Germany has strict security measures when it comes to immigration, visa applications, and residence permits. One of the key legal provisions governing security checks and data verification for foreign nationals is Section 73 of the Residence Act (AufenthG). If you’re applying for a visa, residence permit, or temporary suspension of deportation (Duldung), your data will be checked and shared with multiple authorities. But what does this mean for you? What rights do you have? How can you prepare?
At Jaberi Lawyers, we specialize in immigration law and are here to guide you through the complexities of Section 73 AufenthG. In this detailed blog, we will explain everything you need to know about how your data is verified, what security checks are involved, and what you should do to safeguard your rights.
What Does Section 73 of the Residence Act Regulate?
Section 73 AufenthG regulates the sharing of personal and security-related data between different government agencies in Germany. The goal is to identify any potential security concerns before granting or extending a visa or residence permit.
Key Points of Section 73 AufenthG:
- It allows data collected during visa applications, asylum procedures, and residence permits to be transferred to security agencies.
- The Federal Office of Administration (BVA) acts as a bridge, forwarding information to various security institutions.
- The focus is on public security—ensuring that no one who poses a threat enters or stays in Germany.
This means that anyone applying for a visa, residence permit, or protection status may have their personal and security-related data reviewed before a decision is made.
Who is Affected by Section 73 AufenthG?
This law applies to:
✔️ People applying for a visa, residence permit, or temporary protection (e.g., under Section 24 AufenthG).
✔️ Asylum seekers and refugees undergoing security screening.
✔️ Individuals supported by a declaration of commitment (Verpflichtungserklärung) in their visa process.
✔️ Foreign nationals whose residence permits are being extended.
Even if you are legally residing in Germany, your data may be reviewed and cross-checked if you apply for an extension or change in your status.
What Data is Collected and Transmitted?
The data-sharing process under Section 73 AufenthG includes both personal and security-relevant information:
Personal Identity Data: Name, date of birth, nationality, and place of birth.
Security-related Data: Information about criminal records, suspected extremist affiliations, or risks to public order.
Residence and Visa History: Details about past applications, rejections, deportations, or violations of immigration laws.
Financial Information: Whether the applicant has sufficient means to support themselves and prevent dependency on public funds.
The data is then shared with Germany’s key security agencies, including:
✔️ Federal Criminal Police Office (BKA)
✔️ Federal Intelligence Service (BND)
✔️ Federal Office for Migration and Refugees (BAMF)
✔️ Federal Office for the Protection of the Constitution (BfV)
✔️ Military Counterintelligence Service (MAD)
These institutions evaluate whether an individual poses any risk to Germany’s security or public order before approving their immigration status.
Security Concerns and Reasons for Rejection
Your application may be rejected if security checks under Section 73 AufenthG reveal:
⚠️ Threat to Public Safety: If an applicant is suspected of having ties to extremist organizations.
⚠️ Criminal Record: Previous convictions for serious crimes could result in visa refusal.
⚠️ Violation of Democratic Values: Those involved in anti-democratic activities may be deemed ineligible.
⚠️ Lack of Financial Stability: If an applicant cannot prove sufficient financial resources.
If authorities find such red flags, they may refuse a visa or revoke an existing residence permit. It is crucial to submit all required documents accurately and honestly to avoid unnecessary complications.
How Can You Defend Your Rights?
If you are notified that your protection status or visa application is under review due to Section 73 AufenthG, you have the right to respond. Here’s what you should do:
✅ Provide a Written Statement – Explain why you still need protection in Germany.
✅ Submit Supporting Evidence – Include documents proving your integration in Germany, such as employment contracts, tax statements, or education certificates.
✅ Document Your Risk Factors – If returning to your home country puts you at risk, provide reports from Amnesty International, UNHCR, or other human rights organizations.
✅ Legal Assistance – Seek professional help from immigration experts like Jaberi Lawyers to strengthen your case.
How Jaberi Lawyers Can Help You
At Jaberi Lawyers, we know how complex immigration security checks can be. Whether you are applying for a visa, renewing your residence permit, or facing a review of your protection status, we can support you with:
✔️ Legal advice on your rights under Section 73 AufenthG.
✔️ Help preparing documents to prove your eligibility.
✔️ Defending your case if your status is under review.
✔️ Appealing a rejection if your visa or residence permit has been denied.
Our team understands the challenges of immigration law, and we are here to ensure your case is handled fairly and professionally.
Contact us today:
Phone: +49 (0)40 413 499 87
Email: contact@jaberilawyers.com
Website: www.jaberilawyers.com
Final Thoughts
Understanding Section 73 AufenthG is essential if you are navigating Germany’s immigration system. The law ensures that all applicants undergo security screening, but it also means that even law-abiding individuals may face delays or complications.
Always submit complete and accurate documents.
Know your rights—you can defend your protection status.
Seek professional legal assistance to avoid unnecessary obstacles.
At Jaberi Lawyers, we are committed to helping you through every step of your immigration process. Let us guide you towards a successful application!
