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What you sign with the Verpflichtungserklärung
For five years you are liable for public funds spent on your guest’s living expenses. The period starts when your guest enters Germany.
What the law says
Wer sich der Ausländerbehörde oder einer Auslandsvertretung gegenüber verpflichtet hat, die Kosten für den Lebensunterhalt eines Ausländers zu tragen, hat für einen Zeitraum von fünf Jahren sämtliche öffentlichen Mittel zu erstatten, die für den Lebensunterhalt des Ausländers einschließlich der Versorgung mit Wohnraum sowie der Versorgung im Krankheitsfalle und bei Pflegebedürftigkeit aufgewendet werden, auch soweit die Aufwendungen auf einem gesetzlichen Anspruch des Ausländers beruhen.Section 68(1) sentence 1 of the Residence Act (Aufenthaltsgesetz, German text)
In English: anyone who has given the immigration office or a German mission abroad a commitment to bear a foreigner’s living expenses must, for a period of five years, reimburse all public funds spent on those living expenses, including housing and care in case of illness or need of nursing care, even where the foreigner had a legal entitlement to them.
What you pay for
- Living expenses: food, housing, clothing and other basic needs.
- Illness and nursing care: including costs that a health insurance does not cover or that exceed its insured sum.
- Departure: if your guest is deported, you bear those costs too, such as travel, escort and detention pending deportation.
You pay even if your guest had a legal entitlement to the benefit. You do not have to reimburse benefits that are based on contributions.
For how long
Five years from the entry that your declaration made possible. The obligation ends earlier when your guest’s stay ends or when your guest receives a residence title for another purpose.
Within the five years it does not end because your guest applies for asylum, receives a residence title on humanitarian grounds or is granted international protection.
According to the federal guidance sheet, the five-year limit does not apply to the costs of a deportation.
How the state claims the money
The body that paid sends you a decision stating the amount. The immigration office informs that body of your commitment. The decision can be enforced.
Who can give the declaration
- You live in the district of the office. Munich, Cologne, Berlin and Stuttgart require your residence in the city.
- Your income is sufficient. People who receive benefits under SGB II or SGB XII, such as Bürgergeld or social assistance, do not get their creditworthiness confirmed.
- Without German or EU citizenship you need a residence title. Which titles are enough differs between cities: Berlin and Hamburg do not accept a Fiktionsbescheinigung, Stuttgart names it as a possible special case. Ask your office.
- Married couples can sign one form together. Both then come to the appointment.
What it means for the visa
The embassy sees from the declaration that the stay is paid for. It also examines whether your guest is likely to return, and requires travel health insurance with cover of at least 30,000 euros. The embassy decides on the visa.
Fee and time
The declaration costs 29 euros. No more than six months should lie between the declaration and the grant of the visa.
Can you take it back?
The Federal Foreign Office writes that the law does not provide for revoking a declaration of commitment. According to the federal guidance sheet, you can no longer withdraw from it once the visa has been granted.
An appointment for the declaration
If you cannot get an appointment at the immigration office, ask for it by letter.