(2) This Act shall not apply to foreigners. Where the foreigner holds a temporary residence permit, the other conditions stipulated in subsection 1, sentence 1, no. (2) If the Federal Office for Migration and Refugees enlists the services of private or public institutions to provide migration advisory services pursuant to Section 75, no. 2. the revocation or withdrawal of an ICT Card or a Mobile ICT Card, 3. the refusal to extend a residence title allowing the subsequent immigration of dependants to join holders of an ICT Card or a Mobile ICT Card, or. (2) The Commissioner for Migration, Refugees and Integration shall submit a report to the German Bundestag at least every two years. a) the conditions pursuant to Section 60 (5) or (7) are not or no longer met. 1. the denial of an application to issue or extend a residence title. 4. activities which for the purposes of enforcement of this Act are never, or only under certain conditions, to be regarded as employment. (4) Except in the case of dismissal, the office tenure shall end when a new Bundestag is convened. If, at the time of application, the host entity in the other member state is not yet aware of the foreigner’s intention to be transferred to an entity in the federal territory, it must make the notification as soon as it becomes aware of this intention. Each Land shall appoint up to seven authorities to request allocation by the agency appointed in accordance with sentence 3 and to admit the allocated foreigners. (1) The Federal Government shall appoint a Commissioner for Migration, Refugees and Integration. (3) The foreigner may meet his obligation to leave the federal territory by entering another member state of the European Union or another Schengen state only if his entry into and residence in such state is permitted. The situation can be even more challenging for international students. 1. has entered the federal territory unlawfully, 2. has not yet applied for initial granting of the necessary residence title or has not yet applied for its extension or, despite an application having been submitted, the residence is not deemed to be permitted pursuant to Section 81 (3) or the residence title is not deemed to remain in force pursuant to Section 81 (4) or. 2, 4 to 6, 8 and 9 are met and if they have basic German language skills. 4. who have been admitted as seasonal workers in a member state of the European Union. (1) A temporary residence permit pursuant to Sections 16, 16b, 17b, 18d, 20 or 20b shall not be granted if the the host entity was established for the main purpose of facilitating the entry and residence of foreigners for the purposes mentioned in the individual provisions. The Federal Ministry of the Interior may publish the wording of this Act in the Federal Law Gazette after issuing a statutory instrument pursuant to sentence 1. Drawing the following benefits shall not constitute recourse to public funds: 5. educational and training assistance in accordance with Book Three of the Social Code, the Federal Education Assistance Act or the Upgrading Training Assistance Act, 6. public funds based on own contributions or granted in order to enable residence in Germany and. for issuing a Mobile ICT Card 100 euros. (7) If the foreigners authority has concrete grounds to suspect that the foreigner has been the victim of a criminal offence as specified in Section 25 (4a), sentence 1 or Section 25 (4b), sentence 1, it shall, by derogation from subsection 1, sentence 1, set a period allowed for leaving the country which will allow the foreigner sufficient time to decide whether he is prepared to testify pursuant to Section 25 (4a), sentence 2, no. (4) The temporary residence permit may be issued subject to the condition that the foreigner attend an integration interview or that an integration agreement be concluded. Sentence 1 shall not apply if no extension of the foreigner’s temporary residence permit is permissible or if it is not permissible to issue the foreigner a temporary residence permit or EU long-term residence permit because this is precluded by a rule of law on account of the purpose of residence or by a subsidiary provision attaching to the temporary residence permit pursuant to Section 8 (2). 6. if the foreigner leaves the federal territory for a reason which is not of a temporary nature. (11) The period referred to in Section 29 (2), sentence 2, no. To this end the data pursuant to sentence 1 shall be stored in the technical device. For the 2019-20 admissions cycle, U.S. students have seven American College Testing (ACT) testing dates from which to choose. 3 applies. Subsections 2 and 3 shall apply accordingly. (1) In the absence of any provisions to the contrary, a residence title shall be issued to a foreigner only upon application by said foreigner. The temporary residence permit shall entitle the holder to pursue an economic activity. For better or worse, standardized tests are an important part of the college application process. 