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Immigration and residence law

Visas, residence permits, family reunification, settlement permits and protection against expulsion and deportation: the firm advises and represents you before the immigration office, the German mission abroad and the administrative court.

Typical situations

We can help you if you

want to apply for a residence permit or a settlement permit,
cannot get an appointment or the authority does not decide,
have been refused an extension or a work permit,
have been refused a visa, or a family member has,
have been served with an expulsion order or notified of deportation,
want an entry ban to be shortened or lifted.

Services

Advice and representation in detail

We represent you in administrative proceedings and before the administrative court. Where it makes sense, we look for a pragmatic solution with the authority.

Entry and visas

§§ 4, 6 AufenthG
Visa procedure
Application at the German mission abroad, reasons and supporting documents, action against a refusal.
§ 31 AufenthV
Prior approval by the immigration office
Approval before the visa is issued in order to speed up the procedure at the mission abroad.
§ 81a AufenthG
Fast-track procedure for skilled workers
Application by the employer to the competent immigration office.

Residence permits

§§ 16 ff. AufenthG
School, university, language courses and vocational training
Residence permits for school attendance, studies, language courses, vocational training and recognition of foreign qualifications.
§§ 18 ff. AufenthG
Employment and skilled workers
Skilled workers with vocational training or a degree, EU Blue Card, Opportunity Card, researchers and employment under the Employment Ordinance (BeschV), for example specialty chefs or teachers.
§ 21 AufenthG
Self-employment
Residence permits for founders and freelancers.
§§ 27 ff. AufenthG
Family reunification
Reunification of spouses, children and parents, visas for the purpose of marriage, independent right of residence after separation.
§§ 25a, 25b AufenthG
Right to remain and humanitarian residence permits
Residence permits for well-integrated young people and adults and on humanitarian grounds.
§ 24 AufenthG
Temporary protection
Residence for refugees from Ukraine and switching to other residence permits.
§§ 9, 9a AufenthG
Settlement permit and EU long-term residence
Permanent right of residence: requirements, application and refusal.
FreizügG/EU
Family members of EU citizens
Residence card and permanent right of residence for family members of EU citizens.

Extension, expulsion and deportation

§ 81 AufenthG
Extension and certificate of continued residence (Fiktionsbescheinigung)
Timely applications, continued right of residence, refusal of an extension.
§§ 53 ff. AufenthG
Expulsion
Hearing, written statement and court action against an expulsion.
§ 11 AufenthG
Entry and residence ban
Shortening or lifting the ban, also retrospectively.
§§ 60a ff. AufenthG
Toleration (Duldung)
Toleration, toleration for vocational training and for employment, and the route to a residence permit.
§§ 58, 62 AufenthG
Deportation and detention pending deportation
Urgent legal protection against deportation, representation in detention proceedings and appeals against detention orders.

Other matters

Work permit
Permission to work during the asylum procedure or with a toleration.
§ 51 AufenthG
Longer stays abroad and certificate of non-expiry
Extension of the deadline before a stay abroad of more than six months so that the residence permit does not expire, and a certificate confirming that the settlement permit continues (Section 51(2) AufenthG). Guide (in German)
StlÜbk 1954
Stateless persons
Determination of statelessness, travel documents for stateless persons, right of residence and facilitated naturalisation, for example for Palestinians without citizenship.
Correction of personal details
Correction of names, dates of birth and other details in residence documents.
§ 75 VwGO
Action for failure to act
Court action if the authority fails to decide without sufficient reason.
§§ 80, 123 VwGO
Urgent proceedings
Interim relief from the administrative court when a decision cannot be awaited.

FAQ

Questions about residence law

My residence permit is expiring and I cannot get an appointment. What should I do?

Submit your application for an extension in writing before the permit expires, for example by post, fax or via the authority’s online service, and keep proof of receipt. Your residence permit is then deemed to continue until a decision is made (Section 81(4) AufenthG).

The authority issues a certificate confirming this (Fiktionsbescheinigung). If it is not issued or you suffer disadvantages, we can contact the authority in writing.

Can a lawyer get me an appointment at the immigration office more quickly?

No, we cannot arrange appointments. However, we can make sure that your application is submitted in writing, complete and on time, and, if the authority fails to decide without sufficient reason, bring an action for failure to act or file an urgent application with the administrative court.

My visa was refused. What are my options?

A visa refusal can usually be challenged by bringing an action before the administrative court; the deadline is stated in the information on legal remedies and is usually one month. Sometimes a new, better-substantiated application is the quicker route. We assess this on the basis of the refusal notice.

I have received an expulsion order. What now?

Act immediately, as the deadlines for legal remedies are short. An expulsion can be challenged. The length of the entry and residence ban associated with the expulsion must also be examined (Section 11 AufenthG). Send us the decision together with the date of service.

Tell us about your matter.Arrange an initial consultation by email or phone. Please send us the decisions and letters from the authority in advance and tell us about any running deadlines.

rechtsanwalt@elwing.de