§ 1 AufenthG: Purpose of the Act; Scope of Application

This section explains why the Residence Act exists and who it applies to.

The Residence Act controls and limits how foreign nationals move to Germany. The law enables immigration and shapes it. In doing so, the law takes into account how many people Germany can take in and integrate. It also takes into account economic interests and the situation on the labour market. At the same time, the law fulfils Germany's humanitarian duties.

For this purpose, the law regulates four things: entry into Germany, residence in Germany, employment, and the integration of foreign nationals. Rules in other laws remain unaffected by this. This means: other laws continue to apply in addition.

The Residence Act does not apply to all foreign nationals. There are three groups it does not apply to.

First group: for EU citizens, another law usually regulates their legal status — namely the Gesetz über die allgemeine Freizügigkeit von Unionsbürgern (the Act on the General Freedom of Movement of EU Citizens). The Residence Act therefore does not apply to these people. Exception: if another law provides otherwise, the Residence Act does apply to them after all.

Second group: according to sections 18 to 20 of the Gerichtsverfassungsgesetz (Courts Constitution Act), some people are not subject to German jurisdiction. The Residence Act does not apply to these people either.

Third group: people in the diplomatic and consular service, and staff of international organisations, may be exempt from certain duties under international treaties. They may be exempt from immigration restrictions. They may also be exempt from the duty to report their residence to the Ausländerbehörde (immigration authority). They may also be exempt from the duty to hold a residence title. This exemption only applies if there is reciprocity. This means: the other state treats German diplomats the same way. The exemption can also be made dependent on this reciprocity actually existing.