6. the particular circumstances of the case mean that the spouse is unable to or it is unreasonable to expect the spouse to undertake efforts before entering the country to acquire basic German language skills, 7. the foreigner possesses a residence title pursuant to Sections 19 to 21 and the marriage already existed at the time when he established his main ordinary residence in the federal territory, or. 5. revocation or withdrawal of the recognition of research establishments for the purpose of concluding admission agreements pursuant to Section 20. It may exceed five years only if the foreigner was expelled on the ground of a criminal conviction or if he presents a serious threat to public safety and order. 810/2009, the states whose nationals must be in possession of an airport transit visa to pass through the international transit areas of German airports. A foreigner subject to a ban on entry and residence pursuant to Section 11 may be reported for the purposes of refusal of entry and, in the event of his being found in the federal territory, for the purposes of his apprehension. In cases covered by no. (3) Geographic restrictions, requirements and conditions, time limits pursuant to Section 11 (2), sentence 1, orders pursuant to Section 47 and other measures against a foreigner who does not possess a required residence title may be amended or lifted by a different authority only in agreement with the authority which ordered the measures. Its period of validity may be extended via statutory instrument with the approval of the Bundesrat. 8. who hold an EU Blue Card pursuant to Section 19a or a residence title issued by another member state of the European Union on the basis of Directive 2009/50/EC. 7. has indicated that he will not meet his obligation to leave the federal territory. 2. whose application, pursuant to Section 71 or Section 71a of the Asylum Act, repeatedly did not lead to a follow-up asylum procedure. A foreigner may be granted a temporary residence permit for the purpose of admission from abroad in accordance with international law or on urgent humanitarian grounds. 1. has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international instruments which have been drawn up for the purpose of establishing provisions regarding such crimes. (9) With regard to foreigners who are subject to the obligation pursuant to subsection 1, the Länder may, by way of statutory instruments of the Land government or other Land regulations, issue regulations specifying the organisation, procedure and suitable accommodation relating to. 2a. 1 to 3 and 6 to 8 is met. It must be deleted when the data protection monitoring is completed. (2) The Federal Ministry of the Interior or a body designated by it may, in agreement with the Federal Ministry of Transport and Digital Infrastructure, prohibit a transport carrier from transporting foreigners into the federal territory in contravention of subsection 1 and threaten a fine in case of violation. (4) If it is no longer required for the purpose of the ban on entry and residence, the ban on entry and residence may be revoked in order to uphold the legitimate interests of the foreigner,as or the period referred to in subsection 2 may be shortened. 1 or the use, support for or preparation of unlawful violence within the meaning of no. 5) The Federal Office for Migration and Refugees shall notify the competent authority of another member state of the European Union in which the foreigner concerned possesses an ICT Card as to the content and date of a decision on, 1. denying, in line with Section 19c (4), mobility notified pursuant to Section 19c (1), and. (1) A juvenile or adolescent foreigner whose deportation has been suspended should be granted a temporary residence permit if. Assessment in this context shall be carried out by the authority deciding on the deportation order; this authority shall not be bound by findings reached in this connection in other proceedings. (3) If the Commissioner possesses adequate information indicating that federal public bodies are committing breaches within the meaning of Section 93, no. In order to avoid abuse, extension of the temporary residence permit may be denied if the spouse relies on benefits in accordance with Book Two or Book Twelve of the Social Code for reasons for which he is responsible. (5) Section 20 (7) shall govern the extension of the temporary residence permit following the completion of the research activities. Information relating to the use of a document pursuant to Section 78 (1) pertaining to the electronic proof of identity including its activation and deactivation as well as its blocking and unblocking shall also be recorded. 1; the foreigner shall be deported directly from detention or public custody. Some rural students, however, may find that the exam will require a bit more travel. (5) The bodies to be consulted pursuant to Section 72 (6) must notify the foreigners authorities, 1. ex officio of any circumstances justifying the revocation of a residence title issued pursuant to Section 25 (4a) or (4b) or the reduction or annulment of a period allowed for departure pursuant to Section 59 (7) and. Section 35 may be applied accordingly to children who entered Germany before reaching the age of 18. (3) The foreigner and the host educational institution shall be required to inform the foreigners authority of any changes to the requirements stipulated in subsection 1. The foreigners authority which has reached the decision shall transmit the necessary data to the Federal Office for Migration and Refugees without delay. (2) A foreigner shall be issued an EU long-term residence permit pursuant to Article 2 (b) of Directive 2003/109/EC if. The foreigners concerned shall be issued a temporary residence permit or permanent settlement permit, in accordance with the approval for admission. In order to ensure a nationwide uniform approach, the order shall require the approval of the Federal Ministry of the Interior. 