Applying for a residence title: the first application at a glance (2026)

The starting point is § 81 (1) AufenthG:

„Ein Aufenthaltstitel wird einem Ausländer nur auf seinen Antrag erteilt, soweit nichts anderes bestimmt ist."

Own translation: "A residence title is granted to a foreign national only upon their application, unless otherwise provided." So no application, no title. The application must be actively filed — the authority does not act on its own. This applies to the first application just as it does later to the renewal; the main difference is that the first application is often preceded by a visa procedure from abroad (see below).

Alongside the specific requirements of the individual title (study, employment, family …), there are general conditions which the law places "before the bracket". § 5 (1) AufenthG names them: granting a residence title as a rule requires that

1. „der Lebensunterhalt gesichert ist" (livelihood is secured), 1a. „die Identität und, falls er nicht zur Rückkehr in einen anderen Staat berechtigt ist, die Staatsangehörigkeit des Ausländers geklärt ist" (identity and, where applicable, nationality are clarified),
2. „kein Ausweisungsinteresse besteht" (no deportation interest exists),

and — under the further numbers — that the residence does not impair or endanger the interests of the Federal Republic (Nr. 3, unless there is an entitlement to the title) and that "the passport requirement under § 3 is met" (Nr. 4).

This can be summarised in three core points:

• Secured livelihood (including health insurance) — when livelihood is "secured" is defined by § 2 (3) sentence 1 AufenthG: livelihood is secured where the foreign national can cover it "einschließlich ausreichenden Krankenversicherungsschutzes ohne Inanspruchnahme öffentlicher Mittel" (own translation: "including adequate health-insurance cover, without recourse to public funds"). Adequate health-insurance cover is therefore a standalone, examination-relevant requirement alongside income — not merely an add-on (§ 5 (1) Nr. 1 in conjunction with § 2 (3) AufenthG). The proof can be furnished in different ways; alongside one's own income, the law also provides for a declaration of commitment by a third party (Verpflichtungserklärung). Anyone who commits to the immigration authority or a mission abroad to bear the costs of a foreign national's livelihood must, under § 68 (1) AufenthG, „für einen Zeitraum von fünf Jahren sämtliche öffentlichen Mittel zu erstatten, die für den Lebensunterhalt des Ausländers […] aufgewendet werden" (own translation: "reimburse, for a period of five years, all public funds expended on the foreign national's livelihood"); the commitment „bedarf der Schriftform" (must be made in writing, § 68 (2) AufenthG). Whether such a declaration of commitment suffices as proof of secured livelihood in an individual case is checked by the competent authority — this article makes no statement on the individual case.
• Clarified identity and passport requirement — identity and, where applicable, nationality are clarified (Nr. 1a) and a valid passport is held (Nr. 4 in conjunction with § 3 AufenthG).
• No deportation interest — there is no deportation interest (Nr. 2).

The words "as a rule" (in der Regel) matter here: the law allows exceptions in certain cases. Whether and when an exception applies is a question of the individual case — and not one that this article or civitas. answers; that is checked by the competent immigration authority.

Which titles exist — the types at a glance →

Anyone not already lawfully in Germany generally enters first with a visa. The Residence Act distinguishes:

• The Schengen visa under § 6 (1) AufenthG for short stays — "for planned stays in that territory of up to 90 days per 180-day period".
• The national visa under § 6 (3) AufenthG for longer stays: „Für längerfristige Aufenthalte ist ein Visum für das Bundesgebiet (nationales Visum) erforderlich, das vor der Einreise erteilt wird." — "For longer-term stays a visa for the federal territory (national visa) is required, which is issued before entry."

For a longer-term stay (study, work, family reunification) a national visa is therefore usually needed, applied for at the German mission abroad in the country of origin and before entry. That entry must have taken place with the required visa is also reflected at the later title stage: § 5 (2) AufenthG in principle requires, for the grant of a residence permit, that the person "entered with the required visa" ("mit dem erforderlichen Visum eingereist ist").

After entry, the national visa is converted at the local immigration authority into the appropriate residence title inside Germany (e.g. a residence permit). Here too: whether an exception to the visa requirement applies depends on the individual case and on nationality and is checked by the competent body.

Not every first application starts abroad. Alongside the visa route there is the first application from inside Germany — for instance where a person is already lawfully present in Germany without a residence title (for example during a visa-free short stay) and applies for a title from here, possibly combined with a change of purpose (Zweckwechsel). For this constellation the law sets up a provisional-permission fiction (Erlaubnisfiktion). § 81 (3) sentence 1 AufenthG reads:

„Beantragt ein Ausländer, der sich rechtmäßig im Bundesgebiet aufhält, ohne einen Aufenthaltstitel zu besitzen, die Erteilung eines Aufenthaltstitels, gilt sein Aufenthalt bis zur Entscheidung der Ausländerbehörde als erlaubt."

