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Privileged Nationals in German Immigration Law (§ 41 AufenthV)

In German immigration practice, “privileged nationals” refers to citizens of a defined list of countries who, under § 41 of the Residence Ordinance (Aufenthaltsverordnung – AufenthV), may enter Germany without a visa even for long-term stays and apply for their residence permit from within the country. For most other non-EU nationals, a long stay first requires a national (D) visa obtained from a German mission abroad before travelling.

Which Nationalities Are Privileged? (§ 41 AufenthV)

Section 41 AufenthV distinguishes between two groups, set out in its first two subsections.

§ 41(1) AufenthV – visa-free entry for any purpose, including employment. This applies to nationals of:

Select a country above for a guide to the routes open to that nationality, including any Working Holiday or Youth Mobility programme and, where relevant, citizenship options.

For the United Kingdom, this route covers British nationals who are not already privileged under the Brexit Withdrawal Agreement (§ 1(2) no. 6 FreizügG/EU).

§ 41(2) AufenthV – visa-free entry on the same basis, but only for those who will not take up gainful employment (apart from the limited activities listed in § 17(2) AufenthV). This applies to nationals of:

  • Andorra
  • Brazil
  • El Salvador
  • Honduras
  • Monaco
  • San Marino

What the Privilege Means in Practice

The privilege is procedural: it removes the need to obtain a visa abroad before entering and allows the residence permit to be applied for inside Germany. In concrete terms:

  • You may enter Germany without a visa, even where the stay is for a long-term purpose such as work, study, or family.
  • You apply for the required residence permit at the local immigration authority (Ausländerbehörde) after arrival, rather than at a German embassy or consulate.
  • The application must be made within 90 days of entry (§ 41(3) AufenthV). You can stay in Germany until you receive a decision on your application, even if this is beyond your 90-day window. You may not work until you receive your residence permit.

Important Limitations

Section 41 removes only the prior-visa requirement; it does not relax the substantive conditions for the residence permit you ultimately need.

Employment should not begin until the residence permit authorising it has been issued. The § 41(2) group (Andorra, Brazil, El Salvador, Honduras, Monaco, and San Marino) may not take up gainful employment at all, apart from the exempt activities under § 17(2) AufenthV.

The visa-free route under § 41 does not apply where an ICT Card under § 19 AufenthG is sought (§ 41(4) AufenthV); those applicants must use the ordinary visa procedure.

Frequently Asked Questions

I am a US, UK, Canadian, Australian, Japanese, Korean, Israeli, or New Zealand citizen – can I move to Germany without a visa? Yes. Under § 41(1) AufenthV you may enter without a visa, even for a long-term stay that includes employment, and apply for your residence permit within 90 days of arrival.

Can I start working as soon as I arrive? No. You may enter and apply in-country, but you should generally wait until the residence permit authorising employment has been issued before starting work.

What about nationals of Brazil, Monaco, or San Marino? Under § 41(2) AufenthV they enjoy the same visa-free entry only if they will not work in Germany, apart from the limited activities under § 17(2) AufenthV. Those intending to work must obtain a visa in the usual way.

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Last reviewed: August 2026 — RAin Fiona Macdonald

© 2026 Fiona Macdonald Rechtsanwältin

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