Declaration of invitation & commitment

Special feature

If the foreigner is able to support themselves, it is not necessary to submit a declaration of commitment.

The declaration of sponsorship is also unnecessary if the person making the declaration is obliged to support the foreigner in accordance with the German Civil Code (BGB) (e.g. spouses for each other or parents for underage children). In these cases, an informal letter of invitation submitted to the diplomatic mission abroad is sufficient.

Consequences of making use of a declaration of commitment

If public funds are spent on the foreigner during the stay, the person declaring the obligation to provide a letter of guarantee is liable to pay the costs.

The following costs may be incurred, for example

• Costs for living expenses (food, clothing)
• Costs for accommodation (private, in a hotel or in accommodation provided by a public body)
• Costs for care in the event of illness (doctor, medication, hospital)
• Costs for the need for care (nursing home or other medical treatment)
• Costs for entering and leaving the country (flight ticket or other transportation costs)
• Costs for the preparation and implementation of deportation, removal, refoulement and the enforcement of territorial restrictions (detention costs and security escort)

Duration of liability

Liability exists for a period of five years from the date of entry or, in the case of foreign nationals already residing in the federal territory, from the date of issue of the residence permit in the federal territory and also includes periods of possible illegal residence. Liability ends before the expiry of five years upon departure or if a residence permit is issued for a different purpose.

Liability does not expire before the end of the five-year period if an application for asylum is filed. This also applies if the asylum procedure is positively concluded with the recognition of asylum, the granting of refugee status or subsidiary protection or if another residence permit is granted for reasons of international law, humanitarian or political reasons.

The person making the declaration of commitment is liable for an unlimited period of time for costs incurred as a result of the enforcement of a territorial restriction, rejection, deportation or removal (cf. Section 66 (1) AufenthG).

Prerequisite for the declaration

• The person declaring the obligation must appear in person (no possibility of representation).
• As a rule, the person declaring the obligation must be registered in Jena as their main place of residence.
• The foreign person declaring the obligation must be in possession of a residence permit.
• The legal entity (company/enterprise) must have its registered office in Jena.

Further information

As a rule, only one foreigner is entered on the form. Families (the foreigner and his/her accompanying spouse and their children up to the age of 18) are an exception. These can be entered on one form if they are entering the country together.

The declaration of commitment is generally issued and handed over to the person declaring the commitment at the appointment. The person declaring the obligation then sends the declaration of obligation to the foreigner. The foreigner then goes to the German diplomatic mission abroad and applies for a visa.

As a rule, the declaration of commitment can be used for the visa procedure at the German diplomatic mission abroad for up to six months after it has been issued. The respective German diplomatic mission abroad decides whether to recognize the declaration of commitment and issue the visa.

The Immigration Office of the City of Jena has changed its processing procedures. In order to shorten waiting times for appointments and residence permits, all applications will in future be checked without a personal appointment. It is therefore no longer necessary to book a personal appointment.

Please send us the relevant application forms and all necessary documents either by post or electronically by e-mail to: antrag-abh@jena.de.(link sends email) Please do not send us any original documents.

We will contact you directly if we have any queries. Therefore, please make sure that you can be contacted by post or, if necessary, by e-mail or telephone if you have any queries.

If a personal appointment is necessary after final examination of your application, you will receive an appointment from us at short notice.

• Presentation of the signatory's identity card / passport as proof of identity
• In the case of a legal entity (company/enterprise), the signatory must also provide proof of their power of representation in the form of a current extract from the commercial register
• Current original proof of creditworthiness of the signatory (e.g. salary or wage statement, pension statement, for self-employed persons tax statement or certificate from the tax advisor for profit determination)
• Details of the foreigner (information sheet & form)
• If applicable, declaration of consent to the storage and use of your e-mail address and telephone number

• Law on the residence, employment and integration of foreigners in Germany (Residence Act - AufenthG)
• Residence Ordinance (AufenthV)