Residence Act (Aufenthaltsgesetz, AufenthG)

In the version published on 30 July 2004 (Federal Law Gazette I, p. 1950), last amended by the Act on Implementation of Residence- and Asylum-Related Directives of the European Union of 19 August 2007 (Federal Law Gazette I, p. 1970), taking into account the amendments required by the Act Amending the Passport Act and Other Legislation of 20 July 2007 (Federal Law Gazette I, p. 1566), which affect sections 48, 49, 71, 89, 95.

Table of contents

Chapter 1 General provisions

� 1 Purpose of the Act; scope

� 2 Definitions

Chapter 2 Entry into and residence in the Federal territory

Part 1 General

� 3 Passport obligation

� 4 Requirement for a residence title

� 5 General preconditions for the granting of a residence title

� 6 Visa

� 7 Residence permit

� 8 Extension of the residence permit

� 9 Settlement permit

� 9a EC long-term residence permit

� 9b Crediting of residence periods

� 9c Subsistence

� 10 Mutual effects of residence titles and applications for asylum

� 11 Ban on entry and residence

� 12 Area of application, subsidiary provisions

Part 2 Entry

� 13 Border crossing

� 14 Unlawful entry; exceptional visa

� 15 Refusal of entry

� 15a Allocation to the L�nder of foreigners who have entered the Federal territory unlawfully

Part 3 Residence for educational purposes

� 16 Further education; language courses; school education

� 17 Other educational purposes

Part 4 Residence for the purpose of economic activity

� 18 Employment

� 19 Settlement permit for highly qualified foreigners

� 20 Research

� 21 Self-employment

Part 5 Residence under international law or on humanitarian or political grounds

� 22 Admission from abroad

� 23 Granting of residence by the supreme Land authorities; admission when special political interests apply

� 23 a Granting of residence in cases of hardship

� 24 Granting of residence for temporary protection

� 25 Residence on humanitarian grounds

� 26 Duration of residence

Part 6 Residence for family reasons

� 27 Principles pertaining to the subsequent immigration of dependents

� 28 Subsequent immigration of dependents to join a German national

� 29 Subsequent immigration of dependents to join a foreigner

� 30 Subsequent immigration of spouses

� 31 Independent right of residence of spouses

� 32 Subsequent immigration of children

� 33 Birth of a child in the Federal territory

� 34 Children�s right of residence

� 35 Children's independent, unlimited right of residence

� 36 Subsequent immigration of parents and other dependents

Part 7 Special rights of residence

� 37 Right of return

� 38 Residence title for former Germans

� 38a Residence permit for persons who possess the status of long-term residents in other Member States of the European Union

Part 8 Notifications by the Federal Employment Agency

� 39 Approval of employment for a foreigner

� 40 Grounds for refusal

� 41 Revocation of approval

� 42 Authorisation to issue regulations and instructions

Chapter 3 Integration

� 43 Integration course

� 44 Entitlement to attend an integration course

� 44a Obligation to attend an integration course

� 45 Integration programme

Chapter 4 Administrative provisions

� 46 Administrative orders

� 47 Prohibition and restriction of political activities

� 48 Obligations relating to identification papers

� 49 Verification, establishment and documentation of identity

� 49a Database for found documents

� 49b Contents of the database for found documents

Chapter 5 Termination of residence

Part 1 Grounds establishing the obligation to leave the Federal territory

� 50 Requirement to leave the Federal territory

� 51 Termination of the lawfulness of residence; continued validity of restrictions

� 52 Revocation

� 53 Mandatory expulsion

� 54 Regular expulsion

� 54a Surveillance of expelled foreigners for reasons of internal security

� 55 Discretionary expulsion

� 56 Special protection from expulsion

Part 2 Enforcement of the obligation to leave the Federal territory

� 57 Removal

� 58 Deportation

� 58a Deportation order

� 59 Deportation warning

� 60 Prohibition of deportation

� 60a Temporary suspension of deportation

� 61 Geographic restrictions; departure facilities

� 62 Custody awaiting deportation

Chapter 6 Liability and fees

� 63 Obligations of transport contractors � 64 Return transportation obligation on the part of transport contractors � 65 Obligations of airport operators � 66 Parties liable for costs; furnishing of security � 67 Scope of liability for costs � 68 Liability for living expenses � 69 Charges � 70 Limitation of actions in respect of claims Chapter 7 Procedural provisions Part 1 Areas of competence � 71 Competence � 71a Jurisdiction and notification � 72 Requirements for the involvement of authorities � 73 Other requirements for the involvement of authorities in visa procedures and in the issuance of residence titles � 74 Involvement of the Federal government; authority to issue instructions Part 1a Transit � 74a Transit of foreigners Part 2 Federal Office for Migration and Refugees � 75 Duties � 76 (revoked) Part 3 Administrative procedures � 77 Written form; exemption from formal requirements � 78 Forms for residence titles, identification card substitute and certificates � 79 Decision on residence � 80 Legal capacity of minors � 81 Application for the residence title � 82 Cooperation by the foreigner � 83 Restriction of right of appeal � 84 Effects of an objection and a legal action � 85 Calculation of residence periods Part 4 Data protection � 86 Collection of personal data � 87 Transfer to foreigners authorities � 88 Transfer in case of special statutory regulations on the use of data � 89 Procedure applying to measures to investigate, establish and document a foreigner�s identity � 89a Procedural provisions for the database for found documents � 90 Transfer by foreigners authorities � 90a Notifications by the foreigners authorities to the registration authorities � 90b Data matching between foreigners authorities and registration authorities � 91 Storage and erasure of personal data � 91a Temporary protection register � 91b Transfer of data by the Federal Office for Migration and Refugees as the National Contact Point � 91c Intra-Community information in implementation of directive 2003/109/EC � 91d Intra-Community information in implementation of directive 2004/114/EC � 91e Common provisions for the register for the purposes of temporary protection and intra-Community data transfer Chapter 8 Commissioner for Migration, Refugees and Integration � 92 Office of the Commissioner � 93 Duties � 94 Scope of authority Chapter 9 Provisions as to punishments for criminal offences and fines � 95 Penal provisions � 96 Smuggling of foreigners into the Federal territory � 97 Smuggling of foreigners into the Federal territory resulting in death; smuggling for gain and as organised bands � 98 Provisions as to fines Chapter 10 Authorisation to issue statutory instruments; transitional and final provisions � 99 Authorisation to issue statutory instruments � 100 Linguistic adaptation � 101 Continued validity of previous rights of residence � 102 Continued validity of other measures under the law relating to foreigners and consideration of prior periods � 103 Application of previous law � 104 Transitional provisions � 104a Regulations governing old cases � 104b Right of residence for integrated children of foreigners whose deportation has been suspended � 105 Continued validity of work authorisations � 105a Provisions as to the administrative procedure � 106 Curtailment of fundamental rights � 107 City-state clause

Chapter 1 General provisions

Section 1 Purpose of the Act; scope

(1) This Act serves to control and restrict the influx of foreigners into the Federal Republic of Germany. It enables and organises immigration with due regard to the capacities for admission and integration and the interests of the Federal Republic of Germany in terms of its economy and labour market. At the same time, the Act also serves to fulfil the Federal Republic of Germany's humanitarian obligations. To this end, it regulates the entry, stay and economic activity of foreigners and the integration of foreigners. The provisions contained in other acts shall remain unaffected.

(2) This Act shall not apply to foreigners

1. whose legal status is regulated by the Act on the General Freedom of movement for EU Citizens, in the absence of any legal provisions to the contrary,

2. who are not subject to German jurisdiction according to the provisions of Sections 18 to 20 of the Judicature Act,

3. who, by virtue of treaties on diplomatic and consular intercourse and on the activities of international organisations and institutions, are exempt from immigration restrictions, from the obligation to notify the foreigners authority of their stay and from the requirement for a residence title, and when reciprocity applies, insofar as this may constitute a prerequisite for such exemptions.

Section 2 Definitions

(1) A foreigner is anyone who is not German within the meaning of Article 116 (1) of the Basic Law.

(2) Economic activity is self-employment and employment within the meaning of Section 7 of Book Four of the Social Code.

(3) A foreigner's livelihood is secure when he or she is able to earn their living, including adequate health insurance coverage, without recourse to public funds. For the purposes of this definition, such funds do not include child benefits, children�s allowances, child-raising benefits, parental allowances, and public funds based on own contributions or granted in order to enable residence in Germany. A foreigner who is insured under a statutory health insurance scheme shall be deemed to possess adequate health insurance coverage. Contributions to household income by family members shall be taken into account when issuing or renewing residence permits allowing the subsequent immigration of dependents. For the purposes of issuance of a residence permit pursuant to Section 16, a foreigner�s livelihood shall be deemed to be secure where he or she disposes of monthly funds to the amount of the monthly requirement as determined pursuant to Sections 13 and 13a (1) of the Federal Education Assistance Act. For the purposes of issuance of a residence permit pursuant to Section 20, an amount corresponding to two thirds of the reference figure defined in accordance with Section 18 of Book Four of the Social Code shall be deemed adequate to cover the cost of living. The Federal Ministry of the Interior shall announce the minimum amounts pursuant to sentences 5 and 6 in the Federal Gazette annually by 31 December for the following year.

(4) The space which is required to accommodate a person in need of accommodation in state-subsidised welfare housing shall constitute sufficient living space. Living space which does not comply with the statutory provisions for Germans with regard to condition and occupancy is not adequate for foreigners, either. Children up to the age of two are not included in calculation of the sufficient living space for the accommodation of families.

