FAQ on Visa and Entry

According to § 5, para. 1, no. 1 of the Residence Law, eligibility for being granted a residence title is dependent on one's livelihood being secured. According to Section 2, paragraph 3, clause 1 of the German Residence Act, livelihood also constitutes adequate health insurance cover. Having sufficient health insurance for entering the country is a requirement for visa procedures. 

No. A modification of project content or a change to the objectives of a research project will not result in the forfeiture of a residence permit, nor does it require a new hosting agreement for the same researcher, provided that the researcher's work still qualifies as 'research' as defined in the Researcher Directive and in the Ordinance on Residence. This is stated in Section 18d, Paragraph 5 of the German Residence Act. 

A secure means of subsistence during the guest academic's stay in the host country is an important precondition for issuing a visa and residence permit. Whether someone is able to cover their living expenses in the host country depends on the amount of the fellowship and the sponsorship period.

In any event, the facts regarding the amount and the sponsorship period must  be accurate. If this is not the case, it can lead to a refusal of the application or an early termination of the stay. Moreover, the guest academic and responsible officials at the host university would face being penalised by the immigration authorities for giving false information during the application process. The amount and the sponsorship period of the fellowship should therefore only be disclosed if there has been a binding decision on these matters and only by the office responsible for awarding the fellowship.

Citizens of the European Union, Iceland, Liechtenstein, Norway and Switzerland have the right to stay in Germany for purposes of research under EU freedom of movement legislation. This right extends to members of their family, meaning that they are allowed to enter Germany. Family members are defined as a spouse and children under the age of 21, even if they are citizens of a third country. Therefore, it is not a problem if the child of a Norwegian and a French citizen has American citizenship.

Family members of those who have freedom of movement, but are not citizens of the European Union themselves, need to apply for and be issued a residence permit for family members of European Union citizens once they have registered as residents in Germany. The residence permit will then be valid for five years. For the application, the familial relationship to the EU citizen must be proven. In this case, evidence that the child is related to its parents will need to be provided. 

Family members generally require a visa to enter the country. Citizens of several countries, as in this case the American child, are able to enter Germany without a visa for family reunification purposes to apply for this permit.

N.B.: If a researcher with German nationality returns to Germany accompanied by family members who are neither German citizens nor a citizen of a country whose citizens have the right to freedom of movement, their family members also have the right to a residence permit. They are, however, is subject to different regulations under the Residence Law and other requirements will generally apply.

Spouses can get a residence title if their livelihood in Germany is secured. To this extent, the size of the fellowship or salary may be relevant. Unmarried partners will not be granted a residence permit unless they can provide their own reasons for staying in Germany.

In May, a German university intends to employ a researcher of South African nationality, who is currently resident in Italy, for a period of three to four years. However, as she will be sent, or rather, delegated to a research centre in Switzerland for the duration of her contract, she will not actually need to come to the German university. She will be resident in Switzerland. This raises some legal issues for us in respect of social security, tax and residence. In which state is she registered for tax and social security purposes? In which country does she acquire pension rights? How and where should she contribute towards her healthcare insurance? Does she actually need a German residence permit?

As a foreign national, you only need a work and residence permit for the country in which you reside in order to fulfil the obligations of your employment contract. The location of the employer's headquarters is irrelevant here. The researcher therefore only requires a residence permit for Switzerland and not for Germany. She is registered for tax, social security and healthcare insurance purposes in the country in which she carries out her employment, therefore in Switzerland. There is no requirement for her to be registered in Germany for tax or social security purposes. The German university should therefore pay her salary without deducting income tax.

The researcher is responsible for her own income tax affairs in Switzerland. In respect of social security it should be noted that she will be working for an employer not domiciled in Switzerland. Accordingly, the employee is responsible for the payment of any relevant social security contributions herself. In Switzerland this type of contribution is known as ANobAG ("Arbeitnehmer ohne beitragspflichtigen Arbeitgeber"). The salary should be paid to the researcher without deducting the employee’s social security contributions. The employer's share of the social security contributions that the employee is required to pay herself may be subsidised by an additional payment from the employer. Depending on the length of her employment in Switzerland, the researcher may acquire an entitlement to a Swiss pension.