. This is an example of special regulations for diplomats in the Schengen area; as all the rules are in Annex 2 to the Common Consular Instructions lists
    82. Article 1 para. 2 i. V. m. Annex II of Regulation (EC) No. 539/2001 in the consolidated version of January 19, 2007 (PDF; 71 kB)
    83. MIGRATION ACT 1958 - SECT 29 .
    84. MIGRATION ACT 1958 - SECT 30 .
    85. Skilled Regional visa (subclass 887)
    86. ^ New Zealand Citizens ( Memento September 18, 2015 in the Internet Archive ). Australian Immigration Service information.
    87. Special Purpose Visa ( Memento of March 11, 2016 in the Internet Archive ). Australian Immigration Service information.
    88. The current list is published here ( Memento of July 7, 2012 in the Internet Archive )
    89. ^ Information from the Australian government
    90. Explanations of the Japanese Ministry of Foreign Affairs ( English ). The legal basis is Sec. 6 and 9 des ( page no longer available , search web archives: Japanese Immigration and Asylum Act )@1@ 2Template: Dead Link / www.japaneselawtranslation.go.jp
    91. List of the Japanese Ministry of Foreign Affairs
    92. List of Japanese Visa Categories and Reasons for Residence
    93. Explanations of the Japanese Foreign Ministry on the certificate of eligibility
    94. See also the explanations of the Japanese Embassy Berlin on vacation work visas
    95. Types of visas according to the overview of the consular department of the Russian Embassy in Berlin, viewed on December 2, 2011
    96. Agreement between the European Community and the Russian Federation on the Facilitation of Issuing Visas for Citizens of the European Union and for Citizens of the Russian Federation (PDF; 93 kB)
    97. Information from the Russian Embassy in Berlin on the documents to be presented by tourists
    98. Information from the Russian Embassy in Berlin on the documents to be presented by visitors
    99. See the detailed description of a professional visa brokerage company
    100. See in detail Article 127 of the Swiss Aliens Act (PDF; 275 kB)
    101. Article 10, Paragraph 2 and Article 11 of the Swiss Aliens Act (PDF; 275 kB)
    102. Article 17 of the Swiss Aliens Act (PDF; 275 kB)
    103. As expressly sec. 221 (h) of the Immigration and Nationality Act ; likewise this information from the US government
    104. Sec. 235 (a) (1) of the Immigration and Nationality Act
    105. Sec. 101 (13) (C) of the Immigration and Nationality Act
    106. Sec. 101 (13) (A) of the Immigration and Nationality Act
    107. On the different types of visas, see Schwab, DAJV-Newsletter 2011, 120 (PDF; 387 kB)
    108. See the overview of the US Customs and Border Protection
    109. This is regulated in detail in sec. 214 of the “Off-Line” Immigration and Nationality Act
    110. a b Visa Waiver Program (VWP). US Department of State Foreign Affairs, archived from the original on September 5, 2015 ; accessed on September 7, 2015 .
    111. ^ Welcome to the Electronic System for Travel Authorization. US Customs and Border Protection, accessed August 20, 2012 .
    112. APIS: Advance Passenger Information System (Part VII). (PDF) US Department of Homeland Security, accessed January 4, 2018 .
    113. US tightens visa waiver rules for visitors after Paris attacks. Reuters, accessed February 4, 2016 .
    114. ^ I-94 Goes Electronic. US Customs and Border Protection, accessed January 9, 2012 .
    115. Visa Waiver Program. US Department of State, archived from the original on September 29, 2015 ; accessed on September 28, 2015 (English). "Travelers should be aware that by requesting admission under the Visa Waiver Program, they are generally waiving their right to review or appeal a CBP officer's decision as to their application for admission at the port of entry."
    116. 8 US Code § 1187 (b)
    117. Entry to the USA refused "The case of Aimee Valentina Schneider [...] is not an isolated case: in 2013 [...] around 700 German citizens were prevented from entering the United States." In: Berliner Zeitung , August 5, 2015, accessed on August 6, 2015.
    118. Sec. 214 (b) of the “Off-Line” Immigration and Nationality Act
    119. Carissa J. Meyer: Seeking Entry into the United States: How America's Visa Waiver Program Works . ( Memento of March 25, 2009 in the Internet Archive ) In: A Brief Introduction to Czech Law. Rincon: The American Institute for Central European Legal Studies (AICELS), 2008. pp. 45-51, ISBN 978-0-692-00045-8
    120. Martin Holland: USA ask for social media accounts before entering the country. Heise online, December 23, 2016, accessed on March 14, 2017 .