(5) A Schengen visa constitutes the standard visa in accordance with the provisions incorporated into Community law as the Schengen Acquis (official EC Journal no. L 239, p. 1) and the subsequently promulgated acts of law.

(6) Temporary protection within the meaning of this Act is the granting of residence in application of Council directive 2001/55/EC of 20 July 2001 on minimum standards for the granting of temporary protection in the case of the mass influx of displaced foreigners and on measures to promote the balanced distribution of the burdens associated with the admission of these persons and the consequences of such admission among the member states (official EC Journal no. L 212, p. 12).

(7) A foreigner to whom the legal status of long-term resident has been granted in a Member State of the European Union pursuant to Article 2, letter b of Council Directive 2003/109/EC of 25 November 2003 concerning the legal status of third-country nationals who are long-term residents (Official EU Journal 2004 no. L 16, p. 44) and not subsequently revoked shall be deemed to be a long-term resident.

Chapter 2 Entry into and residence in the Federal territory

Part 1 General

Section 3 Passport obligation

(1) Foreigners may only enter or stay in the Federal territory if they are in possession of a recognised and valid passport or passport substitute, unless they are exempt from the passport obligation by virtue of a statutory instrument. For the purpose of residence in the Federal territory, possession of a substitute identity document shall also suffice in order to meet the passport obligation (Section 48 (2)).

(2) In justified isolated cases, the Federal Ministry of the Interior or a body designated by the Federal Ministry of the Interior may permit exemptions from the passport obligation prior to the foreigner entering the Federal territory for the purposes of crossing the border, and for a subsequent stay of up to six months.

Section 4 Requirement for a residence title

(1) In order to enter and stay in the Federal territory, foreigners shall require a residence title, in the absence of any provisions to the contrary in the law of the European Union or a statutory instrument and except where a right of residence exists as a result of the agreement to establish an association between the European Economic Community and Turkey (Federal Law Gazette 1964 II, p. 509) (EEC/Turkey Association Agreement). The residence titles are granted in the form of

1. a visa (Section 6),

2. a residence permit (Section 7),

3. a settlement permit (Section 9) or

4. an EC long-term residence permit (Section 9a).

(2) A residence title shall entitle the holder to pursue an economic activity insofar as this is laid down in this Act or the permanent residence title expressly permits pursuit of an economic activity. Every residence title must indicate whether the pursuit of an economic activity is permitted. A foreigner who is not in possession of a residence permit for the purpose of employment can only be permitted to take up employment if the Federal Employment Agency has granted its approval or a statutory instrument stipulates that taking up the employment concerned is permissible without the approval of the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence title.

(3) Foreigners may only take up employment if the residence title so allows. Foreigners may only be employed or commissioned to perform other paid work or services if they possess such a residence title. This restriction shall not apply if the foreigner is permitted by virtue of an inter-governmental agreement, a law or a statutory instrument to pursue an economic activity without requiring due authorisation via a residence title. Anyone employing a foreigner or commissioning a foreigner on a sustained basis to perform paid work or services for gain in the Federal territory must ascertain whether the conditions pursuant to sentence 2 or sentence 3 apply.

(4) A residence permit shall also be required by foreigners who are employed as crew members of an ocean-going vessel which is entitled to fly the German flag.

(5) A foreigner who possesses a right of residence in accordance with the EEC/Turkey Association Agreement is obliged to furnish evidence of the existence of said right of residence through the possession of a residence permit, unless he or she is in possession of a settlement permit or an EC long-term residence permit. Said residence permit shall be issued on application.

Section 5 General preconditions for the granting of a residence title

(1) The granting of a residence permit shall generally presuppose

1. that the foreigner�s livelihood is secure,

1a. that the foreigner's identity is established, and also their nationality, if they are not entitled to return to another state,

2. that no grounds for expulsion apply,

3. insofar as the foreigner has no entitlement to a residence title, that the foreigner�s residence does not compromise or jeopardize the interests of the Federal Republic of Germany for any other reason and

4. that the passport obligation pursuant to Section 3 is met.

(2) The granting of a residence permit, a settlement permit or an EC long-term residence permit further presupposes that the foreigner

1. has entered the country with the necessary visa and

2. has already furnished the key information required for granting of the title in his or her visa application.

These requirements may be waived if the prerequisites qualifying a foreigner for the granting of a residence title are met or if special circumstances relating to the individual case concerned render a subsequent visa application procedure unreasonable.

(3) Application of sub-sections 1 and 2 shall be waived in the cases of issuance of a residence title pursuant to Sections 24, 25 (1) to (3) and Section 26 (3); application of sub-section 1, nos. 1 to 2 and 2 and sub-section 2 shall be waived in case of Section 25 (4a). Application of sub-sections 1 and 2 may be waived in the other cases of issuance of a residence title pursuant to Chapter 2, Part 5. Where application of sub-section 1, no. 2 is waived, the foreigners authority may point out that expulsion is possible on certain grounds forming the subject of criminal or other proceedings which are still in progress, whereby such grounds are to be specified individually.

(4) A residence title shall be refused if one of the grounds for expulsion pursuant to Section 54, nos. 5 or 5a applies. Exemptions from sentence 1 may be approved in justified individual cases, if the foreigner divulges said activities or allegiances to the competent authorities and credibly distances himself or herself from his or her actions posing a threat to security. In justified individual cases, the Federal Ministry of the Interior or a body designated by the Federal Ministry of the Interior may permit exemptions from sentence 1 prior to the foreigner entering the country for the purposes of crossing the border, and for a subsequent stay of up to six months.

Section 6 Visa

(1) A foreigner may be issued

1. a Schengen visa for transit purposes or

2. a Schengen visa for stays of up to three months within a period of six months from the date of initial entry (short-term stays)

if the requirements for issuance as stipulated in the Convention Implementing the Schengen Agreement and the appurtenant implementing regulations are fulfilled. In exceptional cases, the Schengen visa may be issued when the requirements for issuance as stipulated in the Convention Implementing the Schengen Agreement are not fulfilled, for reasons of international law or on humanitarian grounds or to safeguard the interests of the Federal Republic of Germany. In such cases, the geographic validity shall be restricted to the territory of the Federal Republic of Germany.

(2) The visa for short-term stays may also be issued for several stays with a validity period of up to five years, subject to the proviso that the respective stays must not exceed three months within a period of six months beginning on the date of initial entry.

(3) In special cases, a Schengen visa issued in accordance with sub-section 1, sentence 1 may be extended up to a total stay of three months within a period of six months beginning on the date of initial entry. This provision shall also apply if the visa has been issued by a diplomatic representation abroad of another state applying the Schengen agreement. A further extension of the visa by three months within the six-month period concerned shall only be possible subject to the requirements of sub-section 1, sentence 2.

(4) A visa for the Federal territory (national visa) shall be required for stays of longer duration, whereby this visa shall be issued prior to the foreigner entering the Federal territory. Issuance shall be based on the regulations applying to the residence permit, the settlement permit and the EC long-term residence permit. The duration of lawful stay with a national visa shall be offset against the periods of possession of a residence permit, settlement permit or EC long-term residence permit.

Section 7 Residence permit

(1) The residence permit is a temporary residence title. It is issued for the purposes of residence stated in the following Parts of this Act. In justified cases, a residence permit may also be issued for a purpose of residence which is not covered by this Act.

(2) The residence permit shall be subject to a time limit which takes due account of the intended purpose of residence. Shoulda vital prerequisite for issuance, extension or the duration of validity cease to apply, subsequent shortening of the validity period shall also be possible.

Section 8 Extension of the residence permit

(1) Extension of the residence permit shall be subject to the same regulations as apply to issuance.

(2) As a general rule, the residence permit shall not be extendable if the competent authority has excluded an extension in the case of a stay which is of only a temporary nature in accordance with the purpose of residence or at the time of the last extension of the residence permit.

(3) If a foreigner breaches his or her obligation to duly attend an integration course pursuant to Section 44a (1), sentence 1, this shall be taken into account in the decision on extension of the residence permit. Where no entitlement to issuance of the residence permit exists, in case of repeated and gross breach of the obligations pursuant to sentence 1 extension of the residencepermit shall be refused. Where an entitlement to extension of the residence permit applies only pursuant to this Act, extension may be refused unless the foreigner furnishes evidence that he or she has achieved integration into the community and society by other means. In reaching a decision on this matter, due consideration shall be given to the duration of lawful stay, the foreigner�s legitimate ties to the Federal territory and consequences of the termination of residence for dependents of the foreigner who are lawfully resident in the Federal territory.

(4) Sub-section 3 shall not be applicable to the extension of a residence permit issued pursuant to Section 25 (1), (2), (3) or (4a).

�Section 9 Settlement permit

(1) The settlement permit is a permanent residence title. It entitles the holder to pursue an economic activity and may only be supplemented with a subsidiary provision in those cases which are expressly permitted by this Act. Section 47 remains unaffected.

(2) A foreigner shall be granted the settlement permit provided that

1. he or she has held a residence permit for five years,

2. his or her livelihood is secure,

3. he or she has paid compulsory or voluntary contributions into the statutory pension scheme for at least 60 months or furnishes evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company; time off for the purposes of child care or nursing at home shall be duly taken into account,

4. the granting of such a residence permit is not precluded by reasons of public safety or order, according due consideration to the severity or the nature of the breach of public safety or order or the danger emanating from the foreigner, with due regard to the duration of the foreigner�s stay to date and the existence of ties in the Federal territory,

5. he or she is permitted to be in employment, insofar as he or she is in employment,

6. he or she is in possession of the other permits which are required for the purpose of the permanent pursuit of his or her economic activity,

7. he or she has an adequate knowledge of the German language,

8. he or she possesses a basic knowledge of the legal and social system and the way of life in the Federal territory and

9. he or she possesses sufficient living space for himself or herself and the members of his or her family forming part of his or her household.

