Due to the spread of the disease COVID-19 coronavirus, many immigration authorities can only work to a limited extent. Procedural simplifications have been introduced to ensure that the Immigration Authorities continue to enforce the Residence Act in the coming months. The immigration authorities are just one body that has been affected by the current crisis. However, for anyone looking to apply for a German residence permit, these effects are vital to be aware of.

This article will inform you about the current measures to be aware of if intending to extend your residence permit. We will answer some of the questions we have received from clients since this crisis began. At Schlun & Elseven, we are a full-service law firm with experience in issues around German resident permits and immigration law.


How can I Extend my Residence Permit?

To continue operating while with a reduced staff at the immigration authorities, the provisional effect of § 81 (4) AufenthG (German Residence Act) will be used to a greater extent. If an extension is applied for a good time before the residence permit expires, the provisional effect of § 81 (4) German Residence Act takes effect when the application is submitted. The previous residence title thus continues to exist until the decision of the immigration authority.

The applicant must be issued with a certificate confirming the effect of his or her application according to § 81, paragraph 5 German Residence Act. This serves as proof and is also valid if the application is submitted informally by telephone, online, e-mail or post.

If it is not possible to send the otherwise customary provisional certificate (§ 58 (1) AufenthV) due to the current circumstances, the immigration authority can confirm receipt of the extension application using an informal certificate and return it to the applicant by post with a signature and stamp. Under the given circumstances, this can also be done electronically without signature and stamp. The relevant authorities and local police stations should be informed immediately about the use of this certificate.

If you have a particular issue or legal question concerning events related to the COVID-19 coronavirus, please contact our law office directly. Our lawyers can be reached by phone, email and also provide video conferencing options. For more legal information on the Corona crisis, please visit our Crisis Dashboard.

What can I do if my Residence Permit is shortened?

In cases in which it is foreseeable that a residence permit cannot be extended or in which the purpose of the permit is otherwise no longer fulfilled (e.g. in the case of terminated employment), then the provisions within the Residence Act will be enforced. These provisions may include the deportation of the person concerned. If it is actually impossible to leave the country, a postponement is to be granted. With the current situation re. Travel Ban to Germany and travel restrictions from Germany, availing of a postponement may be the best that can be hoped for.


Can I receive Short-Time Working Allowance with a Residence Permit?

The receipt of short-time working allowance does not affect the validity of a residence title, and the employment contract remains in force. This is provided for under § 2, (3) German Residence Act which explicitly specifies the public benefits that may be received to ensure a livelihood. These include benefits based on contributions. Short-time working allowance is a benefit paid to employees by the unemployment insurance fund, thus a benefit based on contributions.

Also, concerning the EU Blue Card according to § 18b (2) Residence Act and a residence permit for IT specialists according to § 19c (2) Residence Act in conjunction with § 6 BeschV, the receipt of short-time working allowance should not harm the validity of the residence permit even if the short-time work compensation falls below the respective salary limits and the short-time work is a measure related to the COVID-19 coronavirus.

For a comprehensive insight into short-time working allowance, then please read our article: FAQ Short-Time Working Allowance in Germany: COVID-19 Coronavirus.


Effect on Residence Permits: What Applies to the EU Blue Card?

If you already have a residence permit or an EU Blue Card, you must apply to the Immigration Authority for an extension before its validity expires. If the extension is applied for in time, it will also have a provisional effect according to § 81 (4) German Residence Act. This means that the previous residence permit or EU Blue Card is considered valid until the immigration authority’s decision.

There is no uniform regulation on how this exceptional situation is to be handled by the authorities. It is important for you that the application is submitted in good time to secure your residence rights. An application does not have to be made in person at the immigration authority. It is sufficient if you apply in writing. Here, it is sufficient to send a letter stating your will to extend your residence permit. The letter can be sent to the immigration authority by e-mail, letter or fax.

It is important that you can prove that the authority has received the letter. We will gladly take over the application for you. You can then be sure that the application has been submitted correctly and that your stay is secure. Of course, we will also be happy to advise and assist you throughout the entire residence law procedure. To provide this service, we are available for you by telephone, e-mail and video conference.


What should I do if I cannot return to Germany within the six-month period Allowed under § 51 (1) Residence Act?

If a German residence permit holder leaves the country and cannot return to Germany within the six-month period of § 51 (1) German Residence Act due to cancelled flights or similar reasons, a generous extension of the deadline may be granted before the end of this period.

An extension of the deadline will only be granted in conventional administrative operations upon application. However, due to the current special situation, it can also be granted by way of a general ruling ex officio as an exception. Please contact our lawyers for detailed advice on your particular situation and how this relates to this exception.


Effect on Residence Permits: What Applies to the Extension of Schengen visas?

The provisional effect of § 81 (4) German Residence Act does not apply to the extension of Schengen visas. For this reason, a legal ordinance is to be issued in the near future to exempt the holders of expiring Schengen visas from the requirement of a residence permit for a limited period of time after the visa expires.

An extension of Schengen visas requires a personal appearance of the persons concerned. To simplify the procedure, holders of Schengen visas should apply to the immigration authorities by e-mail, stating their personal details, for an extension of their departure period. The immigration authorities are requested to grant a generous time for departure and inform the applicant informally in writing or by e-mail.

