How to Extend a German Visa | Legal Advice

When applying to extend your German residence permit, gathering and submitting the necessary documents is essential. Below is a list of the primary documents you will need:

• Valid National Passport: Your passport must be up-to-date and valid throughout the extension period.
• Proof of Health Insurance: Demonstrate that you have sufficient health insurance coverage for the duration of your stay.
• Application Form: Complete the official application form for the proposed extension.
• Proof of Financial Stability: Provide evidence that you can financially support yourself during the extended stay.

The specific documents required may vary depending on the purpose of your stay. For instance:

• For Students: If you’re seeking an extension to continue your studies, you must provide proof of enrollment at your university. This might include an official letter of acceptance, confirmation of ongoing studies, and proof of accommodation if you reside in university housing.
• For Marriage-Based Permits: If your residence permit is tied to your marital status, you may need to submit a declaration of marital cohabitation or other relevant documents confirming your relationship status.

Once you have gathered the necessary documents, please submit them to your local immigration authority (Ausländerbehörde). It’s crucial to adhere to all stated deadlines to avoid delays or complications. After submission, you may be required to attend a personal interview to present your case. Therefore, ensure that all documents are accurate and legitimate, as any discrepancies could affect your application.

If you need any assistance during the application process, such as a rejected application or issues meeting deadlines, our experienced lawyers are here to help. At Schlun & Elseven Rechtsanwälte, we specialise in managing residence permit extensions and can guide you through every step, from document preparation to representation during interviews. By contacting us early, you give us the best opportunity to ensure your application meets all requirements and stands the best chance of approval.

While applying on time and ensuring all your documentation is in order can minimise issues with extending your residence permit, certain life changes can still present significant challenges. If your employment or study status changes or you experience a divorce or separation, it is highly advisable to seek legal assistance from our team of experts.

Changes in marital status can particularly complicate the extension process if your residence permit was initially granted based on your marriage. The German Residence Act (§ 31) provides protections for non-EU citizens following a divorce, but these protections depend on specific circumstances. For instance, if you have been married and living in Germany for at least three years, you may be eligible to extend your residence permit for an additional year under § 28 of the German Residence Act. This extra year allows you time to secure another basis for your stay, such as employment or enrollment in a German educational institution. For a more detailed exploration of this topic, please refer to our article “Residence Permit After Divorce in Germany.”

If you hold an EU Blue Card and lose your job, it’s important not to panic. Losing your job does not automatically require you to leave Germany, as you may still be eligible to extend your residence permit. You should promptly notify your local immigration authority (Ausländerbehörde) and inform them of your situation. If you have been employed in Germany for over two years, you are entitled to three months to find a new job without risking your residency status. If your employment ends before reaching the two-year mark, it’s crucial to report this to the authorities immediately. Your new employment must meet the required salary thresholds to maintain your EU Blue Card status, regardless of who initiated the employment change.

In any of these situations, having experienced legal support can make the difference between a smooth transition and significant legal challenges. Our team at Schlun & Elseven Rechtsanwälte is here to guide you through these complexities and help you secure your continued stay in Germany.

If you hold a temporary residence permit in Germany, it’s essential to be proactive about extending it before it expires if you intend to stay longer. Unlike some countries, German authorities do not send reminders when your permit’s expiration date is approaching, so it’s your responsibility to track and manage these deadlines.

It is recommended that you apply for an extension approximately eight to ten weeks before your current permit expires to avoid any legal complications. This timeline allows for processing your application, which can take several weeks. Failing to apply in time could result in your permit expiring before the extension is granted, leading to potential legal issues, including fines, penalties, or even expulsion from Germany.

The expiration of residence permits is governed by § 51 of the German Residence Act, which outlines several scenarios where a permit may expire:

• Upon reaching the end of its validity period,
• If the residence title is withdrawn or revoked,
• If the permit holder is expelled from Germany,
• Upon the issuance of a deportation order (§ 58a of the German Residence Act),
• If the permit holder leaves Germany and does not return within six months (or a more extended period set by the immigration authority),
• If a foreigner applies for asylum after being granted a residence title (§§ 22-25 of the German Residence Act).

Understanding these regulations and acting promptly to extend your residence permit is crucial to maintaining your legal status in Germany.

The Schengen Visa is the most common type of short-term visa for visiting Germany, allowing holders to stay in the country for up to 90 days within a 180-day period. Travellers can also move freely between other countries within the Schengen Zone during this time. A similar short-term visa is the Business Visa, which operates under the same rules as the Schengen Visa. However, overstaying a Schengen Visa without proper authorisation can lead to serious legal consequences.

Under § 95, paragraph 1, no. 2 of the German Residence Act, unauthorised overstays can result in criminal and administrative penalties.

If you need to extend your German short-term visa, you will typically be required to submit the following documents:

• Application Form: A completed form specifically for the short-term visa extension,
• Passport: The passport used for your current short-term visa, which must remain valid for the duration of your extended stay,
• Passport Photo: One passport-sized photo that meets all visa photo requirements,
• Proof of Financial Means: Evidence that you can financially support yourself during the extended period of your stay,
• Proof of Travel Health Insurance: Coverage must extend to the entire Schengen Area and be valid for the duration of the extension,
• Supporting Documents: Any additional documents that justify the need for an extension tailored to the specific reason for your request.