The requirements of sentence 1, nos. 7 and 8 shall be deemed to be fulfilled if an integration course has been successfully completed. These requirements shall be waived if the foreigner is unable to fulfil them on account of a physical, mental or psychological illness or handicap. The requirements of sentence 1, nos. 7 and 8 may also be waived in order to avoid hardship. The aforesaid requirements shall further be waived if the foreigner is able to communicate verbally in the German language at a basic level and has not been entitled to participate in an integration course pursuant to Section 44 (3), no. 2 or has not been obliged to participate in an integration course pursuant to Section 44a (2), no. 3. The requirements of sentence 1, nos. 2 and 3 shall also be waived if the foreigner is unable to fulfil them due to the grounds stated in sentence 3.

(3) In the case of cohabiting spouses, it shall suffice if the requirements in accordance with sub-section 2, sentence 1, nos. 3, 5 and 6 are fulfilled by one spouse. The requirement in accordance with sub-section 2, sentence 1, no. 3 shall be waived, if the foreigner is undergoing education or training which leads to a recognised academic or vocational qualification. Sentence 1 shall apply mutatis mutandis in the cases covered by Section 26 (4).

(4) In the case of convicted foreigners, the period specified in sub-section 2, sentence 1, no. 4 shall begin on release from imprisonment. The following periods shall be taken into account with regard to the periods of possession of a residence permit which are necessary in order to qualify for issuance of a settlement permit:

1. The duration of former possession of a residence permit or settlement permit, if the foreigner was in possession of a settlement permit at the time of leaving the Federal territory, minus the duration of intermediate stays outside of the Federal territory which led to expiry of the settlement permit; a maximum of four years shall be taken into account.

2. A maximum of six months for each stay outside of the Federal territory which has not led to expiry of the residence permit.

3. Half of the period of lawful stay for the purposes of study or vocational training in the Federal territory.

Section 9a EC long-term residence permit

(1) The EC long-term residence permit is a permanent residence title. Section 9 (1), sentences 2 and 3 shall apply accordingly. In the absence of any provisions to the contrary in this Act, the EC long-term residence permit is equivalent to the settlement permit.

(2) A foreigner shall be issued with an EC long-term residence permit pursuant to Article 2, letter b of directive 2003/109/EC provided that

1. he or she has been resident in the Federal territory with a residence title for five years,

2. his or her subsistence and the subsistence of his or her dependents who he or she is required to support is ensured by a fixed and regular income,

3. he or she has an adequate knowledge of the German language,

4. he or she possesses a basic knowledge of the legal and social system and the way of life in the Federal territory,

5. the granting of such a residence permit is not precluded by reasons of public safety or order, according due consideration to the severity or the nature of the breach of public safety or order or the danger emanating from the foreigner, with due regard to the duration of the foreigner�s stay to date and the existence of ties in the Federal territory and

6. he or she possesses sufficient living space for himself or herself and the members of his or her family forming part of his or her household. Section 9 (2), sentence 2 to 5 shall apply mutatis mutandis to sentence 1, nos. 3 and 4.

(3) Sub-section 2 shall not be applicable if the foreigner

1. possesses a residence title pursuant to Part 5 which has not been issued on the basis of Section 23 (2) or holds a comparable legal status in another Member State of the European Union,

2. has filed an application in a Member State of the European Union for the granting of refugee status or of subsidiary protection in accordance with Council directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise require international protection and the content of the protection granted (Official EU Journal no. L 304, p.12) or has applied for temporary protection pursuant to Section 24 and a decision is pending on his or her application,

3. possesses a legal status in another Member State of the European Union which corresponds to that described in Section 1 (2), no. 2,

4. is resident in the Federal territory with a residence permit pursuant to Section 16 or Section 17

5. or for another purpose of an inherently temporary nature, in particular

a) by virtue of a residence permit pursuant to Section 18, where the time limit on the approval granted by the Federal Employment Agency is based on a maximum term of employment imposed pursuant to Section 42 (1),

b) if an extension to his or her residence permit has been excluded pursuant to Section 8 (2) or

c) if his or her residence permit serves to enable the foreigner to live together or to continue to live together as a family with a foreigner who himself/herself is only resident in the Federal territory for a purpose of an inherently temporary nature, where no independent right of residence would arise upon the family unity ending.

Section 9b Crediting of residence periods

The following periods shall be credited towards the necessary periods pursuant to Section 9a (2), sentence 1, no. 1:

1. Periods of residence outside of the Federal territory during which the foreigner possessed a residence title and

a) was resident abroad on account of having been sent to a foreign country in connection with his or her work, provided that such individual periods have not exceeded six months or a longer period stipulated by the foreigners authority pursuant to Section 51 (1), no. 7, or

b) the total periods do not exceed six consecutive months or, within the period stated in Section 9a (2), sentence 1, no. 1, a total of ten months,

2. previous periods of residence in the Federal territory with a residence permit, settlement permit or EC long-term residence permit, where the foreigner was in possession of a settlement permit or an EC long-term residence permit at the time of leaving the Federal territory and the settlement permit or the EC long-term residence permit has expired solely on account of residence outside of Member States of the European Union or due to acquisition of the legal status of a long-term residence in another Member State of the European Union, up to a maximum of four years,

3. periods in which the foreigner was entitled to freedom of movement,

4. half of any periods of lawful stay for the purposes of study or vocational training in the Federal territory.

Periods of residence pursuant to Section 9a (3), no. 5 and periods of residence in which the foreigner also met the conditions of Section 9a (3), no. 3 shall not be credited. Periods of residence outside of the Federal territory which are not credited pursuant to sentence 1 shall not interrupt the period of residence pursuant to Section 9a (2), sentence 1, no. 1 where the residence outside of the Federal territory has not resulted in expiry of the residence title; such times shall not be considered when determining the total duration of residence pursuant to Section 9a (2), sentence 1, no. 1. In all other cases, exit from the Federal territory shall interrupt the period of residence pursuant to Section 9a (2), sentence 1, no. 1.

Section 9c Subsistence

Fixed and regular income within the meaning of Section 9a (2), no. 2 generally applies where

1. the foreigner has met his or her tax obligations,

2. the foreigner or his or her cohabiting spouse has paid contributions or made adequate provision for an old-age pension in Germany or abroad, provided that he or she has not been prevented from doing so by a physical, mental or psychological illness or disability,

3. the foreigner and his or her dependents living with him or her as a family unit are safeguarded from the risk of illness and the need for nursing care by statutory health insurance or an essentially equivalent form of insurance coverage which applies for an indefinite period or is extended automatically and

4. the foreigner who obtains his or her regular income from an economic activity is entitled to perform the economic activity concerned and also possesses the other permits required to this end.

(4) In the case of cohabiting spouses, it shall suffice if the requirements in accordance with sentence 1, no. 4 are fulfilled by one spouse. With regard to the contributions or provisions which are necessary pursuant to sentence 1, no. 2, no higher contributions or provisions shall be required than are provided for in Section 9 (2), sentence 1, no. 3.

Section 10 Mutual effects of residence titles and applications for asylum

(1) In the absence of a legal entitlement, a foreigner who has filed an application for asylum may only be granted a residence title prior to legally valid completion of the asylum procedure with the approval of the supreme Land authority, and only when vital interests of the Federal Republic of Germany so require.

(2) A residence title issued or extended by the foreigners authority after the foreigner has entered the Federal territory can be extended in accordance with the provisions of this Act, irrespective of whether the foreigner has filed an application for asylum.

(3) A foreigner whose asylum application has been incontestably rejected or who has withdrawn his or her asylum application may only be granted a residence title prior to leaving the Federal territory in accordance with the provisions of Part 5. If the asylum application has been rejected in accordance with Section 30 (3) of the Asylum Procedure Act, no residence title may be issued prior to the foreigner leaving the Federal territory. Sentences 1 and 2 shall not apply in cases of entitlement to issuance of a residence title; sentence 2 shall further not apply where the foreigner meets the requirements for issuance of a residence permit pursuant to Section 25 (3).

Section 11 Ban on entry and residence

(1) A foreigner who has been expelled, removed or deported shall not be permitted to re-enter or stay in the Federal territory. He or she shall not be granted a residence title, even if the requirements entitling him or her to a title in accordance with this Act are fulfilled. Time limits shall generally be applied to the effects stated in sentences 1 and 2 on application. The time limit begins upon the person concerned leaving the Federal territory. No time limit shall be applied if a foreigner has been deported from the Federal territory on account of a crime against peace, a war crime or a crime against humanity, or on the basis of a deportation order pursuant to Section 58a. The supreme Land authority may permit exemptions from sentence 5 in individual cases.

(2) By way of exception, the foreigner may, except in cases covered by sub-section 1, sentence 5, be granted temporary entrance into the Federal territory for a short period prior to expiry of the exclusion period stipulated in accordance with sub-section 1, sentence 3, if his or her presence is required for compelling reasons or if the refusal of permission would constitute undue hardship. Sub-section 1, sentence 6 shall apply mutatis mutandis in cases pursuant to sub-section 1, sentence 5.

Section 12 Area of application; subsidiary provisions

(1) The residence title is issued for the Federal territory. Its validity in accordance with the provisions of the Convention Implementing the Schengen Agreement for residence in the territories of the parties signatory shall remain unaffected.