    121. Martin Holland: Entry into the USA: Control of the social media accounts is tested. Heise online, March 13, 2017, accessed on March 14, 2017 .
    122. Information from the US authorities for permanent residents
    123. Chinese Embassy
    124. Chinese Visa Application Service Center (CVASC)
    125. Visa types for India , accessed on February 10 2017th
    126. application form
    127. Travel advice from the Foreign Office for India, accessed on February 10, 2017
    128. ^ Indian e-Visa. Retrieved May 23, 2017 (English).
    129. ^ Indian e-Visa. Retrieved May 23, 2017 (English).
    130. See point 4 of the information on entry requirements in the travel information from the German Foreign Office to Israel , accessed on September 12, 2018
    131. ^ Note from the Lebanese Embassy in Berlin on the requirements for issuing a visa, accessed on January 4, 2018
    132. ^ Note from the Syrian Embassy in Berlin ( memento of December 19, 2007 in the Internet Archive ) on the requirements for issuing a visa (under "PS:"), accessed on December 7, 2007
    133. See, for example, the United Arab Emirates' travel advice from the German Foreign Office under "Entry Regulations", "Travel Documents"
    134. Safety instructions from the Foreign Office on Azerbaijan
    135. then it is a "legitimate interest" within the meaning of § 1 Passport Act before
    136. See Section 10 (1) of the Passport Act
    137. Michael Jansen: Fundamentals of Passport Law for Foreigners , ZAR 1998, 70, 71 mwN
    138. ↑ In detail Günter Renner: Ausländerrecht in Deutschland , Verlag C. H. Beck, Munich 1998, ISBN 3-406-43699-4 , Rn. 15th
    139. § 16 of the General Passedict of June 21, 1817, GS p. 152
    140. Sections 24 and 26 of the Passport Regulations of March 20, 1813, GS p. 47
    141. Law on Passports of October 12, 1867 of the North German Confederation (Federal Law Gazette p. 33)
    142. § 9 of the Passport Act of October 12, 1867 of the North German Confederation (Federal Law Gazette p. 33)
    143. See Michael Jansen, Basis des Passrechts für Ausländer, ZAR 1998, 70, 72 with reference to Article 4 No. 1 of the Imperial Constitution of April 16, 1871 (RGBl. P. 63) and Article 7 No. 4 of the Weimar Constitution of August 11, 1919 (RGBl. P. 1383)
    144. ^ Ordinance on the temporary introduction of the passport requirement of July 31, 1914 (RGBl. P. 264) ; Replaced by the ordinance on other regulation of the passport requirement of December 16, 1914 (RGBl. p. 521)
    145. § 1 of the ordinance, regarding other regulation of the passport requirement, of June 21, 1916 (RGBl. P. 599)
    146. ^ From 1919 the Reich Minister of the Interior; Section 6 of the Ordinance on the Amendment of the Ordinance of June 21, 1916, Regarding Other Provisions of Passport Requirements, of June 10, 1919 (RGBl. P. 516)
    147. Announcement regarding the implementing regulations for the Passport Ordinance, dated June 24, 1916 (RGBl. P. 601)
    148. Number 3 of the announcement, regarding the implementing provisions for the Passport Ordinance, of June 24, 1916 (RGBl. P. 601)
    149. Number 14 of the announcement, regarding the implementing provisions for the Passport Ordinance, of June 24, 1916 (RGBl. P. 601)
    150. § 1 of the Ordinance on the Amendment of the Ordinance of June 21, 1916, Regarding Other Regulations on Passport Requirements, of June 10, 1919 (RGBl. P. 516)
    151. Cf. for example the Aliens Restriction (Amendment) Act 1919 , which was renewed annually until the Immigration Act 1971 came into force and continued the Alien Restrictions Act 1914 , which was introduced as an emergency law , on this House of Lords, Mark (Respondent) v Mark ( Appellant), [2005] UKHL 42 , No. 17
    152. § 40 of the notice for the execution of the Passport Ordinance of June 4, 1924 (RGBl. I p. 613)
    153. § 41 of the notice on the execution of the Passport Ordinance of June 4, 1924 (RGBl. I p. 613)
    154. Article II of the amendment to the notice to implement the Passport Ordinance of December 22, 1924 (RGBl. I p. 964)
