Section 4 of the German Residence Act outlines the fundamental need for a residence title for foreigners wishing to enter and stay in Germany. This key provision underlines the structured approach Germany adopts for managing foreign nationals’ presence within its borders. Let’s explore the nuances of this section:
Residence Title Necessity: The primary stipulation of Section 4(1) is that foreigners require a residence title to enter and stay in Germany. This is unless there are specific exceptions as per European Union law or other statutory instruments, or rights established by the EEC/Turkey Association Agreement. This makes the residence title a critical document for legal stay in Germany.
Types of Residence Titles: The Act specifies various forms of residence titles, including visas as per section 6, temporary residence permits (section 7), the EU Blue Card (section 18b(2)), ICT Cards (section 19), Mobile ICT Cards (section 19b), permanent settlement permits (section 9), and EU long-term residence permits (section 9a). This diversity accommodates different purposes and durations of stay.
Applicability of Legal Provisions: For the EU Blue Card, the ICT Card, and the Mobile ICT Card, the legal provisions for temporary residence permits apply unless otherwise stated. This indicates a level of consistency in the application of the law across different types of residence titles.
EEC/Turkey Association Agreement Rights: According to Section 4(2), foreigners with rights of residence under the EEC/Turkey Association Agreement must prove their right of residence through a temporary or permanent settlement permit or an EU long-term residence permit. This clause recognizes specific international agreements and their implications on residence laws.
In summary, Section 4 of the German Residence Act is integral to understanding the legal requirements for foreigners to reside in Germany. It provides a clear framework of the types of residence titles available and the conditions under which they are granted. For anyone planning to live, work, or study in Germany, comprehending this section is vital for ensuring compliance with German immigration laws.