(2) The visa and the residence permit may be issued and extended subject to conditions. Conditions, in particular geographic restrictions, may also be imposed subsequently on visa and residence permits.

(3) A foreigner is to leave forthwith any part of the Federal territory which he or she may enter in breach of a geographic restriction without the permission of the foreigners authority.

(4) The stay of a foreigner who does not require a residence title may be made subject to time limits, geographic restrictions, conditions and requirements.

(5) The foreigners authority may permit the foreigner to leave the residence area which is restricted on the basis of this Act. This permission shall be granted if an urgent public interest applies, if it is necessary for compelling reasons or if refusing permission would constitute undue hardship. The foreigner may attend appointments with authorities or court hearings at which his or her personal appearance is necessary without permission.

Part 2 Entry

Section 13 Border crossing

(1) Entry into and exit from the Federal territory is permissible only at the approved border crossing points and within the stipulated traffic hours, in the absence of any exceptions which may be permissible on the basis of other statutory provisions or inter-governmental agreements. Foreigners shall be obliged to carry a recognised and valid passport or passport substitute in accordance with Section 3 (1) when entering or leaving the Federal territory and to submit to the police control of cross-border traffic.

(2) A foreigner shall be deemed to have entered the Federal territory only after having crossed the border and passed through the border check-point. Should the authorities charged with carrying out the police control of cross-border traffic allow a foreigner to pass through the border check-point for a specific temporary purpose prior to a decision on the refusal of entry (Section 15 of this Act, Sections 18, 18a of the Asylum Procedure Act) or during preparation, safeguarding and implementation of this measure, this shall not constitute entry pursuant to sentence 1 as long as the said authorities remain able to monitor the foreigner's stay. The foreigner shall otherwise be deemed to have entered the Federal territory on crossing the border.

Section 14 Unlawful entry; exceptional visa

(1) The entry of a foreigner into the Federal territory shall be unlawful if he or she

1. does not possess a required passport or passport substitute in accordance with Section 3 (1),

2. does not possess the residence title required in accordance with Section 4 or

3. is not permitted to enter the Federal territory in accordance with Section 11 (1), unless he or she possesses a temporary entry permit in accordance with Section 11 (2). 2.

(2) The authorities charged with carrying out the police control of cross-border traffic may issue exceptional visa and passport substitute documents.

Section 15 Refusal of entry

(1) A foreigner wishing to enter the Federal territory unlawfully shall be refused entry at the border.

(2) A foreigner may be refused entry at the border if

1. a reason for expulsion exists,

2. there is a well-founded suspicion that the foreigner does not intend to stay in the country for the stated purpose,

2a. he or she only possesses a Schengen visa or is exempted from the visa requirement for a short-term stay and intends to pursue an economic activity counter to Section 4 (3), sentence 1 or

3. he or she does not fulfil the conditions for entry into the territory of the parties signatory in accordance with Article 5 of the Schengen Borders Code.

(3) A foreigner who is exempted from the requirement for a residence title for the purpose of a temporary stay in the Federal territory may be refused entry if he or she does not fulfil the requirements of Section 3 (1) and Section 5 (1).

(4) Section 60 (1) to (3), (5) and (7) to (9) shall apply mutatis mutandis. A foreigner who has filed an application for asylum may not be refused entry if he or she is permitted to stay in the Federal territory in accordance with the provisions of the Asylum Procedure Act.

(5) In order to ensure that a foreigner who has been refused entry does not enter the Federal territory, the foreigner concerned may be taken into custody (detention pending exit from the Federal territory) by virtue of a judicial order where a ruling to refuse entry has been issued and cannot be enforced immediately. Section 62 (3) shall otherwise apply mutatis mutandis. Sub-section 1 shall not apply in cases in which the judge declines to issue a corresponding judicial order or to extend the period of detention.

(6) Where the foreigner has reached the Federal territory by air and has not effected entry pursuant to Section 13 (2) but has been refused entry, he or she shall be taken to the transit area of an airport or to a place of accommodation from which his or her exit from the Federal territory is possible if detention pending exit from the Federal territory is not applied for. The foreigner�s stay in the transit area of an airport or in accommodation pursuant to sentence 1 shall require a judicial order no later than 30 days after arrival at the airport or, should the time of arrival not be ascertainable, after the competent authorities obtain knowledge of the foreigner�s arrival. The judicial order shall be issued to ensure the foreigner�s due exit from the Federal territory. It shall be admissible only where exit is to be expected within the term of the order. Sub-section 5 shall apply mutatis mutandis.

Section 15a Allocation to the L�nder of foreigners who have entered the Federal territory unlawfully

(1) Foreigners who enter the country illegally without applying for asylum and who, upon their illegal entry being established, cannot be placed in custody pending deportation and deported or expelled directly from custody are to be allocated to the respective L�nder prior to the decision on the suspension of deportation or issuance of a residence title. They are not entitled to be allocated to a specific Land or a specific town or location. Allocation to the L�nder shall be carried out by a central allocation agency to be appointed by the Federal Ministry of the Interior. In the absence of any divergent allocation basis agreed between the L�nder, the allocation basis stipulated for the allocation of asylum seekers shall apply. Each Land shall appoint up to seven authorities to initiate allocation by the agency appointed in accordance with sentence 3 and to admit the allocated foreigners. If the foreigner furnishes evidence prior to allocation that a household community exists between spouses or parents and their minor children or that other compelling reasons exist which conflict with allocation to a certain place, this shall receive due consideration in the allocation process.

(2) The foreigners authorities may oblige foreigners to present themselves to the authority initiating allocation. This shall not apply when due consideration is to be accorded to submissions in accordance with sub-section 1, sentence 6. An obligation imposed in accordance with sentence 1 shall not be contestable. Any legal actions shall have no suspensory effect.

(3) The central allocation agency informs the authority which has initiated allocation as to the reception centre which is obliged to admit the foreigners concerned pursuant to sentences 2 and 3. Procedure Act and the available accommodation capacities shall be obliged to admit the foreigners concerned. Section 46 (4) and (5) of the Asylum Procedure Act are to be applied mutatis mutandis.

(4) The foreigners authority forwards the result of the hearing to the authority initiating allocation, which notifies the central allocation agency of the number of foreigners, stating the countries of origin and the results of the hearing. Spouses and parents and their minor, unmarried children shall be registered and allocated as a group. The foreigner is to stay at this reception centre until re-allocated to another location within the Land, but until suspension of deportation or until issuance of a residence title at the latest; Sections 12 and 61 (1) shall remain unaffected. The Land governments shall be authorised to regulate allocation within the Land by statutory instrument, insofar as allocation is not regulated by Land law on the basis of this Act; Section 50 (4) of the Asylum Procedure Act shall apply mutatis mutandis. The Land governments may assign the said authorisation to other bodies of the Land. Orders pursuant to sentence 1 shall not be contestable. Any legal actions shall have no suspensory effect. Sentences 7 and 8 shall apply mutatis mutandis, if an allocation order is issued on the basis of a Land law or a statutory instrument pursuant to sentence 5.

(5) Following allocation, the competent authorities may permit the foreigner to take up residence in another Land. Following a permitted change of residence, the foreigner shall be deducted from the quota for the Land from which he or she is released and added to the quota for the admitting Land.

(6) The provisions of sub-sections 1 to 5 shall not apply to persons who verifiably entered the Federal territory prior to 1 January 2005.

Part 3 Residence for educational purposes

Section 16 Further education; language courses; school education

(1) A foreigner may be granted a residence permit for the purpose of studying at a state or state-recognised university or a comparable educational establishment. Residence for study purposes shall also extend to language courses in preparation for studies and attendance of a preparatory course prior to studying (preparatory measures for courses of study). The residence permit for study purposes may only be issued where the foreigner has been admitted by the educational establishment concerned; conditional admission is sufficient. Proof of a knowledge of the language in which the course of studies is to be conducted shall not be required where the foreigner�s knowledge of the language has already been taken into account in the decision on admission or is to be acquired by means of preparatory measures for the course of study. The period of validity when the residence permit for study purposes is issued for the first time and for each subsequent extension shall be at least one year and should not exceed two years during courses of study and preparatory measures for courses of study; it may be extended where the purpose of residence has not yet been achieved and is achievable within a reasonable period of time.

(1a) A foreigner may also be issued a residence permit for the purpose of applying for a study place. The maximum permissible duration of residence for a foreigner applying for a place to study shall be nine months.

(2) As a general rule, no residence permit for another purpose of residence shall be granted or extended during the stay in accordance with sub-section 1, unless a legal entitlement applies. Section 9 shall not apply.

(3) The residence permit entitles the holder to take up employment totalling no more than 90 days or 180 half-days per year, and to take up spare-time student employment. This shall not apply in the first year of residence during a stay for the purpose of preparatory measures for a course of study, except during holiday time and in the case of residence pursuant to sub-section 1a.

(4) After successful completion of the studies, the residence permit may be extended by up to one year for the purposes of seeking a job commensurate with this qualification, provided that it is permissible to fill the vacancy concerned with foreigners in accordance with the provisions contained in Sections 18, 19 and 21. Sub-section 3 shall apply mutatis mutandis. Section 9 shall not apply.

(5) A foreigner may be granted a residence permit to attend language courses which do not serve to prepare him or her for a course of study and, in exceptional cases, for the purpose of attending school education. Sub-section 2 shall apply mutatis mutandis.