    155. § 52 I a of the notice on the implementation of the Passport Ordinance of June 4, 1924 (RGBl. I p. 613)
    156. § 57 of the notice for the execution of the Passport Ordinance of June 4, 1924 (RGBl. I p. 613)
    157. § 78 f. the notice of execution of the Passport Ordinance of June 4, 1924 (RGBl. I p. 613)
    158. § 122 of the notice on the implementation of the Passport Ordinance of June 4, 1924 (RGBl. I p. 613)
    159. Passport announcement of June 7, 1932 (RGBl. I p. 257)
    160. Agreement between the Austrian Federal Government and the German Reich Government on the lifting of the visa requirement for the citizens of both sides of August 11, 1925
    161. Newspaper of the Association of Central European Railway Administrations No. 19 of May 13, 1926, p. 516
    162. Newspaper of the Association of Central European Railway Administrations No. 4 of January 28, 1926, p. 107
    163. Newspaper of the Association of Central European Railway Administrations No. 30 of July 29, 1926, p. 818
    164. Newspaper of the Association of Central European Railway Administrations No. 33 of August 19, 1926, p. 895
    165. Denmark BGBl. 210/1927, Finland BGBl. 252/1927, Great Britain BGBl. 251/1927, Latvia BGBl. 271/1927, Netherlands BGBl. 105/1927, Portugal BGBl. 149/1927, Switzerland BGBl. 14/1926
    166. Newspaper of the Association of Central European Railway Administrations No. 1 of January 5, 1928, p. 25
    167. Newspaper of the Association of Central European Railway Administrations No. 37 of September 13, 1928, p. 1001
    168. Newspaper of the Association of Central European Railway Administrations No. 25 of June 21, 1928, p. 688
    169. Newspaper of the Association of Central European Railway Administrations No. 6 of February 9, 1928, p. 159
    170. See Prager Tagblatt of March 28, 1928
    171. Newspaper of the Association of Central European Railway Administrations No. 21 of May 22, 1930, p. 567
    172. Law on the passport, immigration police and registration system as well as the identity card system of May 11, 1937 (RGBl. I p. 589)
    173. ^ Ordinance on passports of Jews of October 5, 1938 (RGBl. I p. 1342)
    174. Ordinance on the compulsory passport and visa as well as the compulsory identification of 10 September 1939 (RGBl. I p. 1739); tightened by ordinance of July 20, 1940 (RGBl. I p. 1008)
    175. Klaus M. Medert / Werner Süßmuth, Passport and ID Card Law , 4th edition, 2nd delivery, Kohlhammer, Stuttgart 2006, ISBN 978-3-17-019272-0 , IB 1 marginal no. 13 with reference to the Joint Press Release No. 1 of the Federal Government and the Allied High Commission of August 29, 1952 (transfer of travel control to the federal authorities)
    176. Section 3 (2) of the Passport Act of March 4, 1952 (Federal Law Gazette I p. 290)
    177. § 3 of the regulation on travel documents as a passport substitute and the exemption from the passport and visa requirement of May 17, 1952 (Federal Law Gazette I p. 296)
    178. Article 1 No. 5 of the ordinance amending the ordinance on travel documents as a passport substitute and the exemption from the passport and visa requirement of 30 June 1953 (Federal Law Gazette I p. 463)
    179. Article 1 No. 5 letter c of the regulation amending the regulation on travel documents as a passport substitute and the exemption from the passport and visa requirement of February 14, 1955 (Federal Law Gazette I p. 75)
    180. See for example the approval agreement with Luxembourg (GMBl. 1956, p. 357), Belgium (GMBl. 1956, p. 408), France (GMBl. 1956, p. 592); more endorsement agreements are here (right column) available
    181. Section 5 (2) of the Aliens Act of April 28, 1965 (Federal Law Gazette I p. 353)
    182. § 5 and the annex to the regulation for the implementation of the Aliens Act of 10 September 1965 (Federal Law Gazette I p. 1341)
    183. Case study - What measures did Austria take in 1968 when Czechoslovakia was occupied by troops from the Warsaw Pact states to secure its neutrality? ( Memento of July 11, 2012 in the web archive archive.today ), accessed on December 27, 2008.
