Introduction

For most third-country nationals who wish to work or reside in Germany on a long-term basis, the process involves obtaining a national visa (Type D) followed by a residence permit. The German authorities explicitly state that anyone intending to enter Germany for the purpose of employment must obtain a residence permit in the form of a visa.

Only citizens of a few “trusted partner” countries, such as the United States, Canada, Australia, Israel, Japan, New Zealand, or South Korea, may apply for a residence permit after entering Germany without a visa. However, even they cannot start working immediately upon arrival. The German Federal Foreign Office emphasizes that a national visa must be obtained prior to travel if work is intended to commence immediately. For citizens of Türkiye and many other countries, the application must be submitted to the German embassy or consulate in their country of residence before entering Germany.

This article examines why initiating residence permit applications from one’s home country —such as Türkiye— is both advantageous and essential. It also highlights the legal framework, practical challenges, and the risks of starting the process directly in Germany.

1. The Relationship Between the Residence Permit and the National Visa

Anyone wishing to stay in Germany for longer than three months must obtain a national visa (Type D) that corresponds to the intended purpose of stay. This visa serves as a temporary residence permit, allowing the holder to reside in Germany and often to begin working or studying immediately. Upon arrival, applicants must register with the local immigration authority (Ausländerbehörde) to convert the visa into a long-term residence and work permit.

The Federal Foreign Office makes it clear: without a national visa, entry into Germany does not grant the right to work. This applies equally to nationals of visa-exempt countries and to those, like Turkish citizens, who require a visa to enter.

2. Advantages of Applying from Türkiye

2.1 Preparing Complete and Legally Valid Documents
The residence permit application requires numerous documents, such as a passport, biometric photos, lease agreement or invitation letter, diploma, and employment contract. Notarization, certified translation, and apostille procedures are often possible only in the applicant’s home country. Proper preparation of these documents is critical to avoid delays or rejection.

2.2 Managing Appointments and Processing Times
Appointments at German missions abroad are mandatory and waiting times vary by country. For example, securing an appointment in Türkiye for a job-seeker visa can take up to eight months, followed by 6–12 weeks of processing. Starting the application in Türkiye ensures a more predictable and organized timeline.

2.3 Right to Start Work Immediately
Even visa-exempt nationals must obtain a national visa to begin work in Germany. For Turkish citizens, without a national visa, neither employment nor a residence permit is possible.

2.4 Case Study
Last year, our firm assisted an engineer who wished to work in Germany. He gathered and legalized all documents in Türkiye, including translations and apostilles. After applying at the German Embassy in Ankara, his visa was approved within two months, allowing him to start work immediately upon arrival in Germany.

3. Risks and Challenges of Applying from Germany

3.1 Difficulty Obtaining Appointments – Appointments at immigration offices may take months.
3.2 Residence Registration Issues – Finding accommodation and completing the Anmeldung process can cause significant delays.
3.3 Malfunctioning Online Systems – Technical issues often extend waiting times by several months, especially in Berlin.
3.4 Work Ban and Financial Risks – Applicants cannot legally work until their permit is issued, leading to financial and legal risks.
3.5 Obligation to Return to Türkiye – In many cases, applicants are required to return to their home country to file the application, resulting in loss of time and resources.

Conclusion and Recommendations

For Turkish citizens and other third-country nationals seeking a German residence permit, initiating the application in their home country is not only legally required but also the most practical option. Preparing documents in advance, securing appointments on time, and being able to start work immediately upon arrival are the key advantages.

At Ceka Law Firm, we strongly recommend that our clients begin their residence permit process in Türkiye. We provide professional assistance in preparing documents, handling applications, and guiding them through every stage of the legal procedure.