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General

Foreigners who come to Germany are subject to certain specific regulations regarding residence. A foreigner here is anyone who does not have German citizenship.

Information: Note: The following is not valid for immigrants of German origin ("Spätaussiedler") returning to Germany, mostly from states in the former Eastern Bloc. These people are Germans according to the Basic Law. You can obtain detailed information from the German Representative for Immigrants of German Origin and National Minorities in Germany: Hyperlink: www.aussiedlerbeauftragter.de or at Hyperlink: www.bmi.bund.de.

The regulations regarding foreigners do not apply equally to all foreigners. The right of abode in Germany also depends on the nationality of the immigrant (for instance, citizens of the European Union) as well as on the reason for coming to Germany (for instance as a refugee, migrant worker or student).

A fundamental distinction is made between EU citizens ("Unionsbürger") and so-called "third-country nationals" ("Drittstaatenangehörige").

EU citizens are nationals from the other member states of the EU. EU citizens and their family members – even those who are third-country nationals – have special status under European law (see Cross-reference: EU Citizens and their Relatives). Citizens from Liechtenstein, Iceland and Norway enjoy as a general rule the same rights as EU citizens. Swiss citizens also effectively share the same rights as EU citizens.

Non-EU citizens or third-country nationals are citizens from all other states. The national Aliens Act ("Ausländergesetz") is generally valid for all these citizens (exceptions to the rule are Turkish citizens with valid work permits in Germany, who enjoy a special, privileged residence status due to bilateral treaties. An important distinction must be made in the group of third-country, non-EU citizens between foreigners who come to Germany to escape persecution and those who come for other reasons.

Information: Note: Citizens who come to Germany to escape persecution must apply for asylum to receive protection in Germany. During the asylum process certain restrictions are in place but asylum seekers are permitted to stay as long as the asylum process is ongoing. The following text does not address the process of seeking asylum. Information on matters regarding asylum is available at the Bundesamt für Anerkennung ausländischer Flüchtlinge (Federal Office for the Recognition of Foreign Refugees - Hyperlink: www.bafl.de), Pro Asyl (Hyperlink: www.proasyl.de) or at the advice centres of charitable organisations.

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