    184. ^ On the legal development of the House of Lords, see Mark (Respondent) v Mark (Appellant), [2005] UKHL 42 , No. 18
    185. Fifth ordinance amending the ordinance implementing the Aliens Act of September 13, 1972 (Federal Law Gazette I, p. 1743)
    186. Introduction of the visa requirement for citizens of Afghanistan , Ethiopia and Sri Lanka by the ninth regulation amending the regulation for the implementation of the Aliens Act of March 26, 1980 (Federal Law Gazette I p. 371), for citizens of Iran by the tenth regulation amending the Ordinance for the implementation of the Aliens Act of May 12, 1980 (Federal Law Gazette I p. 564), for citizens of Bangladesh and India by the twelfth ordinance amending the ordinance for the implementation of the Aliens Act of July 11, 1980 (Federal Law Gazette I, p. 960)
    187. Eleventh ordinance amending the ordinance implementing the Aliens Act of July 1, 1980 (Federal Law Gazette I, p. 782); see. the unusual evaluation clause in Article 4 of this regulation
    188. Thirteenth ordinance amending the ordinance implementing the Aliens Act of October 21, 1981 (Federal Law Gazette I p. 1145)
    189. Fourteenth ordinance amending the ordinance implementing the Aliens Act of December 13, 1982 (Federal Law Gazette I p. 1681)
    190. ^ Fifteenth ordinance amending the ordinance implementing the Aliens Act of December 1, 1986 (Federal Law Gazette I p. 2110)
    191. Seventeenth ordinance amending the ordinance implementing the Aliens Act of May 3, 1989 (Federal Law Gazette I p. 881); except for holders of a visa or a residence permit for the USA, Canada or for EEC countries
    192. See the relevant information from the US State Department ( Memento of July 16, 2012 in the Internet Archive ) and the above statements on the current visa regulations in the USA
    193. Lawrence Van Gelder: TRAVEL ADVISORY; France's Visa Procedure, New England River Voyages , New York Times of September 28, 1986 , cf. also an outraged letter to the editor in the New York Times
    194. Section 2 (2) of the Passport Act of the German Democratic Republic of September 15, 1954 (Journal of Laws I p. 54) , amended by the law of August 30, 1956 (Journal of Laws I p. 733)
    195. See pictures of the German Historical Museum: the picture of an announcement by the Senate of Berlin on the first agreement , and the model of a pass
    196. § 1 of the Citizenship Act of the GDR of February 20, 1967 (Journal of Laws of I p. 3)
    197. ^ Decision of the People's Chamber of the GDR of June 11, 1968 (Journal of Laws of I p. 227)
    198. Appendix I No. 2 letters c and d of the Four Power Agreement
    199. Article 4 and Article 9 Paragraph 3 of the Agreement between the Government of the German Democratic Republic and the Government of the Federal Republic of Germany on the transit traffic of civilian persons and goods between the Federal Republic of Germany and Berlin (West)
    200. Agreement between the government of the German Democratic Republic and the Senate to facilitate and improve travel and visitor traffic
    201. See § 2 of the detailed ordinance on the temporary entry of persons with permanent residence in Berlin (West) into the German Democratic Republic of February 23, 1972 (Journal of Laws of I p. 125).
    202. Orders for citizens of the FRG to enter the GDR from October 17, 1972 (Journal of Laws of I p. 654) ; Sample of an entitlement certificate, shown at the Federal Agency for Civic Education: Chronicle of the Wall
    203. Pages 5 to 9 of the brochure "Reisen in die DDR", ed. from the Federal Ministry for Internal German Relations, 14th edition, November 1982
    204. State Commissioner of the Free State of Thuringia for the records of the State Security Service of the former GDR: Small Chronicle of the GDR - 1970s , entry on January 15, 1972; Federal Agency for Civic Education: Chronicle of the Wall - Overview 1972 , entry for January 1st
    205. More details The man from the Stasi is always there . In: Der Spiegel . No. 15 , 1984, pp. 83-89 ( Online - Apr. 9, 1984 ).