(6) A foreigner to whom another Member State of the European Union has issued a residence title for study purposes which falls within the ambit of Council directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (Official EU Journal no. L 375, p. 12) shall be granted a residence permit for the same purpose where he or she

1. wishes to carry out part of his or her studies at an educational establishment in the Federal territory because he or she is obliged under the terms of reference for the course of studies to carry out part of his or her studies at an educational establishment of another Member State of the European Union or

2. fulfils the conditions pursuant to sub-section 1 and wishes to continue in the Federal territory part of a course of study commenced in another Member State or to supplement such a course of study in the Federal territory and

a) is participating in an exchange programme between the Member States of the European Union or in an exchange programme of the European Union or

b) has been admitted for a course of study for a period of at least two years in the other Member State of the European Union.

A foreigner who applies for a residence title pursuant to sentence 1, no. 2 is to submit to the competent authority documentation on his or her academic education to date and on the intended course of studies in Germany which verifies that the studies in the Federal territory shall constitute a continuation or supplementation of the studies completed to date. Section 9 shall not apply.

(7) Where the foreigner is under 18 years of age, the persons entitled to care and custody of the foreigner must consent to the planned stay.

Section 17 Other educational purposes

A foreigner may be issued a residence permit for the purpose of basic and advanced industrial training, if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an inter-governmental agreement stipulates that such basic and advanced vocational training is permissible without approval from the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence permit. Section 16 (2) shall apply mutatis mutandis.

Part 4 Residence for the purpose of economic activity

Section 18 Employment

(1) The admission of foreign employees shall be geared to the requirements of the German economy, according due consideration to the situation on the labour market and the need to combat unemployment effectively. International treaties shall remain unaffected.

(2) A foreigner may be granted a residence title for the purpose of taking up employment if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an inter-governmental agreement stipulates that such employment may be taken up without approval from the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence title.

(3) A residence permit for the purpose of taking up employment pursuant to sub-section 2 which does not require a vocational qualification may only be issued if regulated by an inter-governmental agreement or if issuance of approval for a residence permit for the said employment is permissible by virtue of a statutory instrument in accordance with Section 42.

(4) A residence title for the purpose of taking up employment pursuant to sub-section 2 which requires a vocational qualification may only be issued for employment in an occupational group which has been approved by virtue of a statutory instrument in accordance with Section 42. In justified individual cases, a residence permit may be issued for the purpose of taking up employment when there is a public interest, and in particular a regional interest or an interest relating to the economy or the labour market.

(5) A residence title in accordance with sub-section 2 and Section 19 may only be issued if a concrete job offer exists.

Section 19 Settlement permit for highly qualified foreigners

(1) A highly qualified foreigner may be granted a settlement permit in special cases if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an inter-governmental agreement stipulates that the settlement permit may be granted without approval from the Federal Employment Agency in line with Section 39 and there are justifiable grounds to assume that integration into the way of life which prevails in the Federal Republic of Germany and ensurance of the foreigner's subsistence without state assistance are assured. The Land government may stipulate that issuance of the settlement permit pursuant to sentence 1 requires the approval of the supreme Land authority or a body to be designated by the latter.

(2) Highly qualified persons in accordance with sub-section 1 are, in particular,

1. scientists with special technical knowledge,

2. teaching personnel in prominent positions or scientific personnel in prominent positions, or

3. specialists and executive personnel with special professional experience who receive a salary corresponding to at least twice the earnings ceiling of the statutory health insurance scheme.

Section 20 Research

(1) A foreigner shall be granted a residence permit for research purposes where

1. he or she has concluded an effective admission agreement for the purpose of carrying out a research project with a research establishment which is recognised for implementation of the special admission procedure for researchers in the Federal territory pursuant to Council directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (Official EU Journal no. L 289, p. 15) and

2. the recognised research establishment has undertaken in writing to bear the costs accruing to public bodies up to six months after termination of the admission agreement for

a) the foreigner�s subsistence during an unlawful stay in a Member State of the European Union and

b) deportation of the foreigner.

(2) The requirement pursuant to sub-section 1, no. 2 should be waived where the activities of the research establishment are financed primarily from public funds. The requirement may be waived where there is a special public interest in the research project. Section 66 (5), Section 67 (3) and Section 68 (2), sentence 2 and 3 and (4) shall be applicable mutatis mutandis to the declarations furnished pursuant to sub-section 1, no. 2.

(3) The research establishment may also submit the declaration pursuant to sub-section 1, no. 2 to the body responsible for its recognition as a general declaration for all foreigners to whom a residence permit is issued on the basis of an admission agreement concluded with the establishment concerned.

(4) The residence permit shall be issued for a period of at least one year. By way of derogation from sentence 1, where the research project is completed in a shorter period the term of the residence permit shall be limited to the duration of the research project.

(5) Foreigners who hold a residence title from another Member State of the European Union for research purposes pursuant to directive 2005/71/EC shall be granted a residence permit or a visa for the purpose of carrying out parts of the research project in the Federal territory. The residence permit shall be issued for a stay of more than three months only if the conditions pursuant to sub-section 1 are met. (4) Section 9 shall not apply.

(6) A residence permit pursuant to sub-sections 1 and 5, sentence 2 shall entitle the holder to pursue an economic activity pertaining to the research project specified in the admission agreement and to pursue teaching activities. A foreigner who meets the conditions pursuant to sub-section 5, sentence 1 may also pursue an economic activity pursuant to sentence 1 without a residence title for a period of three months within a twelve-month period.

(7) Sub-sections 1 and 5 shall not apply for foreigners

1. who are resident in a Member State of the European Union because they have filed an application for the granting of refugee status or of subsidiary protection within the meaning of directive 2004/83/EC,

2. who are resident in a Member State of the European Union under the terms of an arrangement to provide temporary protection,

3. whose deportation has been suspended in a Member State of the European Union on actual or legal grounds,

4. whose research activities form part of doctoral studies or

5. who are dispatched by a research establishment in another Member State of the European Union to a German research establishment as an employee.

Section 21 Self-employment

(1) A foreigner may be granted a residence permit for the purpose of self-employment, if

1. an overriding economic interest or a special regional need applies,

2. the activity is expected to have positive effects on the economy and

3. personal capital on the part of the foreigner or a loan undertaking is available to realise the business idea.

The prerequisites specified in sentence 1, nos. 1 and 2 are generally met when at least 500 000 euros are invested and five jobs are created. Assessment of the prerequisites in accordance with sentence 1 shall otherwise focus in particular on the viability of the business idea forming the basis of the application, the foreigner's entrepreneurial experience, the level of capital investment, the effects on the employment and training situation and the contribution towards innovation and research. The competent bodies for the planned business location, the competent trade and industry authorities, the representative bodies for public-sector professional groups and the competent authorities regulating admission to the profession concerned shall be involved in examining the application.

(2) A residence permit for the purpose of self-employment may also be granted if special privileges apply according to agreements under international law on the basis of reciprocity.

(3) Foreigners aged over 45 should be issued with a residence permit only if they possess adequate provision for old age.

(4) The period of validity of the residence permit shall be limited to a maximum of three years. By way of derogation from Section 9 (2), a settlement permit may be issued where the foreigner has successfully realised the planned activity and the subsistence of the foreigner and the dependents living with him or her as a family unit and whom he is required to support is ensured by adequate income.

(5) By way of derogation from sub-section 1, a foreigner may be granted a residence permit for the purpose of self-employment. A required permit to practice the profession must have been issued or confirmation must have been provided that such permit will be issued. Sub-section 1, sentence 4, shall apply mutatis mutandis. Sub-section 4 shall not apply.

(6) A foreigner who is to be or has been granted a residence permit for another purpose may be permitted to pursue self-employment while retaining the aforesaid purpose of residence where the permits required under other provisions have been issued or an undertaking has been provided that such permits will be issued.

Part 5 Residence under international law or on humanitarian or political grounds

Section 22 Admission from abroad

A foreigner may be granted a residence permit for the purpose of admission from abroad in accordance with international law or on urgent humanitarian grounds. A residence permit shall be granted if the Federal Ministry of the Interior or the body designated by the Federal Ministry of the Interior to uphold the political interests of the Federal Republic of Germany has declared that the foreigner is to be admitted. In the case of sentence 2, the residence permit shall entitle the holder to pursue an economic activity.

Section 23 Granting of residence by the supreme Land authorities; admission when special political interests apply

(1) The supreme Land authority may order a 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. The order may be issued subject to the proviso that a declaration of commitment be submitted in accordance with Section 68. In order to ensure a nationwide uniform approach, the order shall require the approval of the Federal Ministry of the Interior.

(2) In order to safeguard special political interests of the Federal Republic of Germany, in consultation with the supreme Land authorities the Federal Ministry of the Interior may order foreigners from specific states or certain categories of foreigners defined by other means to be granted approval for admission by the Federal Office for Migration and Refugees. No preliminary proceedings shall take place pursuant to Section 68 of the Code of Administrative Court Procedure. The foreigners concerned shall be issued with a residence permit or settlement permit, in accordance with the approval for admission. The settlement permit may be issued subject to a condition restricting the permissible place of residence. The residence permit entitles the holder to pursue an economic activity.

(3) The order may provide for Section 24 to be applied mutatis mutandis, either in part or in its entirety.