1. he no longer possesses a valid passport or passport substitute. 3. the admission agreement or a corresponding contract concluded with the host research establishment in the federal territory is submitted. The foreigners authorities may transfer the data from the Central Register of Foreigners required for notifications pursuant to sentence 1 to the National Contact Point by means of an automated process, using the Central Foreigners Register number. 2. has resided in the federal territory for at least two years holding an EU Blue Card when filing the application. The decision by the Federal Office shall only be contestable subject to the provisions of the Asylum Act. Restrictions. A manager within the meaning of this Act is a person holding a senior position, who primarily directs the management of the host entity, receiving general supervision or guidance principally from the board of directors or shareholders of the business or equivalent. 2, or if a legal entitlement applies. (1a) The same punishment shall be applicable to anyone who wilfully commits an act specified in Section 404 (2), no. (1) The Federal Ministry of Labour and Social Affairs may determine the following by means of statutory instruments, with the approval of the Bundesrat: 1. types of employment for which no approval is necessary from the Federal Employment Agency (Section 17, sentence 1, Section 17a (1), sentence 3, Section 17b (1), Section 18 (2), sentence 1, Section 18d (1), Section 19 (1), Section 19a (1), no. Where it is impossible to determine which foreigners authority is responsible, Section 15a shall apply accordingly. Suspension pursuant to sentence 1 shall not be extendible. (1) The supreme Land authority may order a temporary residence permit to be granted to foreigners from specific states or to certain groups of foreigners defined by other means, in accordance with international law, on humanitarian grounds or in order to uphold the political interests of the Federal Republic of Germany. (2) The procedure in connection with the deprivation of liberty shall be determined by Book Seven of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction. 3 not only fleetingly or by chance and can be expected to provide further information which may help investigate or combat international terrorism insofar as there is reason to believe that they are aware of the planning or commission of one of the criminal offences referred to in no. (3) The foreigners authorities and the diplomatic missions abroad shall be obliged to transfer the data stated in subsection 2 to the registration authority immediately when an application has been filed, 1. for a temporary residence permit pursuant to Section 24 (1) or. (2) A former German who is habitually resident abroad may be granted a temporary residence permit if he possesses a sufficient command of the German language. It may contain only the following visibly displayed information: a) “AR” for residence titles of the type pursuant to Section 4 (1), nos. Section 47 shall remain unaffected. (3) Section 20 (5) shall apply accordingly to the entitlement to take up research and teaching activities. (6) The granting or extension of a residence title pursuant to subsection 2, Sections 17b, 18d, 19, 19a, 19b, 19d, 20 or 20b, which does not require approval by the Federal Employment Agency owing to provisions in this Act, in a statutory instrument or an intergovernmental agreement, may be denied if there are grounds that would allow the authorities to deny the necessary approval pursuant to Section 40 (2) no. Foreign states may return foreigners to another state from their territory via the federal territory or readmit foreigners into their territory from another state via the federal territory, subject to the permission of the competent authorities (transit operations). The declaration of commitment shall not expire before the period of five years from the foreigner’s entry has elapsed if a residence title is granted pursuant to Part 5 of Chapter 2 or if recognition is given pursuant to Section 3 or Section 4 of the Asylum Act. 2. subsistence is ensured independently by means of an economic activity. Periods of residence pursuant to Section 9a (3), no. The period of validity of the temporary residence permit must not exceed that of the dependant’s passport or passport substitute, however. (6) A ban on entry and residence may be imposed against a foreigner who has not fulfilled his obligation to leave the country within the period allowed for departure, unless the foreigner was prevented from leaving through no fault of his own or has exceeded the period allowed for departure by an insignificant amount of time. 4. the Federal Employment Agency has granted approval in accordance with Section 39 or it has been determined by statutory instrument pursuant to Section 42 (1) no. 5. the host entity does not pursue any economic activity. (2) The ban on entry and residence shall be subject to a time limit imposed ex officio. 