    206. Section 1 (2) of the GDR Passport Act of June 28, 1979 (Journal of Laws I p. 148).
    207. These urgent family matters were set out in Section 1, Paragraphs 2 and 3 of the regulations on travel arrangements for citizens of the GDR of October 17, 1972 (Journal of Laws I p. 653), amended by an order of June 14, 1973 (Journal of Laws I p . 269) and, from 1982, the arrangement of 15 February 1982 on arrangements for travel of citizens of the German Democratic Republic (Official Gazette I, p. 187) defines
    208. ^ Federal Agency for Civic Education: Chronicle of the Wall - Overview 1972 , entry for October 17th
    209. Ordinance on trips abroad by GDR citizens of November 30, 1988 (Journal of Laws of I p. 271)
    210. Sections 18 and 19 of the Ordinance on Travel by Citizens of the GDR to Foreign Countries of November 30, 1988 (Journal of Laws of I p. 271)
    211. ^ Federal Agency for Civic Education: Chronicle of the Wall - Overview 1988 , entry as of November 30th
    212. ^ Federal Agency for Civic Education: Chronicle of the Wall - September 1989 , entry as of September 12th
    213. ^ Federal Agency for Civic Education: Newspaper clipping Temporary suspension of visa-free traffic between GDR and ČSSR . In: Neues Deutschland , October 4, 1989
    214. ^ Federal Agency for Civic Education: Newspaper clipping tourists return to the ČSSR . In: Neues Deutschland , November 2, 1989. The newspaper article reports "between the lines" of mass exodus
    215. Federal Agency for Civic Education: Outrage over the draft travel law (1) with illustrated source: Hans-Hermann Hertle: Chronicle of the Fall of the Wall. The dramatic events of November 9, 1989 . Ch. Links Verlag, Berlin 1999
    216. Federal Agency for Civic Education: Draft of the law on trips abroad , there § 4 para. 1
    217. Federal Agency for Civic Education: detailed work on the implementation regulations (1) with source: Hans-Hermann Hertle: Chronicle of the Fall of the Wall. The dramatic events of November 9, 1989 . Ch. Links Verlag, Berlin 1999; Federal Agency for Civic Education: GDR government spokesman on new travel regulations . In: Neues Deutschland , November 10, 1989
    218. ^ Federal Agency for Civic Education: Video with the ARD Tagesschau report from November 9, 1989 - after the press conference, before the fall of the Berlin Wall; Spiegel Online: Zeitsprung - November 9, 1989 - Immediately means immediately with a description of the exact course of the press conference and the real meaning of the intended regulation
    219. See Federal Agency for Civic Education: Video with the ARD Tagesthemen report of November 9, 1989, 10:30 p.m.; on the uncertainties of the GDR leadership at the time and the ideas of freedom of travel there, cf. the analysis by Hans Henning Kaysers: November 9, 1989 - Opened the wall with four times "uh" . In: Süddeutsche Zeitung , November 9, 2004
    220. ↑ In addition, the former MfS Major General Gerhard Niebling, who was involved in the drafting, in: Federal Agency for Civic Education with a video interview and Federal Agency for Civic Education: Fine-tuning of the implementation regulations (1) with source: Hans-Hermann Hertle: Chronicle of the Fall of the Wall. The dramatic events of November 9, 1989 . Ch. Links Verlag, Berlin 1999
    221. Cf. Federal Agency for Civic Education: RIAS audio report on the opening of the Wall : Departure "without showing, without anything"
    222. Ordinance on travel by citizens of the Federal Republic of Germany and persons with permanent residence in Berlin (West) in and through the German Democratic Republic of December 21, 1989 (Journal of Laws I p. 271)
    223. § 2 of the law on travel by citizens of the German Democratic Republic abroad (Journal of Laws of I p. 8)
    224. Section 16 of the Act on Travel by Citizens of the German Democratic Republic to Foreign Countries (Journal of Laws I p. 8)
    225. Agreement between the government of the German Democratic Republic and the government of the Federal Republic of Germany on the lifting of identity checks at internal German borders of July 1, 1990
    226. Section 4 (3) of the Aliens Act of 9 July 1990 (Federal Law Gazette I, p. 1990, 1354, 1356)
    227. § 2 of the Ordinance Implementing the Aliens Act of December 18, 1990 (Federal Law Gazette I p. 2983)
    228. The authorization to issue short-term changes to visa law in accordance with Section 3 (4) of the Aliens Act of 1990 was used
    229. Ordinance in accordance with Section 3 (4) of the Aliens Act amending the Ordinance Implementing the Aliens Act of 11 January 1997 (Federal Law Gazette I p. 4)
    230. Council Decision of 6 December 2007 on the full application of the provisions of the Schengen acquis in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland and the Republic Slovenia and the Slovak Republic (2007/801 / EC; OJ EU No. L 323, p. 34)
    231. Article 1 sentence 2 of the Council Decision of 6 December 2007 on the full application of the provisions of the Schengen acquis in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (2007/801 / EC; OJ EU No. L 323, p. 34)
    232. See e.g. B. this offer ( Memento of March 25, 2006 in the Internet Archive )
    233. See the public announcement of the change in Thai immigration regulations ( memento of February 23, 2014 in the Internet Archive )
    234. welt.de:What will change for the Germans on June 1st

    Schengen Implementing Agreement:

    1. Fundamental Article 2 No. 3 Visa Code : "For the purposes of this regulation, the expression: uniform visa denotes a visa valid for the entire territory of the Member States."
    2. Article 21
    This article was added to the list of excellent articles on January 5, 2008 in this version .