Section 23a Granting of residence in cases of hardship

(1) By way of derogation from the prerequisites for the issuance and extension of residence titles as stipulated in this Act, the supreme Land authority may, on petition from a Hardship Commission to be established by the Land government by virtue of a statutory instrument, order a residence permit to be issued to a foreigner who is enforceably required to leave the Federal territory (hardship petition). According to the individual case concerned, the said order may be issued with due consideration as to whether the foreigner's subsistence is assured or a declaration of commitment is submitted in accordance with Section 68. A case of hardship will not generally be considered if the foreigner has committed an offence of considerable severity. The authority to grant residence represents the public interest only and does not constitute any rights on the part of the foreigner.

(2) The Land governments are authorised to establish a Hardship Commission in accordance with sub-section 1 by virtue of a statutory instrument, to specify the procedure, grounds for exclusion and qualified requirements pertaining to a declaration of commitment pursuant to sub-section 1, sentence 2, including conditions to be met by the party submitting such a declaration, and to assign the authority to issue orders pursuant to sub-section 1, sentence 1 to other bodies. The Hardship Commissions shall take action solely on their own initiative. No third parties can require a Hardship Commission to take up a specific individual case or to make a specific decision. A Hardship Commission may only decide to file a hardship petition after establishing that urgent humanitarian or personal grounds justify the foreigner's continued presence in the Federal territory.

(3) If a foreigner who is dependent on social welfare and who has been issued a residence permit in accordance with sub-section 1 relocates to the area of responsibility of another institution, the social welfare institution in whose area of responsibility a foreigners authority has issued the residence permit shall be required to reimburse the costs accruing to the local social welfare institution which now bears responsibility for the foreigner concerned for a maximum period of three years from the date of issue of the residence permit. The same shall apply mutatis mutandis for the subsistence payments stipulated in Section 6 (1), sentence 1, no. 2 of Book Two of the Social Code.

Section 24 Granting of residence for temporary protection

(1) A foreigner who is granted temporary protection on the basis of a resolution by the Council of the European Union pursuant to directive 2001/55/EC and who declares his or her willingness to be admitted into the Federal territory shall be granted a residence permit for the duration of his or her temporary protection as assessed in accordance with Articles 4 and 6 of said directive.

(3) The foreigners pursuant to sub-section 1 shall be allocated to the various L�nder. The L�nder may agree quotas for admission to grant temporary protection and for allocation. Allocation to the various L�nder shall be carried out by the Federal Office for Migration and Refugees. In the absence of any divergent allocation basis agreed between the L�nder, the allocation basis stipulated for the allocation of asylum seekers shall apply.

(4) The supreme Land authority or the body appointed by the same shall pass an allocation ruling. The Land governments are authorised to regulate allocation within the L�nder via statutory instruments, and may assign this authorisation to other bodies via statutory instruments; Section 50 (4) of the Asylum Procedure Act shall apply mutatis mutandis. The allocation ruling shall not be contestable. Any legal actions shall have no suspensory effect.

(5) The foreigner shall have no entitlement to stay in a specific Land or a specific place. He or she shall take up his or her accommodation and ordinary residence at the place to which he or she is allocated in accordance with sub-sections 3 and 4.

(6) Self-employment must not be excluded. The pursuit of an economic activity with employee status shall be subject to Section 4 (2).

(7) The foreigner shall be provided with written notification of the rights and obligations pertaining to the temporary protection in a language which he or she is able to understand.

Section 25 Residence on humanitarian grounds

(1) A foreigner shall be granted a residence permit if he or she is incontestably recognised as being entitled to asylum. This provision shall not apply if the foreigner has been expelled on serious grounds relating to public safety and law and order. Residence shall be deemed to be permitted up to the time of granting of the residence permit. The residence permit entitles the holder to pursue an economic activity.

(2) A foreigner shall be granted a residence permit where the Federal Office for Migration and Refugees has incontestably granted refugee status (Section 3 (4) of the Asylum Procedure Act). Sub-section 1, sentences 2 to 4 shall apply mutatis mutandis.

(3) A foreigner should be granted a residence permit where a deportation ban applies pursuant to Section 60 (2), (3), (5) or (7). The residence permit shall not be granted if departure for subsequent admission to another state is possible and reasonable, the foreigner has repeatedly or grossly breached duties to cooperate or serious grounds warrant the assumption that the foreigner

a) 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,

b) committed an offence of considerable severity,

c) is guilty of acts contrary to the objectives and principles of the United Nations, as enshrined in the Preamble and Articles 1 and 2 of the Charter of the United Nations, or

d) represents a risk to the general public or a risk to the security of the Federal Republic of Germany.

(4) A foreigner who is non-enforceably required to leave the Federal territory may be granted a residence permit for a temporary stay if his or her continued presence in the Federal territory is necessary on urgent humanitarian or personal grounds or due to substantial public interests. By way of derogation from Section 8 (1) and (2), a residence permit may be extended if departure from the Federal territory would constitute exceptional hardship for the foreigner due to special circumstances pertaining to the individual case concerned.

(4a) By way of derogation from Section 11 (1), a foreigner who has been the victim of a criminal offence pursuant to Sections 232, 233 or 233a of the Criminal Code may also be granted a residence permit for a temporary stay, even if he or she is enforceably required to leave the Federal territory. The residence permit may only be issued if

1. the public prosecutor�s office or the criminal court considers his or her temporary presence 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 or her information,

2. he or she has broken off contact to the persons accused of having committed the criminal offence and

3. he or she has declared his or her willingness to testify as a witness in the criminal proceedings relating to the offence.

(5) By way of derogation from Section 11 (1), a foreigner who is enforceably required to leave the Federal territory may be granted a residence permit if his or her departure is impossible in fact or in law and the obstacle to deportation is not likely to be removed in the foreseeable future. The residence permit should be issued if deportation has been suspended for 18 months. A residence permit may only be granted if the foreigner is prevented from leaving the Federal territory through no fault of his or her own. Fault on the part of the foreigner applies in particular if he or she furnishes false information, deceives the authorities with regard to his or her identity or nationality or fails to meet reasonable demands to eliminate the obstacles to departure.

Section 26 Duration of residence

(1) The residence permit in accordance with this Part may be issued and extended in each instance for a maximum period of three years, but for no longer than six months in cases covered by Section 25 (4), sentence 1 and (5) when the foreigner has not been legally resident in the Federal territory for at least 18 months. The residence permit shall be issued for three years in the cases covered by Section 25 (1) and (2) and for at least one year in the cases covered by Section 25 (3). The residence permit pursuant to Section 25 (4a) shall be issued for six months in each instance and extended; a longer period of validity is permissible in substantiated cases.

(2) The residence permit must not be extended if the obstacle to departure or the other grounds precluding a termination of residence have ceased to apply.

(3) A foreigner who has been in possession of a residence permit in accordance with Section 25 (1) or (2) for three years shall be granted a settlement permit if the Federal Office for Migration and Refugees has provided notification in accordance with Section 73 (2a) of the Asylum Procedure Act that the conditions for revocation or withdrawal do not apply.

(4) A foreigner who has been in possession of a residence permit in accordance with this Part for seven years may otherwise be granted a settlement permit if the conditions stipulated in Section 9

(2), sentence 1, nos. 2 to 9 are fulfilled. Section 9 (2), sentences 2 to 6 shall mutatis mutandis. By way of derogation from Section 55 (3) of the Asylum Procedure Act, the duration of residence

Part 6 Residence for family reasons

Section 27 Principles pertaining to the subsequent immigration of dependents

(1) The residence permit to enable foreigners to be joined by foreign dependents so that they can live together as a family (subsequent immigration of dependents) shall be granted and extended to protect marriage and the family in accordance with Article 6 of the Basic Law.

(1a) The subsequent immigration of dependents shall not be permitted

1. if it is established that the marriage has been entered into or kinship established solely for the purpose of enabling the subsequently immigrating persons to enter and stay in the Federal territory or

2. if there are concrete indications that one of the spouses has been forced into marriage.

(2) Sub-sections 1a and 3, Section 9 (3), Section 9c, sentence 2, Sections 28 to 31 and Section 51 (2) shall apply mutatis mutandis to enable the establishment and maintenance of a registered partnership in the Federal territory.

(3) Granting of the residence permit for the subsequent immigration of dependents may be refused if the person to be joined by his or her dependents is reliant on benefits in accordance with Book Two or Book Twelve of the Social Code for the maintenance of other dependents or other members of his or her household. Section 5 (1), no. 2 may be waived.

(4) The period of validity of a residence permit for the purpose of the subsequent immigration of dependents must not exceed the period of validity of the residence permit held by the foreigner whom the dependents concerned are joining in the Federal territory. It shall be issued for this period if the foreigner who is to be joined in the Federal territory by the subsequently immigrating dependents holds a residence permit pursuant to Section 20 or Section 38a. The period of validity of the residence permit must not exceed that of the dependent�s passport or passport substitute, however. The residence permit is otherwise to be issued for an initial period of at least one year.

Section 28 Subsequent immigration of dependents to join a German national

(1) The residence permit shall be granted to the foreign

1. spouse of a German,

2. minor, unmarried child of a German,

3. parent of a minor, unmarried German for the purpose of care and custody

if the German's ordinary residence is in the Federal territory. By way of derogation from Section 5 (1), no. 1, it shall be granted in the cases covered by sentence 1, nos. 2 and 3. By way of derogation from Section 5 (1), no. 1, it should be granted as a general rule in the cases covered by sentence 1, no. 1. By way of derogation from Section 5 (1), no. 1, the residence permit may be granted to the parent of a minor, unmarried German who is not entitled to custody of said child, if the family unit already exists in the Federal territory. Section 30 (1), sentence 1, nos. 1 and 2, sentence 3 and (2), sentence 1 shall apply mutatis mutandis in the cases covered by sentence 1, no. 1.