3. the foreigner no longer meets the conditions under which he could be granted a temporary residence permit pursuant to Section 20 or under which it would be permissible to conclude an admission agreement with him. (3) The Federal Government shall, with the approval of the Bundesrat, determine by statutory instrument the cases which are subject to a fee, the scales of fees, and exemptions and reduced fees, particularly in cases of need. The legal provisions governing temporary residence permits shall also apply to the EU Blue Card, the ICT Card and the Mobile ICT Card in the absence of any law or statutory instrument to the contrary. that the foreigner’s identity is established, as is his nationality, if he is not entitled to return to another state. Section 31 shall apply accordingly. 3. the period of validity or the duration of the planned stay in every individual case. f) the right of the holder of the document to inspect the data stored in the electronic storage medium. Gender), Road Traffic Regulations (Straßenverkehrs-Ordnung, StVO) with Annexes, Network Enforcement Act (Netzdurchsetzunggesetz, NetzDG), Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), BVerfGE 142, 123 – OMT-Programme of the ECB (EZB), BVerfGE 122, 374 – Renewable Energy Sources Act (Erneuerbare Energien Gesetz, EEG), BVerfGE 141, 82 – Professional Partnership of Lawyers with Physicians and Pharmacists. The person who is obliged to ensure the foreigner’s subsistence shall also be obliged to pay such a charge. 10. serial number of the appurtenant passport or passport substitute. The operator of a commercial airport shall be obliged to provide suitable accommodation on the airport premises for foreigners who do not possess a required passport or a required visa until the decision on admission is enforced by the border police. The federal ministries shall support the Commissioner in discharging her duties. 2. on any impairments of the data collection. After three years, a permanent settlement permit shall be granted, by derogation from Section 9 (2), sentence 1, nos. (4) Once the notice of intention to deport is no longer subject to appeal, the foreigners authority shall, for the purpose of further decisions on deportation or the suspension of deportation, ignore any circumstances which represent an obstacle to deportation to the state specified in the notice of intention to deport and which occurred before the notice of intention to deport was no longer subject to appeal; any other circumstances cited by the foreigner which represent an obstacle to deportation, or to deportation to the specified state, may be ignored. (3) The existence of deportation bans and grounds for the temporary suspension of deportation shall not preclude issuing the notice of intention to deport. 1. he has held a residence title pursuant to Sections 18, 18a, 19a or 21 for two years. 1. the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees, 2. the foreigner, in the context of the entry and stay in several member states of the European Union envisaged in Directive 2014/66/EU, will spend more time in another member state than in the federal territory in the context of the transfer, or. 3. information on completed criminal investigations or such investigations which are known to the foreigners authority. 4. type of residence title or right of residence. For the purpose of remuneration, it shall be assumed that the foreigner has been employed by the employer for three months. e) possesses a temporary residence permit, if the marriage existed at the time said permit was granted and the duration of the foreigner’s stay in the federal territory is expected to exceed one year, f) possesses a temporary residence permit pursuant to Section 38a and the marriage already existed in the member state of the European Union in which the foreigner has the status of a long-term resident, or. In the cases covered by sentence 1, nos. Where an entitlement to extension of the temporary residence permit applies only pursuant to this Act, extension may be refused unless the foreigner furnishes evidence that he has achieved integration into the community and society by other means. The further transmission of data between the authorities referred to in sentence 1 and the authorities responsible for the asylum procedure and for decisions on residence matters which is required as a result of the transmission pursuant to subsection 1a and sentences 1 and 2 may be effected via the Federal Office of Administration. The temporary residence permit shall entitle the holder to pursue an economic activity in this period. The foreigner shall be brought before the court without delay for a decision on the order for custody to secure deportation. 