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Immigration & Residence Law

Obtaining a German Residence Permit as an Israeli Citizen

A Jew is just like anyone else,

only more so.

Conditions for Family Reunification

For family reunification in Germany, applicants generally need to prove sufficient income, adequate housing and, for spouses, a basic A1-level language certificate (§ 30 AufenthG).

Arnold Forster

Foreigners who have firmly decided to emigrate most often choose territories with a strong economy, a high level of social protection for citizens, and well-developed relations with other states. Much of the Eurozone fits this description, with a strong lean toward the founding countries of the European Union. A German residence permit is precisely what most migrants are aiming for when they set their sights on this part of the continent.

A residence permit in a country is a document that legalizes a foreign citizen's status within a given territory, allowing them to stay there for a certain period of time and enjoy most of the same rights as local residents.

The types and conditions for obtaining a German residence permit are defined by law:

completing a course of study;

business immigration or employment. With an employment contract, a candidate receives a residence permit for a period of 1 to 3 years;

the EU Blue Card (Blaue Karte). This type of immigration applies only to highly qualified professionals with a certain level of income;

family reunification and marriage. Neither of these routes requires a high level of German proficiency or that the reuniting spouse already have a job. To rely on marriage as the basis for obtaining a German residence permit, it must be shown that the spouse residing in Germany has a sufficient level of income (unless that spouse is a German citizen) and sufficient living space for the whole family. That spouse, in turn, need not yet hold German citizenship either, and may simply hold a permanent or temporary residence permit.

Note that, as a general rule, a residence permit cannot be obtained simply by purchasing real estate in Germany. That said, owning property does significantly increase the chances of obtaining a long-term residence permit.

The Jewish people are one of the most widely scattered peoples in the world. They can be found everywhere, largely as a result of the persecution that took place, in particular, in the 1930s and 1940s in Germany and its allied countries. Since then, and over many years, the reverse process has been underway — Jewish immigration to Germany. To allow the descendants of persecuted Jews to return to their ancestral homeland, the Federal Republic simplified this process, and established a special admission procedure for permanent residence for Jews from the USSR and the former Soviet republics. Within Germany, they are issued an unlimited residence permit and a work permit.

That said, by no means can every Jew from a former Soviet country immigrate to the Federal Republic. In particular, people from the Baltic states are excluded from this right. This is because the Baltic states joined the European Union in 2004, so Jews originating from those countries lost their right of admission to Germany. The regulation on admitting Jewish migrants also excludes people who have already relocated through repatriation to other countries, such as Israel or the USA. So, for instance, moving permanently to Germany from Israel under the "Jewish emigration" program is no longer possible. Nevertheless, thanks to the friendly relations that have developed between countries and under the terms of concluded international agreements, citizens of certain countries enjoy an advantage when moving to Germany. Among these privileged countries are the USA, Australia, Japan, and Israel. As a result, for example, Israeli citizens may enter the Federal Republic visa-free for up to 90 days. Moreover, unlike citizens of Russia or Ukraine, they don't need to return to their home country in order to obtain a German residence permit. They can apply for a residence permit without ever leaving Germany — if, say, having come to Hamburg for a three-month holiday, they "happen" to find a job or a spouse.

A client — let's call him Mark — came to our law firm for legal help. He had moved to Israel from St. Petersburg about 25 years ago, as a child, together with his parents. There he finished school, served in the army, earned a higher education degree at one of Tel Aviv's prestigious technical universities, and got a job as a manager at an international company that manufactures and sells medical equipment. His work required him to travel a lot, including around Europe. At a medical-equipment trade fair in Düsseldorf, where he was representing his company, he met a Ukrainian citizen named Victoria (name changed). Victoria, who had immigrated to Germany under the Blaue Karte program, was working as a surgical assistant at a German clinic. The two of them quickly discovered they had plenty to talk about. They started writing to each other and talking on the phone regularly, and eventually began spending vacations and holidays together. The relationship developed quickly, and the two of them realized it was time to decide which country they would live in together going forward. Israel, of course, has the advantage of packing into one small nation everything that other countries are loved for individually. But Victoria, who had already grown used to an economically stable, largely safe, and socially secure Germany, was afraid to move to a small, highly colorful country where Eastern and Western cultures blend together in such a remarkable way. Mark, for his part, had long been thinking about moving to Europe even before he met her, and although he loved Israel — where his parents lived — very much, he chose not to argue with the woman he loved and, after carefully weighing everything, decided to move to Germany. The couple soon got married, formally legalizing their relationship. Mark had already begun preparing for the move and had wrapped up all the projects he had started in Tel Aviv. All that remained was to sort out the residence permit for the newly married spouse.

Victoria knew the lawyers at our firm well, since we had previously helped her successfully obtain a residence permit under the Blaue Karte program (§19a Aufenthaltsgesetz). Knowing how the German bureaucratic machine operates, she understood that the outcome of her husband's case, as well as the length of the residence permit he might receive, would depend on how complete the package of documents submitted to the foreigners' authority (Ausländerbehörde) was. We were delighted to see Victoria at our door again, accompanied by her husband this time, especially with such good news to share. Our firm's lawyer specializing in migration matters immediately began preparing the set of documents needed for Mark to obtain a German residence permit under the "family reunification" program. He compiled an exhaustive set of documents confirming Victoria's stable, high income, more than sufficient housing in the city center, and Mark's German language proficiency at a level sufficient for rapid integration into German society. What's more, our client had already spoken with the head of his company's Düsseldorf branch, and although he did not yet have a formal job offer in hand, he had successfully completed an interview and had every reason to expect he would receive an offer soon. We included this information in the cover letter prepared for the Ausländerbehörde as well. All of these documents, along with everything else required, were carefully compiled so as to ensure our client would be issued a long-term residence permit in Germany. The good news wasn't long in coming: Mark received the long-awaited residence permit — not for just one year, as is often the case, but for three. He was free to move to Germany and start working.

We hope to maintain a partnership with this young couple going forward. We will, of course, remain at their disposal in the future and will support them in resolving important legal matters such as obtaining permanent residence in Germany, and later citizenship, drawing up a marriage contract, or concluding major transactions. After all, the effective assistance of a highly qualified, experienced specialist guarantees success in any case, no matter how complex.

Immigration & Residence Law

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