(2) As a rule, the foreigner shall be granted a settlement permit if he or she has been in possession of a residence permit for three years, the family unity with the German continues to exist in the Federal territory, there are no grounds for expulsion and the foreigner is able to communicate verbally in the German language on a basic level. The residence permit shall otherwise be extended as long as the family unity continues to exist.

(3) Sections 31 and 35 shall apply subject to the proviso that the foreigner's residence title shall be replaced by the ordinary residence of the German in the Federal territory.

(4) Section 36 shall apply mutatis mutandis to other dependents.

(5) The residence permit entitles the holder to pursue an economic activity.

Section 29 Subsequent immigration of dependents to join a foreigner

(1) For the purposes of subsequent immigration to join a foreigner,

1. the foreigner must possess a settlement permit, EC long-term residence permit or residence permit and

2. sufficient living space must be available.

(2) The requirements of Section 5 (1), no. 1 and sub-section 1, no. 2 may be waived in the case of the spouse and the minor, unmarried child of a foreigner who is in possession of a residence permit in accordance with Section 25 (1) or (2) or a settlement permit in accordance with Section 26 (3). In the cases covered by sentence 1, these conditions shall be waived where

1. the application for issuance of a residence title which is required in connection with the subsequent immigration of dependents is filed within three months of final recognition as a person entitled to asylum or final granting of refuge status and

2. it is not possible for a foreigner and his or her dependents to live together as a family unit in a state which is not a Member State of the European Union and to which the foreigner or his or her dependents have special ties.

The deadline stated in sentence 2, no. 1 shall also be deemed to be met on the foreigner filing the application in good time.

(3) The residence permit may only be granted to the spouse and the minor child of a foreigner who is in possession of a residence permit in accordance with Sections 22, 23 (1) or Section 25 (3) for reasons of international law, on humanitarian grounds or in order to safeguard political interests of the Federal Republic of Germany. Section 26 (4) shall apply mutatis mutandis. The subsequent immigration of dependents shall not be granted in the cases covered by Section 25 (4) to (5), Section 104a (1), sentence 1 and Section 104b.

(4) By way of derogation from Section 5 (1) and Section 27 (3), the residence permit shall be granted to the spouse and the minor child of a foreigner or the minor child of the foreigner's spouse if the foreigner has been granted temporary protection in accordance with Section 24 (1) and

1. the family unit in the country of origin has been broken up as a result of the foreigner having fled said country and

2. the dependent is admitted from another member state of the European Union or is located outside of the European Union and is in need of protection.

The granting of a residence permit to other dependents of a foreigner who has been granted temporary protection pursuant to Section 24 (1) shall be subject to Section 36. Section 24 shall apply to dependents who are admitted pursuant to this sub-section.

(5) The residence permit shall entitle the holder to pursue an economic activity,

1. where the foreigner whom the subsequently immigrating dependents are joining is entitled to pursue an economic activity or

2. where marital cohabitation has lawfully existed in the Federal territory for at least two years and the residence permit of the foreigner whom the subsequently immigrating dependents are joining is not subject to a subsidiary provision pursuant to Section 8 (2) or extension of his or her residence is not excluded by law or by an ordinance.

Section 30 Subsequent immigration of spouses

(1) A foreigner's spouse shall be granted a residence permit if

1. both spouses are at least 18 years of age,

2. the spouse is able to communicate in the German language on a basic level at least and

3. the foreigner

a) possesses a settlement permit,

b) possesses an EC long-term residence permit,

c) possesses a residence permit pursuant to Section 20 or Section 25 (1) or (2),

d) has held a residence permit for two years and the residence permit is not subject to a subsidiary provision pursuant to Section 8 (2) or the subsequent issuance of a settlement permit has not been ruled out by virtue of a rule of law,

e) is in possession of a residence permit, if the marriage existed at the time of said permit being granted and the duration of the foreigner's stay in the Federal territory is expected to exceed one year or

f) possesses a 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.

Sentence 1, nos. 1 and 2 shall have no bearing on issuance of the residence permit where

1. the foreigner is in possession of a residence title pursuant to Sections 19 to 21 and the marriage already existed at the time when he or she established their main ordinary residence in the Federal territory,

2. the foreigner held a residence permit pursuant to Section 20 directly prior to issuance of a settlement permit or an EC long-term residence permit or

3. the conditions specified in sentence 1, no. 3, letter f apply.

Sentence 1, no. 2 shall have no bearing on issuance of the residence permit where

1. the foreigner holds a residence title pursuant to Section 25 (1) or (2) or Section 26 (3) and the marriage already existed at the time when the foreigner established his or her main ordinary residence in the Federal territory,

2. the spouse is unable to provide evidence of a basic knowledge of German on account of a physical, mental or psychological illness,

3. the spouse�s need for integration is discernibly minimal within the meaning of a statutory instrument issued pursuant to Section 43 (4) or the spouse would, for other reasons, not be eligible for an integration course pursuant to Section 44 after entering the Federal territory or

4. by virtue of his or her 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.

(2) By way of derogation from sub-section 1, sentence 1, no. 1, the residence permit may be issued to avoid particular hardship. Where the foreigner holds a residence permit, the other conditions stipulated in sub-section 1, sentence 1, no. 3, letter d may be waived.

(3) By way of derogation from Section 5 (1), no. 1 and Section 29 (1), no. 2, the residence permit may be extended for as long as the marital cohabitation continues.

(4) Where a foreigner is simultaneously married to several spouses and lives together with one spouse in the Federal territory, no other spouse shall be granted a residence permit pursuant to sub-section 1 or sub-section 3.

Section 31 Independent right of residence of spouses

(1) In the event of termination of marital cohabitation, the spouse's residence permit shall be extended by one year as an independent right of residence unrelated to the purpose of the subsequent immigration of dependents if

1. marital cohabitation has lawfully existed in the Federal territory for at least two years or

2. the foreigner has died while marital cohabitation existed in the Federal territory

and the foreigner was in possession of a residence permit, settlement permit or EC long-term residence permit up to this point in time, unless he or she was unable to apply for an extension in due time for reasons beyond his or her control. Sentence 1 shall not be applicable if no extension of the foreigner�s residence permit is permissible or if it is not permissible to issue the foreigner with a residence permit or EC 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 residence permit pursuant to Section 8 (2). The residence permit entitles the holder to pursue an economic activity.

(2) The requirement stipulated in sub-section 1, sentence 1, no. 1 for marital cohabitation to have existed lawfully for two years in the Federal territory shall be waived if necessary to enable the spouse to continue his or her residence in order to avoid particular hardship, unless an extension of the foreigner's residence permit is excluded. Particular hardship shall be deemed to apply if the obligation to return to the country of origin resulting from the termination of marital cohabitation threatens to substantially erode the foreigner's legitimate interests, or if the continuation of marital cohabitation is unreasonable due to the erosion of the foreigner's legitimate interests; such legitimate interests shall also include the wellbeing of a child living with the spouse as part of a family unit. In order to avoid abuse, extension of the residence permit may be refused if the spouse is reliant on benefits in accordance with Book Two or Book Twelve of the Social Code for reasons for which he or she is responsible.

(3) By way of derogation from Section 9 (2), sentence 1, nos. 3, 5 and 6, the spouse shall also be granted a settlement permit if the spouse's subsistence is safeguarded after the termination of marital cohabitation by maintenance payments from the foreigner's own funds and the foreigner possesses a settlement permit or an EC long-term residence permit.

(4) Without prejudice to sub-section 2, sentence 3, claiming benefits in accordance with Book Two or Book Twelve of the Social Code shall not preclude extension of the residence permit. The residence permit can thus be extended for a limited period for as long as the conditions for granting of the residence permit or EC long-term residence permit have yet to be met.

Section 32 Subsequent immigration of children

(1) The minor, unmarried child of a foreigner shall be granted a residence permit if

1. the foreigner possesses a resident permit in accordance with Section 25 (1) or (2) or a settlement permit in accordance with Section 26 (3) or

2. both parents or the parent possessing the sole right of care and custody hold a residence permit, settlement permit or EC long-term residence permit and the child relocates the central focus of its life together with its parents or the parent possessing the sole right of care and custody to the Federal territory.

(2) A minor, unmarried child who is 16 years of age or older shall be granted a residence permit if he or she has a command of the German language or if it appears on the basis of the child's education and way of life to date that he or she will be able to integrate into the way of life which prevails in the Federal Republic of Germany and both parents or the parent possessing the sole right of care and custody hold a residence permit, settlement permit or EC long-term residence permit.

(2a) The minor, unmarried child of a foreigner who holds a residence permit pursuant to Section 38a shall be granted a residence permit if family unity already existed in the Member State of the European Union in which the foreigner possesses the status of a long-term resident. The same shall apply if the foreigner held a residence permit pursuant to Section 38a directly prior to issuance of a settlement permit or an EC long-term residence permit.

(3) A minor, unmarried child of a foreigner who is under 16 years of age shall be granted a residence permit if both parents or the parent possessing the sole right of care and custody possess a residence permit, settlement permit or EC long-term residence permit.

(4) A minor, unmarried child of a foreigner may otherwise be granted a residence permit if necessary in order to prevent special hardship on account of the circumstances pertaining to the individual case concerned. The child's wellbeing and the family situation are to be taken into consideration in this connection.