Own translation: "Where a foreign national who is lawfully present in the federal territory without holding a residence title applies for the grant of a residence title, their residence is deemed permitted until the decision of the immigration authority." So anyone lawfully present without a title who applies for one has their residence deemed permitted until the decision of the immigration authority. Where the application is filed late, under § 81 (3) sentence 2 AufenthG deportation is deemed suspended from the point of application until the decision. Whether a title can, in an individual case, be applied for from inside Germany without a prior visa procedure depends on the situation and on nationality and is checked by the competent immigration authority; this article makes no statement on the individual case.

For skilled workers (Fachkräfte) the law provides a bundled procedural route. Under § 81a (1) AufenthG, employers can "apply for an accelerated skilled-worker procedure at the competent immigration authority on behalf of the foreign national" ("in Vollmacht des Ausländers") — for certain purposes of stay (among others skilled workers with vocational or academic training, §§ 16a, 16d, 18a, 18b, 18c (3), 18g AufenthG). The procedure is thus initiated by the employer holding a power of attorney and bundles the individual steps — such as establishing the equivalence of the professional qualification and the subsequent visa procedure — at the competent immigration authority. Whether this route comes into consideration and how it runs in an individual case depends on the purpose of stay and is set by the competent authority.

Inside Germany, the immigration authority (Ausländerbehörde) is the competent body. § 71 (1) sentence 1 AufenthG states:

„Für aufenthalts- und passrechtliche Maßnahmen und Entscheidungen nach diesem Gesetz und nach ausländerrechtlichen Bestimmungen in anderen Gesetzen sind die Ausländerbehörden zuständig."

Own translation: "The immigration authorities are competent for residence- and passport-law measures and decisions under this Act and under provisions of immigration law in other statutes." For the visa from abroad, by contrast, the German missions abroad (embassies, consulates) are competent. Locally, the competent immigration authority is usually determined by place of residence; the specific authority, the application form and the required evidence are set by the respective municipality — they vary by state and city.

Once the application is approved, the title is issued as a card. § 78 (1) sentence 1 AufenthG provides:

„Aufenthaltstitel nach § 4 Absatz 1 Satz 2 Nummer 2 bis 4 werden als eigenständige Dokumente mit elektronischem Speicher- und Verarbeitungsmedium ausgestellt."

Own translation: "Residence titles under § 4 (1) sentence 2 numbers 2 to 4 are issued as standalone documents with an electronic storage and processing medium." This is the electronic residence title (eAT) — a chip card in credit-card format. It is produced after approval by the Federal Printing Office (Bundesdruckerei); this usually takes several weeks (practice, not a nationwide fixed figure). Issuing it requires, among other things, biometric data: the document bears a visibly applied photograph (§ 78 (1) sentence 3 no. 3 AufenthG); the electronic storage and processing medium additionally holds two fingerprints (§ 78 (3) sentence 1 no. 4 AufenthG).

The process differs depending on the situation — roughly it can be outlined as follows:

1. From abroad: apply for the national visa at the German mission abroad (§ 6 (3) AufenthG), then enter.
2. Register your residence with the registration authority — anyone who moves into a dwelling must register with the registration authority "within two weeks of moving in" (§ 17 (1) BMG); the registration certificate (Meldebescheinigung) issued in the process is often required by the immigration authority as evidence.
3. Appointment at the competent immigration authority (§ 71 AufenthG) — depending on the municipality via online portal, e-mail or waiting list.
4. File the application (§ 81 (1) AufenthG): fill in the form, submit evidence for the general (§ 5) and the title-specific requirements, photo/biometrics.
5. Decision by the authority; upon approval, card production (eAT, § 78 AufenthG) and collection.

The final list of documents and the exact process are set by the competent authority. This article describes the framework in general terms and does not replace individual-case information.

Fees are charged for official acts under the Residence Act; their amount is set in the Residence Ordinance (Aufenthaltsverordnung, AufenthV, §§ 44 et seq.). For the most common cases the ordinance names fixed amounts:

• Grant of a residence permit: 100 euros — both for a validity of up to one year and for more than one year (§ 45 AufenthV).
• National visa (category D): 75 euros (§ 46 (2) no. 1 AufenthV); this fee is charged by the German mission abroad in the country of origin.

For certain groups of persons the Residence Ordinance provides for reductions or exemptions (e.g. on the basis of supranational and intergovernmental agreements). Which fee applies in an individual case and whether a reduction applies is set conclusively by the competent authority — the mission abroad for the visa, the immigration authority for the title inside Germany. There may also be costs outside the fee (e.g. for passport photos or certified translations).

