Can I enter Germany visa-free and apply for a residence permit there?

Checked on 2026-10-25

As a rule, no: Germany's Residence Act requires you to enter with the national visa for your purpose. The Residence Ordinance makes an exception for citizens of Australia, Canada, Israel, Japan, New Zealand, South Korea, the United Kingdom and the United States: they may enter visa-free and apply in Germany within 90 days of entry.

Key facts

What	The law says	Source
The general rule	A residence permit, EU Blue Card, ICT card, settlement permit or EU long-term residence permit requires entry with the required visa, with the relevant information already given in the visa application	AufenthG § 5(2), sentence 1
Visa for long stays	A national visa is required and is issued before entry	AufenthG § 6(3)
When the visa rule is set aside	It can be waived if you are entitled to the permit; it must be waived if catching up on the visa procedure is unreasonable because of special circumstances of your case	AufenthG § 5(2), sentence 2
Australia, Canada, Israel, Japan, New Zealand, South Korea, UK, USA	May enter and stay visa-free also for longer stays and apply for the residence permit in Germany	AufenthV § 41(1)
Andorra, Brazil, El Salvador, Honduras, Monaco, San Marino	The same, but only if you don’t intend to work (apart from activities listed in AufenthV § 17(2))	AufenthV § 41(2)
Deadline	Apply within 90 days of entry	AufenthV § 41(3)
Exception	Not for an ICT card	AufenthV § 41(4)
Other visa-free nationals	May apply in Germany if the entitlement to the permit arose after entry, except entitlements under AufenthG §§ 16b, 16e, 19e	AufenthV § 39 no. 3
While you wait	If you were lawfully in Germany without a residence title and apply, your stay counts as permitted until the decision	AufenthG § 81(3)

The general rule: visa first

The Residence Act (Aufenthaltsgesetz) requires that you enter Germany with the visa needed for your purpose and that you have already given the relevant information in the visa application (§ 5(2)). For stays longer than a short stay, this is a national (D) visa, which is issued before entry (§ 6(3)). Entering on a Schengen short-stay visa or visa-free and then applying for a residence permit is not the standard route.

The law allows two exceptions in § 5(2) itself: the immigration office can waive the visa requirement if you have a legal entitlement to the permit, and it must waive it if, because of special circumstances, it is unreasonable to make you go back and do the visa procedure.

Nationalities that can apply in Germany

The Residence Ordinance (Aufenthaltsverordnung) lets citizens of Australia, Israel, Japan, Canada, South Korea, New Zealand, the United Kingdom and the United States enter visa-free for a longer stay and get the residence permit in Germany (§ 41(1)). Citizens of Andorra, Brazil, El Salvador, Honduras, Monaco and San Marino have the same right only if they don’t intend to work, apart from the activities listed in § 17(2) of the ordinance (§ 41(2)).

In both cases you must apply within 90 days of entry. The deadline ends earlier if you are expelled or your stay is limited under § 12(4) of the Residence Act (§ 41(3)). The rule doesn’t apply to an ICT card (§ 41(4)).

Other visa-free nationals

Citizens of other countries whose nationals don’t need a Schengen visa (Annex II of Regulation (EU) 2018/1806) can apply in Germany only in narrower cases: they must be lawfully in Germany, and the entitlement to the permit must have arisen after entry. This doesn’t cover entitlements under §§ 16b, 16e or 19e of the Residence Act (AufenthV § 39 no. 3).

While the application is pending

If you are lawfully in Germany without a residence title, for example visa-free, and apply for one, your stay counts as permitted until the immigration office decides. If you apply late, the law instead treats your deportation as suspended from the application until the decision (AufenthG § 81(3)).

Fee for issuing a residence permit: €100 (AufenthV § 45 no. 1).

Sources

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.