§ 4 AufenthG: Requirement of a Residence Title

Are you a foreign national? Do you want to enter Germany or stay here?

Then you must have a residence title. A residence title is a document. It allows you to enter and stay in Germany. This is a legal obligation.

There are exceptions. In that case, you do not need a residence title. An exception applies if one of these three situations applies: European Union law provides otherwise. A German statutory ordinance (Rechtsverordnung) provides otherwise. You have a right of residence based on the EEC-Turkey Association Agreement. This is an agreement from 12 September 1963. It exists between the European Economic Community and Turkey.

There are different types of residence titles. Here is the full list: The visa. The residence permit. The EU Blue Card. The ICT Card. The Mobile ICT Card. The settlement permit. The permit for permanent residence – EU.

Note: A special rule applies to three of these residence titles. For the EU Blue Card, the ICT Card, and the Mobile ICT Card, the same rules apply as for the residence permit. There is an exception only if a law or a statutory ordinance (Rechtsverordnung) provides otherwise.

Do you have a right of residence based on the EEC-Turkey Association Agreement? Then you must prove this right. This is how you prove it: you hold a residence permit. This is your legal obligation.

Exception: You do not have to prove this if you already hold a settlement permit. You also do not have to prove it if you already hold a permit for permanent residence – EU.

Are you applying for this residence permit to prove your right of residence? Then the authority must issue you the residence permit. This is the authority's legal obligation.