While extending a Business or Schengen Visa is possible, the process is complex and requires strong justification. Consulting with our immigration law team can help determine whether the German authorities will likely accept your reasons for extending the visa. It is crucial to submit your application before your visa expires; otherwise, even with a valid reason, applying after the expiration date could result in being classified as overstaying your visa.

There are only a few valid reasons that German immigration authorities will consider when extending a short-term visa. When applying, it is essential to clearly demonstrate that your situation meets one of the following criteria:

• Late Entry: If you entered the Schengen Zone after your visa’s validity period had already begun, you may apply for an extension to compensate for the lost time,
• Humanitarian Reasons: These include circumstances where you must remain in Germany to receive medical treatment or to attend to critical situations such as the funeral of a close relative,
• Force majeure refers to unforeseeable events beyond your control, such as natural disasters, severe weather conditions, or global crises like the COVID-19 pandemic, that prevent you from leaving Germany. The extension is granted until it is safe or possible to return to your home country.
• Personal Reasons: Although less commonly accepted, personal reasons may sometimes justify a visa extension. However, these cases are typically subject to a more rigorous review process, including an interview with immigration authorities. If you believe your situation qualifies, it is advisable to consult with a lawyer to strengthen your application.

You must submit your application to the Immigration Authority (Ausländerbehörde) closest to your current residence in Germany to apply for a visa extension. Processing times can take up to one month, during which you must remain in Germany and are not allowed to travel to other Schengen countries. If your application is based on force majeure or humanitarian reasons, there is typically no fee for the extension. However, a small processing fee may apply if the application is based on personal reasons or late entry.

By thoroughly preparing your application and ensuring it meets the necessary requirements, you increase your chances of securing an extension to your short-term visa. Should you require further assistance, our experienced lawyers can guide you through the process and advocate on your behalf.

Extending an EU Blue Card in Germany is possible, although less common, as many Blue Card holders transition to permanent residency instead. The EU Blue Card initially allows its holder to live and work in Germany for up to four years. EU Blue Card holders become eligible to apply for permanent residency after 33 months of employment or just 21 months with demonstrated B1-level German language proficiency. While proficiency in German is not required for the initial EU Blue Card application, it significantly expedites the process of obtaining permanent residency. The EU Blue Card can be extended for another four years if necessary.

The EU Blue Card is typically issued for the duration of the employment contract, up to a maximum of four years. However, if your employment contract is shorter, your Blue Card will be valid for the contract length plus an additional three months. This extension allows you to remain in Germany while seeking new employment that meets the EU Blue Card criteria. During this period, you may also change jobs, but if you do so within the first two years of your EU Blue Card, you must inform and obtain authorisation from the immigration authorities. After 18 months, you may also apply to work in another EU country.

To extend your EU Blue Card, you must demonstrate that you continue to meet the requirements for this residence permit. The essential conditions include:

• Education: You must hold a university or higher education degree recognised as equivalent to a German degree. You can verify the equivalence and recognition of your foreign degree using resources like Anabin. The job you are employed in should be directly related to your field of study.
• Job Offer: You need a valid job offer in Germany that meets the EU Blue Card criteria. Extending the EU Blue Card typically involves an extended or renewed employment contract from your current employer. If you are switching jobs, the new position must also meet the Blue Card requirements, including the appropriate salary level and alignment with your qualifications.
• Salary Requirements: Your position must meet or exceed the minimum salary threshold for the EU Blue Card, which is adjusted annually. The salary sufficient when you first obtained your Blue Card may no longer meet the threshold in subsequent years. The salary requirements are lower for positions in fields experiencing labour shortages, such as mathematics, IT, natural sciences, engineering, and human medicine.

Your EU Blue Card may be revoked if your employment no longer meets the required conditions. Such scenarios can occur if your job no longer satisfies the salary or qualification criteria or if there is evidence of fraud or forgery in your application. Additionally, your EU Blue Card may be revoked if your passport expires and is not renewed.

The Intra-Corporate Transfer (ICT) Card is a long-term visa that allows employees to be transferred from outside the EU to a subsidiary, branch, or another part of the same company within the EU. This residence permit is specifically designed for managers, specialists, and trainees, with the length of stay in Germany varying according to the role. The ICT Card is typically issued for the duration of the transfer.

Extending an ICT Card is more complex than extending other types of visas. If you wish to stay longer in Germany after your initial ICT Card period expires, you must submit a new application, which requires you to leave Germany for a mandatory “cooling off” period of six months before reapplying. The reapplication process for the ICT Card typically takes a maximum of 90 days but is often completed more quickly.

The following conditions must be met to apply for an ICT Card:

• Company Affiliation: The company you work for in your home country and the entity established in the EU must belong to the same corporate group or undertaking.
• Eligible Positions: The applicant must be employed as a manager, specialist, or trainee. The ICT Card is not applicable for internships or short-term roles outside these categories.
• Professional Qualifications: Applicants must possess the necessary professional qualifications relevant to their role within the company.
• Employment History: The applicant must have been continuously employed by the company for at least six months before applying.
• Transfer Duration: The intra-corporate transfer must last longer than three months. Transfers shorter than three months can often be managed with other short-term visas.
• Employment Contract and Assignment Letter: The applicant must have a valid employment contract covering the duration of the transfer, along with an assignment letter.