The law stipulates (§ 71 Abs. 2 Residence Law) that the Federal Republic of Germany's embassies and consulates (foreign representations) are responsible for issuing visas. The Federal Foreign Office is not involved in deciding individual visa applications. The Federal Foreign Office does not have any knowledge of the status of individual cases being worked on at the diplomatic missions abroad.

The diplomatic mission that should issue a visa is dependent on the location where the applicant is habitually resident. Diplomatic missions have districts they cover, meaning it is important to look up which diplomatic mission is responsible for the current place of residence in advance.

Long-term (national) visas need to be applied for at the country of destination's foreign representation responsible for the district where the applicant lives. Short-term (Schengen) visas generally also follow this rule.

As a rule, diplomatic missions require between two and ten working days to decide on a request for a short-stay visa. An application for a visa entitling to long-term residence or allowing employment can take several months to submit and be processed.

Longer waiting periods may occur during the main travel periods before an application can be made to the representative abroad. As it takes time to receive a visa, it is important to start the application process in a timely manner in order to accomodate the necessary processing times.

The visa application must generally be submitted by the applicant in person to the diplomatic mission responsible for the applicant's place of residence. The application should be submitted with all the necessary documents. Any documents that are requested at a later date generally will extend the processing time, meaning that applicants should inform themselves well in advance of their applications and departure on the responsible diplomatic mission's website about the visa procedure and the documents that must be submitted for the visa category being applied for.

The exact application process can vary between diplomatic missions, so it is important to look at the processes at the specific diplomatic mission you will be submitting your application to. 

Applicants will receive the visa application form free of charge from the respective mission abroad (as a version including national local language). Application forms must always be submitted as originals and in the language version used by the responsible diplomatic mission. Application forms can also be downloaded free of charge from the responsible diplomatic mission's website.

Since 5 April 2010, Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on visas (Visa Code) constitutes the European Community law directly applicable in all Schengen States for the granting of visas for transit through the Schengen area or for short-term stays in the Schengen area for a maximum of 90 days per 180 days.

The Visa Code standardises visa requirements, the existence of which must be examined by the mission abroad in the context of the visa procedure. The responsible foreign representation decides on the visa issuance in the context of a discretionary decision taking into account all circumstances of the respective individual case.

There is no entitlement to a Schengen visa.

The following visa requirements must successfully be demonstrated to the diplomatic mission by each visa applicant for a visa to be granted:

1. Plausibility and traceability of travel purpose in Germany
2. Financing for living and travel expenses from the applicant's own assets or income
3. Status of the visa holder to leave the Schengen area before the validity of the visa expires
4. Presentation of a travel health insurance valid for the entire Schengen area and for the entire length of stay with a minimum coverage of 30,000 euro.

If proof of an individual's independent financing is not able to be submitted, this can also be proven by submitting a formal declaration of commitment pursuant to §§ 66, 68 of the Residence Act by a third person. These declarations are generally applied for and issued by the foreigners' authority responsible for the district where the person submitting the declaration of commitment application resides.

Persons whose entry into the Schengen area would endanger security or public policy in the Schengen states or who do not fulfill one or more of the above conditions for granting a visa cannot obtain a visa.

In the case of a refusal of a visa application, the applicant will be informed of the reasons for the refusal. Each claimant has the ability to take legal recourse against the decision made by the diplomatic mission if they so desire.

For stays of more than three months or stays leading to gainful employment, foreigners are generally required to apply for a visa in advance of their stay. This does not apply to EU citizens, EEA nationals or Swiss nationals.

Citizens of Australia, Israel, Japan, Canada, New Zealand, South Korea, the United States of America and the United Kingdom may also obtain a residence permit after entry. All other nationals must apply for a long-stay visas before entering the country. As applications generally need to be checked with various authorities before being approved, the procedure can take up to three months and, depending on the specific case, sometimes even longer. The diplomatic mission may not issue the requested visa until all necessary permissions have been obtained.

