Residence Act

§ 81 Application for the residence title

(1) In the absence of any provisions to the contrary, a residence title shall be issued to a foreigner only upon the foreigner concerned filing a corresponding application

(2) A residence title which may be obtained after entering the Federal territory in accordance with the statutory instrument pursuant to Section 99 (1), no. 2 shall be applied for immediately after entry or within the period stipulated in the statutory instrument. The application for a child born in the Federal territory who is not officially to be granted a residence title shall be filed within six months of birth.

(3) If a foreigner who is legally resident in the Federal territory and does not possess a residence title applies for issuance of a residence title, his or her residence shall be deemed to be permitted up to the time of the decision by the foreigners authority. If the application is filed late, deportation shall be deemed to be suspended from the time of application up to the time of the decision by the foreigners authority.

(4) If a foreigner tries to get a stretching of his title of stay before this is not valid any more, the title of stay does still count from the time of asking for a new one till the decision of the foreign department is made.

(5) The foreigner shall be issued a certificate confirming the effect of his or her application (provisional residence document).

 

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