§ 19f AufenthG: Grounds for Refusal for Residence Titles under Sections 16b, 16c, 16e, 16f, 17, 18d, 18e, 18f, 18g and 19e

§ 19f Residence Act – When are certain residence titles refused?

This section lists the reasons why certain residence titles are refused. It concerns residence titles under § 16b, § 16c, § 16e, § 16f, § 17, § 18d, § 18e, § 18f, § 18g and § 19e.

These four reasons always exclude you (paragraph 1)

For a residence title under § 16b paragraph 1 and 5, § 16e, § 17 paragraph 2, § 18d, § 18g or § 19e, the following applies: it is prohibited if one of the following four points applies to you – the authority may not then grant you the residence title. This is not a discretionary decision, but a duty: the authority must refuse the application.

1. You are staying in another EU member state under a temporary protection scheme. Or you have submitted an application for temporary protection there.
2. Your deportation was suspended in another EU member state. This can be for factual or legal reasons.
3. You hold an EU long-term residence permit. Or you hold a residence title granted to you by another EU member state on the basis of an EU directive on long-term residence.
4. You have a right to free movement of persons through an agreement between the EU and a third country. This right is as strong as the right of EU citizens.

Additional reasons for the EU Blue Card (paragraph 2)

For the EU Blue Card under § 18g, in addition to the four reasons from paragraph 1, five further reasons apply. Here too: this is not a discretionary decision, but a duty. The authority must refuse the EU Blue Card:

1. You have submitted an application for international protection in another EU member state. A final decision on this application has not yet been made.
2. You hold a residence title under Section 5 of this Act that is not based on § 25 paragraph 1 or 2. Or you have a comparable legal status in another EU member state.
3. You have applied for such a residence title or a comparable legal status. A final decision on this application has not yet been made.
4. Your entry into an EU member state is subject to obligations from an international trade agreement. This agreement makes entry easier for certain groups of business people and investors. An exception applies to intra-corporate transferees who are staying in an EU member state as part of an intra-corporate transfer.
5. You fall under EU Directive 96/71/EC of 16.12.1996 on the posting of workers in the framework of the provision of services. This reason applies only for the duration of your posting to Germany.

Additional reasons for certain residence permits (paragraph 3)

For a residence permit under § 16b, § 16e, § 17 paragraph 2, § 18d or § 19e, in addition to the four reasons from paragraph 1, two further reasons apply:

1. You have submitted an application for international protection in another EU member state on which a final decision has not yet been made. Or you already enjoy international protection in another EU member state.
2. You have applied for an EU Blue Card under § 18g. Or you have submitted an application for a comparable residence title in another EU member state.

When can the authority refuse the application? (paragraph 4)

For an application for a residence permit under § 16b, § 16e, § 16f, § 17, § 18d, § 18f or § 19e, the following applies: the authority can refuse your application if one of the following six reasons is present. This is a discretionary decision – the authority decides case by case. Reasons 1 to 5 relate to the receiving establishment, meaning the business or institution where you want to work. Reason 6 concerns you yourself:

1. The receiving establishment was founded mainly to make it easier for foreign nationals to enter and stay for this purpose.
2. Insolvency proceedings have been opened over the assets of the establishment. The aim of these proceedings is to dissolve the establishment and wind up its business operations.
3. The establishment has already been dissolved as part of insolvency proceedings. Its business operations have already been wound up.
4. Insolvency proceedings over the assets of the establishment were refused for lack of assets. Its business operations have been discontinued.
5. The establishment does not carry out any business activity.
6. There is evidence or concrete indications that you will use your stay for other purposes. This means: for purposes other than the ones for which you applied for the residence permit.

Refusal by the Federal Office for Migration and Refugees (paragraph 5)

For entry and stay under § 16c or § 18e, the following applies: the Federal Office for Migration and Refugees must refuse the entry and stay if one of the following four reasons is present.

1. The requirements of § 16c paragraph 1 or § 18e paragraph 1 are not met.
2. The submitted documents were obtained fraudulently. Or they were falsified or manipulated.
3. One of the six reasons for refusal from paragraph 4 is present.
4. There is a deportation interest (Ausweisungsinteresse) against you.

For reasons 1 and 2, the refusal must take place within 30 days. This time limit begins when the Federal Office for Migration and Refugees has received the complete notification under § 16c paragraph 1 sentence 1 or § 18e paragraph 1 sentence 1.

For reason 4, the deportation interest, the immigration authority (Ausländerbehörde) may refuse at any time during your stay. This applies at any point in time, not only at the start of your stay. Another provision, § 73 paragraph 3c, applies accordingly here.

The authority must give notice of the refusal in writing. It must inform you of this. It must also inform the responsible authority of the other EU member state. And it must inform the establishment that made the notification under § 16c or § 18e.