Visas that entitle to gainful employment sometimes do not require certain forms of pre-approval, meaning a decision in certain cases may be made earlier.

Local immigration authorities, which are generally consulted as part of the application process, are responsible for immigration law measures and decisions under the residence law for foreigners already resident in Germany. Immigration authorities are not subordinate agencies of the Foreign Office. The Foreign Office cannot influence the decisions of immigration authorities. The local immigration authorities are instead supervised and regulated by the interior ministries and senates of state governments.

Due to Regulation 265/2010, it is possible to move freely in the Schengen area for up to three months with a national visa ("D visa") and a valid travel document within a six month period.

The laws in the German Residence Law (Aufenthaltsgesetz) pertinent to researchers in Germany are, in most cases, based either on the REST Directive or were last restructured based on the Skilled Immigration Act. 

REST Directive

On 1 August 2017, the EU Directive on students and researchers (REST Directive, Directive (EU) 2016/801) was implemented into German law. Among other things, the law regulates the residence of internationally mobile researchers from third countries in Germany.

The guidelines regarding the implementation of the REST Directive into German law are provided by the German Federal Ministry of the Interior (in German).

The Federal Office for Migration and Refugees (BAMF), which acts as the National Contact Point for REST Directive queries, has set up a central e-mail address for questions: rest@bamf.bund.de

Skilled Immigration Act

On 1 March 2020, the new Skilled Immigration Act came into force and was updated in 2023 and 2024. This act has kept many regulations regarding researchers in place, but relaxed the rules in certain cases. 

Persons who fall under the definition of the researcher (see: Directive (EU) 2016/801 Article 3, No.2) may apply for a residence permit according to § 18d. The residence permit according to § 18d is granted in principle for at least one year, in case of participation in a mobility programme for at least two years.

After completion of the research activity, the residence permit is extended by up to 18 months for job search (§ 20 (3) Residence Act).

If the research activity is part of a doctoral programme, § 16b and not § 18d applies. If the doctoral researcher conducts his research as part of a doctoral programme of higher education, the reason for this exclusion is provided under § 19f paragraph 3 No. 2. Doctoral candidates fall within the scope of § 18d only in cases in which the research is not carried out exclusively for the purpose of writing a dissertation. This would be the case, for example, when the dissertation is written while the researcher is employed with an employment contract.

In cases where both paragraphs are a possibility for a researcher, the researcher will generally be given the opportunity to choose between both paragraphs. 

This residence permit is addressed to qualified foreign professionals. The prerequisites for the issuing of the Blue Card EU is a university degree and an employment relationship with a gross annual salary of 45,300 euro or 41,041.80 euro (as of January 2024) for highly skilled workers in certain shortage occupations (including natural scientists, mathematicians, engineers, computer scientists and doctors). After 27 months, Blue Card EU holders can obtain a permanent settlement permit if the employment relationship continues.and the applicant has basic knowledge of the German language. If proof of German language skills at level B1 can be provided, the permanent settlement permit can be issued after 21 months.

Applicants may have the possibility of deciding between a residence permit as a researcher § 18d or a Blue Card EU. The conditions and benefits of each differ slightly and it is important to understand these when making a decision. The Blue Card EU offers, for example, the faster possibility of obtaining a permanent settlement permit and easier transitions between qualified jobs while advantages of a residence permit according to § 18d include the possibility of obtaining a residence permit for job search purposes after the completion of the research project the residence permit was applied for (Cf.: 2.0.2.1.3 of the guidelines on the implementation of the REST Directive into German law provided by the German Federal Ministry of the Interior (in German).

Further information on the Blue Card EU is available from the BAMF.

The regulation of immigration of "highly qualified foreigners" has not changed with the Skilled Immigration Act. "Highly qualified" are "scientists with special expertise, academic and scientific staff in a prominent position". They are allowed to immigrate if they have a job offer and can immediately get a permanent residence permit according to § 18c paragraph 3. This automatically entitles them to take up gainful employment. Spouses can usually receive a residence permit as well.