3. his subsistence is for the most part ensured, 4. he possesses sufficient command of the German language and. (1) The fundamental rights of physical integrity (Article 2 (2), sentence 1 of the Basic Law) and freedom of the person (Article 2 (2), sentence 2 of the Basic Law) shall be curtailed under the terms of this Act. (1) The entry of a foreigner into the federal territory shall be unlawful if he. (2) A national visa, a temporary residence permit or an EU Blue Card which have been granted for the purpose of employment shall be revoked if the Federal Employment Agency revokes the approval of employment pursuant to Section 41. (3) The Federal Office for Migration and Refugees shall notify the competent authority of another member state of the European Union ex officio that a foreigner who possesses long-term resident status in said member state has been served notice of intention to deport or remove him, 1. to the member state of the European Union in which the foreigner holds long-term resident status or, 2. to a territory outside of the European Union. (6) A foreigner may be granted a temporary residence permit, if, 1. he has been accepted by a state or state-recognised or comparable educational institution. Section 9 (2), sentences 2 to 6, Section 9 (3), sentence 1, and Section 9 (4) shall apply accordingly; the condition set out in sentence 1, no. 1, (2) and Section 10 (3), sentence 1, a minor, unmarried child may be granted a temporary residence permit in his own right pursuant to Section 23 (1), sentence 1 if the said child’s parents or the parent possessing the sole right of care and custody are not granted a temporary residence permit or an extension of the same pursuant to Section 104a and are leaving the federal territory, where. Suspension of deportation pursuant to sentence 4 shall not be granted and suspension of deportation granted in accordance with sentence 4 shall expire if the foreigner has been convicted of an offence intentionally committed in the federal territory; no account shall generally be taken of fines of a total of up to 50 daily rates or of up to 90 daily rates in the case of criminal offences which can, under the Residence Act or the Asylum Act, only be committed by foreigners. 1. the stay of a foreigner who does not possess a required residence title and whose deportation has not been suspended, 2a. The temporary residence permit may only be issued if, 1. the public prosecutor’s office or the criminal court considers the temporary presence of the foreigner in the federal territory to be appropriate in connection with criminal proceedings relating to the said criminal offence, because it would be more difficult to investigate the facts of the case without his information and. 7. he, in the course of an interview to clarify reservations concerning entry or continued residence, fails to inform the German diplomatic mission abroad or the foreigners authority of previous stays in Germany or other states, or intentionally furnishes no, false or incomplete information on key points regarding links to persons or organisations suspected of supporting terrorism or threatening the free, democratic order or security of the Federal Republic of Germany; expulsion on this basis shall be permissible only if the foreigner is expressly informed prior to the interview of the security-related purpose of the interview and the legal consequences of refusing to furnish information or of furnishing false or incomplete information, 8. in the course of an administrative procedure conducted by the authorities of a Schengen state in Germany or abroad, a) has furnished false or incomplete information in order to obtain a German residence title, a Schengen visa, an airport transit visa, a passport substitute, eligibility for exemption from the passport requirement or the suspension of deportation or, b) notwithstanding a legal obligation, has failed to cooperate in measures taken by the authorities responsible for implementing this Act or the Convention Implementing the Schengen Agreement, provided that the foreigner was informed beforehand of the legal consequences of such action or. 1, who requires a residence title pursuant to Section 4 (1), sentence 1 in order to reside in the federal territory and only possesses a residence title in the form of a Schengen visa pursuant to Section 6 (1), no. 4. by virtue of his nationality, the foreigner may enter and stay in the federal territory without requiring a visa for a period of residence which does not constitute a short stay. Subsection 3 shall apply accordingly. (2) Highly qualified persons in accordance with subsection 1 are, in particular, 1. researchers with special technical knowledge or. 5, a rejection may be made any time during the foreigner’s stay. 6. the duration of validity of the residence title or, in the case of a permanent right of residence, the technical period of validity for the use of the card. (2) The foreigners authorities may require foreigners to present themselves to the authority requesting allocation. (2) In order to check the data in this manner, the body requesting the check shall transmit the photograph or fingerprints and other information stipulated in Section 49b, no. (6) The Federal Office for Migration and Refugees shall notify the competent foreigners authority ex officio of the content of notifications from other member states of the European Union. 2 to 5 or (2), nos. (2) Anyone shall be deemed to have committed an administrative offence who. The obligation to leave the federal territory shall otherwise become enforceable only when the denial of the residence title or another administrative act requiring the foreigner to leave pursuant to Section 50 (1) takes effect.