Immigration Law

Immigration, Residence and Nationality Law

Legal advice on residence, migration and cross-border matters

Cross-border situations often involve several areas of law at the same time. Immigration and residence law may be closely connected with family law, employment law and nationality law.

Marriage to a foreign national, separation or divorce, taking up employment in Germany or applying for German citizenship may each raise separate questions concerning residence and nationality.

For this reason, the different legal aspects should not always be considered in isolation. A change in family circumstances may affect a person's residence status, while the existing residence status may be relevant to family or employment-related matters.

I advise and represent clients in German immigration, residence and nationality law, taking into account the connections with other areas of law relevant to the individual case.

Independent right of residence after marriage

Residence in Germany may be based on marriage or a family relationship with a German or foreign national.

Following separation, the question may arise whether and under what circumstances a person's right of residence can continue independently of the marital relationship.

Whether an independent right of residence after marriage or separation exists depends on the individual circumstances and the applicable statutory requirements.

Early legal advice can be particularly important where separation is being considered or has already occurred and there is uncertainty about the residence-related consequences.

Residence permit after separation or divorce

Separation or divorce may have significant implications for the residence status of a foreign spouse.

Depending on the circumstances, questions may arise as to whether the existing residence permit continues, whether an independent right of residence has arisen or whether another residence status may be available.

The assessment may depend on factors such as the duration of previous residence, the existing residence title, the family circumstances and other individual factors.

Early legal advice can help clarify the potential consequences of separation or divorce for continued residence in Germany.

Residence permits for employees

Taking up employment in Germany can also raise immigration and residence law issues.

Depending on nationality, qualifications, employment and individual circumstances, different requirements may apply to obtaining or extending a residence permit for employment.

I advise on questions concerning residence permits for employees and the residence law requirements for employment in Germany.

Employing foreign workers

For employers, employing foreign workers may involve not only employment law but also immigration and residence law.

Before employment begins, it may be necessary to determine whether the individual is permitted to work in Germany, which residence title is required and whether specific requirements apply to the intended employment.

Early legal advice can help employers take residence law requirements into account during the recruitment and hiring process.

Employment Law and Immigration Law

For foreign employees, employment law and residence law may be closely interconnected.

Termination of employment, changing employers, changing the nature of employment or losing a job may, depending on the residence status, raise additional residence law issues.

Conversely, the existing residence title may determine whether a person is permitted to take up or continue particular employment.

In cross-border situations, it can therefore be important to consider both the employment law and residence law aspects of the matter.

Family Law and Residence Law

There is also a close connection between family law and residence law.

Marriage, the birth of a child, separation or divorce, as well as questions concerning parental responsibility and contact rights, may have implications for the residence status of foreign family members.

Particularly in cases involving separation or divorce, it may therefore be important to consider not only the family law consequences but also the potential effects on the individual's right to remain in Germany.

German Nationality and Naturalisation

Another area of practice is German nationality law.

Persons seeking to acquire German citizenship must meet statutory requirements. Depending on the individual case, factors such as previous nationality, lawful residence in Germany, family circumstances and personal and economic integration may be relevant.

I advise on the acquisition of German citizenship and naturalisation under German law, assessing the requirements applicable to the individual case.

Cross-Border Matters – Considering Different Areas of Law Together

International situations frequently involve several interconnected areas of law.

Examples include:

marriage to a foreign national
family reunification and residence
separation or divorce and its effects on residence status
birth of a child and nationality issues
employment of foreign workers
change of employer and residence status
naturalisation and existing nationality
family law matters with a foreign element
employment matters with an international dimension

In such cases, considering individual legal issues in isolation may not provide a complete picture. The aim of the legal advice is therefore to identify the relevant areas of law and consider their interaction in the individual case.

Cooperation with Notaries and Lawyers in Other Jurisdictions

In cross-border matters, we work closely with notaries and qualified lawyers in other jurisdictions.

This allows legal issues involving more than one country to be coordinated where appropriate. Our advice and representation are provided on the basis of German law. Where questions of another country's law arise, cooperation with specialised lawyers practising in that jurisdiction may be appropriate.

Individual and Confidential Legal Advice

Immigration, residence and nationality matters can have significant consequences for a person's private and professional life. At the same time, the applicable requirements often depend on numerous individual circumstances.

Early assessment of the individual situation can therefore be particularly important.

I explain the legal framework relevant to your circumstances and assist you in understanding your legal options and possible next steps.

Please contact me to arrange a personal consultation.

In person in Düsseldorf or digitally – in German, English or Russian.