The first application is about obtaining a title for the first time — often with a preceding visa procedure from abroad. With the renewal a title already exists and is to be continued; there the principle of § 8 (1) AufenthG applies (the same provisions for renewal as for issuance) as well as the important continuation fiction (Fortbestandsfiktion) of § 81 (4) AufenthG where the renewal is applied for in good time before expiry. You will find the full guide to renewal at Renewing your residence permit.

With the first residence title, lawful residence begins — and with it the clock that counts for later stages: the settlement permit (§ 9 AufenthG) after several years and, as a possible destination, naturalisation under § 10 StAG (five years of lawful ordinary residence). Every clean, gap-free title history contributes later to these periods. The connections:

• Residence title types at a glance — which titles exist and what for.
• The path to naturalisation — the stages from residence permit to the German passport.
• Settlement permit: requirements under § 9 AufenthG — the permanent title as a later step.
• Naturalisation requirements — what counts at the destination.

civitas. is a private application-assistance service — not a public authority and not a law firm. We do not provide legal advice, give no prospects-of-success forecast and recommend to no one which title to apply for — that is checked by the competent immigration authority. At present we support the renewal of an existing residence title with filling in and compiling the application. For the first application this article offers general orientation; the authoritative information is given by the competent body.

Prepare your renewal with civitas. →

Do I have to apply for a residence title myself?

Yes. Under § 81 (1) AufenthG a residence title is granted "only upon their application" — the authority does not act on its own.

Which general conditions apply to the grant?

§ 5 (1) AufenthG names, as a rule: secured livelihood (Nr. 1), clarified identity/nationality (Nr. 1a), no deportation interest (Nr. 2), no impairment of the Federal Republic's interests (Nr. 3) and a met passport requirement under § 3 (Nr. 4). In addition there are the specific requirements of the individual title. Whether they are met is checked by the immigration authority.

Do I need a visa for the first application?

For longer-term stays from abroad a national visa under § 6 (3) AufenthG is generally required, applied for before entry; § 5 (2) AufenthG in principle requires entry "with the required visa". Exceptions exist, among others, for EU citizens and certain nationals — this depends on the individual case.

Which authority is competent?

Inside Germany the immigration authority (§ 71 (1) AufenthG), usually by place of residence. For the visa from abroad, the German mission abroad. The form and documents are set by the competent body.

Which documents are typically required?

This depends on the respective purpose of stay, and the conclusive list is set by the competent authority. From the general conditions of issue, the following typically arise: a valid passport (passport requirement under § 3 AufenthG, § 5 (1) Nr. 4 AufenthG); a biometric photograph and fingerprints for the production of the electronic residence title (§ 78 AufenthG); evidence of secured livelihood including adequate health-insurance cover (§ 5 (1) Nr. 1 in conjunction with § 2 (3) AufenthG); and, as a rule, a registration certificate (Meldebescheinigung). In addition there are the purpose-specific documents (for example enrolment, employment contract or evidence of family membership). Which documents must actually be submitted in an individual case is determined by the competent immigration authority.

How is the residence title issued?

As an electronic residence title (eAT) — a chip card under § 78 (1) AufenthG. It is produced after approval by the Federal Printing Office; this usually takes several weeks.

How long does processing the first application take?

There is no general answer. There is no nationwide statutory standard decision deadline for the first application; the duration depends on the competent authority and on the type of title. For skilled workers, the accelerated skilled-worker procedure under § 81a AufenthG can bundle the individual steps. During the ongoing procedure — where a person is lawfully present without a title inside Germany — the provisional-permission fiction (Erlaubnisfiktion) of § 81 (3) AufenthG may apply, so that residence is deemed permitted until the decision of the immigration authority. After approval, the production of the electronic residence title (eAT, § 78 AufenthG) is added, which usually takes several weeks. A binding processing time is stated, and the final decision is made, by the competent authority.

What happens if my national visa expires while the first application is being processed?

The national visa (category D under § 6 (3) AufenthG) is itself a residence title — the law expressly lists the visa as a residence title in § 4 (1) sentence 2 no. 1 AufenthG („Die Aufenthaltstitel werden erteilt als […] Visum im Sinne des § 6 Absatz 1 Nummer 1 und Absatz 3"; own translation: "Residence titles are granted as […] a visa within the meaning of § 6 (1) no. 1 and (3)"). Anyone who applies for the grant of another residence title (e.g. a residence permit) before that visa expires is therefore covered by the same continuation fiction (Fortbestandsfiktion) as on renewal: under § 81 (4) sentence 1 AufenthG, where a foreign national applies „vor Ablauf seines Aufenthaltstitels dessen Verlängerung oder die Erteilung eines anderen Aufenthaltstitels" (own translation: "before the expiry of their residence title for its renewal or for the grant of another residence title"), „der bisherige Aufenthaltstitel vom Zeitpunkt seines Ablaufs bis zur Entscheidung der Ausländerbehörde als fortbestehend" gilt (own translation: "the previous residence title is deemed to continue in existence from the time of its expiry until the decision of the immigration authority"). A fiction certificate (Fiktionsbescheinigung) is issued on the effect of the application (§ 81 (5) AufenthG). The distinction matters: this effect attaches to the national visa (type D, § 6 (3)). For a Schengen visa (type C, § 6 (1)) it expressly does not apply — § 81 (4) sentence 2 AufenthG excludes visas under § 6 (1). Whether, in an individual case, the application was filed in good time before expiry and what effect it has is examined and decided by the competent immigration authority. This article gives no individual-case information.