Please see our article on the topic for more information on the extension of Schengen Visas during COVID-19 coronavirus.


What is the Procedure for Visa-free Stays (expiry of the 90-day period)?

If due to the current circumstances, it is not possible to return to your country of origin before the expiry of the 90-day period, you must contact the immigration authority’s registration office at your place of residence before the expiry of the 90-day period and ask for your stay to be legalised, stating your personal details – if necessary by e-mail. This application in itself ensures that the stay continues to be regarded as permitted until the decision of the immigration authority (§ 81 (3) German Residence Act).

In the current situation, the fictitious effect of the permitted stay associated with the application is also to be used for third-country nationals of the states listed in § 41 (1) Residence Ordinance who have entered Germany without a visa under this provision. Insofar as the foreigner has the approval of the Federal Employment Agency and has applied for the residence title as described above, he/she may take up the employment described in the approval of the Federal Employment Agency.

The above-mentioned solution cannot be applied to third-country nationals from the states listed in § 41 (1) Residence Ordinance who have already entered Germany without a visa and are not yet in possession of the approval of the Federal Employment Agency. The immigration authorities should grant this group of persons the opportunity to apply to take up employment, despite reduced opportunity for preliminary talks.


Effect on Residence Permits: How can Tolerance be Extended?

According to the German Residence Act, tolerance is the certification of a “temporary suspension of deportation” of non-nationals who are obliged to leave the country. Tolerance does not provide the non-nationals with legal residence in Germany; the person in question must eventually leave Germany, but the obligation to leave the country through deportation is temporarily postponed.

The enforcement of the right of residence must also be guaranteed in the area of toleration. An individual extension of toleration periods ex officio is possible on a transitional basis to facilitate the procedure, which can also be sent by post. General rulings should also only be issued in exceptional cases.


What Changes have been Made within the Skilled Immigration Act?

The Skilled Immigration Act, which has been in force since 1 March 2020, revises sections 3 (residence for the purpose of education and training) and 4 (residence for the purpose of gainful employment) of the German Residence Act. It creates the legal framework for targeted, demand-oriented management and strengthening of skilled worker immigration.

The possibilities of temporary entry to seek training or employment are expanded and transferred into separate provisions (§§ 17, 20). This is supplemented by the necessary acceleration of the recognition of foreign qualifications, increased support for the acquisition of the German language abroad, and a strategy for targeted recruitment of skilled workers to be developed jointly with industries.

The immigration authorities are requested to prioritise accelerated procedures for skilled personnel per § 81a of the Residence Act for personnel in the health and nursing professions, health research, and transport personnel in goods traffic and other necessary areas.


How are Passport and Documents for Applicants Processed during the Coronavirus Crisis?

Given the currently limited and possibly further restricted ability to work, the following exceptional procedure is currently being followed for the handing over of documents under immigration law:

According to the current legal situation, travel documents for refugees and foreigners and the electronic residence permit are generally subject to the personal application with fingerprints and the personal transfer of the document to the applicant. As far as possible, the above-mentioned procedure should be adhered to in principle (also in cases of limited working capacity with contactless counter operation).

In exceptional cases, in cases of reduced ability to work without a counter, alternative means of delivery may be considered, such as delivery through other authorities (e.g. police stations), couriers or by post. If you choose postal delivery, you must choose documented personal delivery (registered mail, personal delivery) because of the online identification function, as with the electronic residence permit. If a documented delivery is not possible due to the COVID-19 coronavirus crisis, it is also possible to deliver the document by post.

In any case, when applying for an electronic residence permit per the legal regulations, it is necessary to submit a personal application and fingerprints (please ensure disinfection). Otherwise, a provisional certificate may be issued (the application without any form), which can also be sent by post after checking alternative secure means of delivery.


How long will these Measures apply for?

The measures referred to above shall apply exclusively for the period of the present exceptional COVID-19 coronavirus crisis. If you would like updates on the developing situation, please contact our immigration lawyers at Schlun & Elseven directly for specialised advice or pay attention to our COVID-19 Coronavirus Crisis Center page. In the current situation, it is essential and urgent to comply with deadlines.

Our lawyers will ensure that your visa extension application meets the requirements and that all necessary documents are submitted. However, please contact us in good time to ensure that we can provide our services successfully.


Legal advice at Schlun & Elseven

We at Schlun & Elseven are a full-service law firm operating throughout Germany. The COVID-19 coronavirus affects all areas of human interaction and has massive economic implications for our private and corporate clients. Against this background, the COVID-19 coronavirus will affect numerous areas of law. Further information on the coronavirus in Germany can be obtained from the Robert Koch Institute website. Information is provided in English as well as German.

If you need specialised legal advice regarding the effects of the COVID-19 coronavirus on your company or other legal questions, please contact us directly. Our offices are located in Cologne, Düsseldorf and Aachen, but we are also available by phone, e-mail and video conferencing. Our lawyers can advise you in English as well as German and a range of other languages. We will remain working throughout the duration of this crisis and are available for our clients and new clients.