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» Economics » Foreigner right » Topics begins with A » Aliens act (Germany)

Page modified: Tuesday, July 12, 2011 23:34:58

The German aliens act (AuslG) was passed 1965 and replaced 1990 by a new version. On 31 December 2004 this stepped repealed. The aliens act was replaced to 1 January 2005 by the new residence law (article 1 Zuwanderungsgesetz). The AuslG formed the two substantial elements in the German foreigner right together with the asylum proceeding law. To the aliens act an implementation regulation (DVAuslG) was issued.

Base data
Shortened title:Aliens act
Full title:Law over the entry and the stay of foreigners in the federal territory
Type:Federal law
Right subject:Administrative law
Range of validity:Federal Republic of Germany
Announcing day:9. July 1990 (BGBl. I 1990, P. 1354)
Current version:1. August 2004 (BGBl. I 2004, P. 1842)
Ausserkrafttreten:1. January 2005 (BGBl. I 2004, P. 1950)

The aliens act defines the foreigner as reversal conclusion from kind 116 GG, as that, which is not German. From the application of the aliens act the members of the consular and/or diplomatic service and persons, the liberality are excluded after that residence law/EEC enjoy (in particular union citizens) ("§ 3). For all foreigners, to whom this law is applicable, however passport obligation exists ("§ 4).


The stay in the Federal Republic of Germany is subject to approval after the aliens act. Therefore a residence permit in such a way specified is necessary, which is regularly limited. Usually the residence permit is bound to a residence purpose. On the other hand a residence permit without such a residence purpose can be expressed. Thus also the relatives are in particular the spouses entitled to enter into the Federal Republic. For this regularly a residence grant is expressed (only from temporary duration is). The foreigner for humanitarian reasons if the stay is to be permitted, then a residence power (on maximally 2 years) is expressed. After completion of the stay or omission of the residence reason the foreigner is obligated to leave the country. If the foreigner of the departure obligation does not follow, it can be pushed away, if it not when politically pursuing enjoys the protection from deportation. Endangers the foreigner the internal security and order of the Federal Republic of Germany can he be proven. But also so-called pushing away detention can be arranged, those in the context of the legal assistance of the penal institutions (competence: Ministries of Justice) for the respective ministries of the Interior to be executed.

It is linguistically remarkable that the law in "§ 91 A exp. 1 uses the generic Femininum during the service designation of the "Commissioners for Foreigners".

Penalty clauses

The bad entry, entering of fictitious marriages, in order to obtain by devious means a stay, the infiltration of foreigners, which is stay without permission, permission, grant or power with punishment reinforced. The regulations "§"§ of the 92-92b belong thereby to the Nebenstrafrecht.


With the Verabschiedung of the so-called Zuwanderungsgesetz and its entry into force a longer expected modernization of the foreigner right is expected. Thus the aliens act stepped to 1 January 2005 repealed and from the new residence law was replaced.


  • 40 years aliens act. In: analyse+kritik, No. 499/2005, page 9

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» Aliens act (Germany)
» Asylum compromise
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