May I work while the first application is being processed?

There is no blanket answer, and it does not follow from the fiction alone. The provisional-permission fiction (Erlaubnisfiktion) of § 81 (3) AufenthG (first application from inside Germany without a prior title) means that residence is deemed permitted until the decision of the immigration authority — but it does not by itself provide a work permit. Whether and to what extent employment (Erwerbstätigkeit) may be pursued is governed by § 4a (1) AufenthG: „Ausländer, die einen Aufenthaltstitel besitzen, dürfen eine Erwerbstätigkeit ausüben, es sei denn, ein Gesetz bestimmt ein Verbot" (sentence 1; own translation: "Foreign nationals who hold a residence title may pursue employment, unless a statute provides a prohibition"); „die Erwerbstätigkeit kann durch Gesetz beschränkt sein" (sentence 2; own translation: "employment may be restricted by statute"). What matters, therefore, is whether the title itself or an ancillary provision (Nebenbestimmung) permits employment — every residence title must, under § 4a (3) sentence 1 AufenthG, „erkennen lassen, ob die Ausübung einer Erwerbstätigkeit erlaubt ist und ob sie Beschränkungen unterliegt" (own translation: "make it apparent whether the pursuit of employment is permitted and whether it is subject to restrictions"). Herein lies the distinction from the continuation fiction (Fortbestandsfiktion) of § 81 (4) AufenthG: that fiction continues a prior title together with its conditions — such conditions simply do not exist in the first application from inside Germany without a prior title. Whether, in an individual case, work may be done during the ongoing procedure is examined and decided by the competent immigration authority; this article gives no individual-case information.

What does the first application cost?

The fees are set by the Residence Ordinance: the grant of a residence permit costs 100 euros (§ 45 AufenthV), the national visa of category D 75 euros (§ 46 (2) no. 1 AufenthV). Reductions or exemptions exist for certain groups of persons; there may also be additional costs (passport photos, certified translations). The conclusive assessment is made by the competent authority.

Does a child need their own residence title?

In principle yes — a child also needs their own residence title, but the law provides special routes for this. For a child born in the federal territory, a residence permit may be granted ex officio under § 33 sentence 1 AufenthG where one parent holds a residence permit, a settlement permit or an EU long-term residence permit; where, at the time of birth, both parents or the sole parent with parental custody hold such a title, the residence permit is to be granted to the child ex officio (§ 33 sentence 2 AufenthG). For the reunification of a minor unmarried child from abroad, the grant is governed by § 32 AufenthG (child reunification). Whether and which title comes into consideration in an individual case, and whether the requirements are met, is checked by the competent immigration authority.

What is the difference between the first application and renewal?

The first application concerns the initial grant (often with a visa procedure). The renewal continues an existing title; there § 8 (1) AufenthG and the continuation fiction of § 81 (4) AufenthG apply. Details: Renewing your residence permit.

Can I also apply for a residence title from inside Germany?

In certain constellations, yes. Where a person is lawfully present in the federal territory without a residence title and applies for one, their residence is, under § 81 (3) sentence 1 AufenthG, deemed permitted until the decision of the immigration authority (provisional-permission fiction, Erlaubnisfiktion). Whether a title can, in an individual case, be applied for from inside Germany without a prior visa procedure depends on the situation and on nationality and is checked by the competent immigration authority.

What is the accelerated skilled-worker procedure?

For skilled workers, the employer can, on behalf of the foreign national, apply for an accelerated skilled-worker procedure under § 81a AufenthG at the competent immigration authority. It bundles the individual steps (among others recognition of the professional qualification and the visa procedure). Whether it comes into consideration depends on the purpose of stay; the details are set by the competent authority.

What does a rejection of the first application mean?

Where a residence title is refused, the rejection is issued as a written administrative act which must be accompanied by a statement of reasons; it must also include a notice of available remedies (Rechtsbehelfsbelehrung) informing about the available remedy, the competent body and the applicable time limit (§ 77 (1) AufenthG). Against negative decisions of the immigration authority, recourse to the administrative courts (Verwaltungsrechtsweg) is open. Whether a rejection exists in an individual case and what it is based on is examined by the competent authority; the individual legal assessment lies with the authority or with a law firm. This article gives no individual-case information and no recommendation for action.