Section 33 Birth of a child in the Federal territory

By way of derogation from Sections 5 and 29 (1), no. 2, a child who is born in the Federal territory may be granted a residence permit ex officio if one parent possesses a residence permit, settlement permit or EC long-term residence permit. Where both parents or the parent possessing sole right of care and custody hold a residence permit, a settlement permit or an EC long-term residence permit at the time of birth, the child born in the Federal territory shall be granted a residence permit ex officio. A child born in the Federal territory whose mother or father possesses a visa or is permitted to stay in the Federal territory without a visa at the time of the birth shall be permitted to stay in the Federal territory until such time as the visa or the lawful period of stay without a visa expires.

Section 34 Children's right of residence

(1) By way of derogation from Section 5 (1), no. 1 and Section 29 (1), no. 2, the residence permit granted to a child shall be extended as long as a parent possessing the right of care and custody holds a residence permit, settlement permit or EC long-term residence permit and the child lives together with the said parent as part of a family unit, or if the child would have a right of return pursuant to Section 37 in the event of him or her leaving the Federal territory.

(2) Upon a child coming of age, the residence permit granted to the child shall become an independent right of residence which is unrelated to the purposes of the subsequent immigration of dependents. The same shall apply in the case of the granting of a settlement permit and an EC long-term residence permit or if the residence permit is extended accordingly pursuant to Section 37.

(3) The residence permit may be extended for as long as the conditions for granting of the settlement permit and the EC long-term residence permit have yet to be met.

Section 35 Children's independent, unlimited right of residence

(1) By way of derogation from Section 9 (2), a minor foreigner who possesses a residence permit in accordance with this Part shall be granted a settlement permit if he or she has been in possession of the residence permit for five years on reaching the age of 16. The same shall apply if

1. the foreigner is of age and has been in possession of the residence permit for five years,

2. he or she possesses an adequate knowledge of German and

3. his or her livelihood is secure or he or she is undergoing education or training which leads to a recognised academic or vocational qualification.

(2) Periods in which the foreigner has attended school outside of the Federal territory shall not normally be taken into consideration with regard to the required duration of possession of a residence permit as stipulated in sub-section 1.

(3) No entitlement to the granting of a settlement permit pursuant to sub-section 1 shall apply if

1. a reason for expulsion based on the foreigner's personal conduct applies,

2. the foreigner has been sentenced to a term of youth custody of at least six months or a prison term of at least three months or a fine of at least 90 daily rates in the past three years due to an intentionally committed offence, or if a youth prison sentence has been suspended, or

3. the foreigner's subsistence cannot be assured without claiming benefits in accordance with Book Two or Book Twelve of the Social Code or juvenile welfare pursuant to Book Eight of the Social Code, unless the foreigner is undergoing education or training which leads to a recognised academic or vocational qualification.

The settlement permit may be granted or the residence permit extended in the cases covered by sentence 1. If, in cases covered by sentence 1, no. 2, the foreigner is placed on probation or the youth prison sentence is suspended, the residence permit will generally be extended until the end of the probationary period.

(4) The requirements stipulated in sub-section 1, sentence 2, nos. 2 and 3 and sub-section 3, sentence 1, no. 3 shall be waived if the foreigner is unable to fulfil them on account of a physical, mental or psychological illness or handicap.

Section 36 Subsequent immigration of parents and other dependents

(1) By way of derogation from Section 5 (1), no. 1 and Section 29, (1), no. 2, a residence permit shall be issued to the parents of a minor foreigner who holds a residence permit pursuant to Section 25 (1) or (2) or a residence permit pursuant to Section 26 (3), if no parent entitled to legal custody is resident in the Federal territory.

(2) Other dependents of a foreigner may be granted a residence permit for the purpose of subsequent immigration to join the foreigner, if necessary in order to avoid particular hardship. Section 30 (3) and Section 31 shall apply mutatis mutandis to adult dependents and Section 34 shall apply mutatis mutandis to minor dependents.

Part 7 Special rights of residence

Section 37 Right of return

(1) A foreigner whose ordinary residence as a minor was in the Federal territory shall be granted a residence permit if

1. the foreigner lawfully resided in the Federal territory for eight years prior to his or her departure and attended a school in the Federal territory for six years,

2. the foreigner's livelihood is assured by his or her own economic activity or by a maintenance commitment into which a third party has entered for a period of five years and

3. the application for the residence permit is filed after reaching the age of 15 and prior to reaching the age of 21, and before the elapse of five years after departure.

The residence permit entitles the holder to pursue an economic activity.

(2) Deviation from the requirements stipulated in sub-section 1, sentence 1, nos. 1 and 3 shall be possible in order to prevent particular hardship. The requirements stipulated in sub-section 1, sentence 1, no. 1 may be waived if the foreigner has acquired a recognised school-leaving qualification in the Federal territory.

(3) The residence permit may be refused

1. if the foreigner was expelled or could have been expelled when he or she left the Federal territory,

2. if a reason for expulsion exists or

3. as long as the foreigner is a minor and his or her personal care in the Federal territory is not assured.

(4) Extension of the residence permit shall not be precluded by the fact that the foreigner's livelihood is no longer assured on the basis of his or her own economic activity or that the maintenance commitment no longer applies due to expiry of the five-year period.

(5) A foreigner who receives a pension from an institution in the Federal territory shall generally be granted a residence permit if he or she lawfully resided in the Federal territory for at least eight years prior to his or her departure.

Section 38 Residence title for former Germans

(1) A former German

1. shall be granted a settlement permit if he or she had been ordinarily resident as a German in the Federal territory for five years when he or she lost his or her German nationality,

2. shall be granted a residence permit if he or she had been ordinarily resident in the Federal territory for at least one year when he or she lost his or her German nationality.

The application for a residence title pursuant to sentence 1 shall be filed within six months of obtaining knowledge of the loss of German nationality. Section 81 (3) shall apply mutatis mutandis.

(2) A former German who is ordinarily resident abroad may be granted a residence permit if he or she possesses an adequate knowledge of German.

(3) In special cases, the residence title pursuant to sub-section 1 or 2 may be granted by way of derogation from Section 5.

(4) The residence permit in accordance with sub-section 1 or 2 entitles the holder to pursue an economic activity. The pursuit of an economic activity is permitted within the period for filing an application specified in sub-section 1, sentence 2 and, upon an application being filed, up to the time of the foreigners authority's decision on the application.

(5) Sub-sections 1 to 4 shall apply mutatis mutandis to a foreigner who, for reasons beyond his or her control, has been treated as a German by German bodies to date.

Section 38a Residence permit for persons who possess the status of long-term residents in other Member States of the European Union

(1) A foreigner who has the status of a long-term resident in another Member State of the European Union shall be granted a residence permit if he or she wishes to stay in the Federal territory for a period in excess of three months. Section 8 (2) shall not apply.

(2) Sub-section 1 shall not be applicable to foreigners who

1. are dispatched by a service provider in connection with the cross-border provision of services

2. intend to provide any other form of cross-border services or

3. wish to work in the Federal territory as seasonal workers or to take up employment as cross-frontier workers.

(3) The residence title pursuant to sub-section 1 shall entitle the holder to pursue an economic activity only if the conditions stated in Section 18 (2), Sections 19, 20 or 21 are met. Where the residence title pursuant to sub-section 1 is issued for study purposes or for other educational purposes, Sections 16 and 17 shall apply mutatis mutandis. In the cases covered by Section 17, the residence title shall be issued without the approval of the Federal Employment Agency.

(4) A residence permit issued pursuant to sub-section 1 may be provided with a subsidiary provision pursuant to Section 39 (4) for no longer than twelve months. In the case of issuance of the residence permit pursuant to sub-section 1, the period stated in sentence 1 shall begin upon the holder being permitted to take up employment for the first time. On expiry of this period, the residence permit shall entitle the holder to pursue an economic activity.

Part 8 Involvement of the Federal Employment Agency

Section 39 Approval of employment for a foreigner

(1) A residence title which permits a foreigner to take up employment may only be granted with the approval of the Federal Employment Agency, in the absence of any provisions to the contrary in statutory instruments. Such approval may be granted if laid down in inter-governmental agreements, an act or a statutory instrument.

(2) The Federal Employment Agency may approve the granting of a residence permit to take up employment pursuant to Section 18 if

1. ������� a) the employment of foreigners does not result in any adverse consequences for the labour market, in particular with regard to the employment structure, the regions and the branches of the economy, and

b) no German workers, foreigners who possess the same legal status as German workers with regard to the right to take up employment or other foreigners who are entitled to preferential access to the labour market�� under the law of the European Union are available for the type of employment concerned or

2. it has established, via investigations for individual occupational groups or for individual industries in accordance with sentence 1, no. 1, letters a and b, that filling the vacancies with foreign applicants is justifiable in terms of labour market policy and integration aspects and the foreigner is not employed on terms less favourable than apply to comparable German workers. German workers and foreigners of equal status shall also be deemed to be available if they can only be placed with assistance from the Federal Employment Agency. The potential employer of a foreigner who requires approval in order to take up employment shall be required to furnish the Federal Employment Agency with information on pay, working hours and other terms and conditions of employment.

(3) Sub-section 2 shall also apply if approval from the Federal Employment Agency is required in order to take up employment in cases of residence for other purposes covered in Parts 3, 5, 6 or 7.

(4) The approval may stipulate the duration and form of occupational activity and restrict the employment to specific plants or regions.

(5) The Federal Employment Agency may approve the granting of a settlement permit pursuant to Section 19 if employment of the foreigner does not give rise to any adverse consequences on the labour market.

(6) The Federal Employment Agency may permit nationals of those states which have acceded to the European Union in accordance with the treaty of 16 April 2003 on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Republic of Slovakia to the 