Who May Lawfully Help With a German Residence Permit

Legal assistance with a German residence permit application is regulated. Under the Act on Out-of-Court Legal Services (Rechtsdienstleistungsgesetz, RDG), the independent provision of out-of-court legal services is not permissible unless it is permitted by one of the routes in section 3. A “legal service” is any activity related to the concrete affairs of others that requires a legal assessment of the individual case (section 2(1) RDG). Advising on a specific residence permit application will normally meet that definition. That means a non-lawyer cannot simply set up as an adviser on German immigration matters; they must fall within a permitted category, or the service must be genuinely free of charge and meet the conditions in section 6.

What the Legal Services Act actually regulates

The RDG regulates the authorisation to provide out-of-court legal services in Germany. Its stated purpose is to protect consumers of legal services, legal relations and the legal system against unqualified legal services (section 1(1)). It applies where a legal service is provided exclusively from another state only where the subject matter is German law (section 1(2)). Regulations in other laws about authorisation to provide legal services remain unaffected (section 1(3)), which is why the Lawyers’ Act (BRAO) and other professional rules sit alongside it rather than being displaced by it.

Section 3 sets out the default position: the independent provision of out-of-court legal services is not permissible unless it is permitted by virtue of the listed provisions of the RDG, or by virtue of, or on account of, other legislation. In practice, this means there is no general freedom to advise on a residence permit application for payment. The question is always which permission applies.

Lawyers and other authorised persons

The RDG is not the only source of authority. Section 3 expressly preserves authorisation arising from other legislation. Lawyers admitted in Germany are regulated under the Federal Code for Lawyers (Bundesrechtsanwaltsordnung, BRAO), and the German Federal Bar (Bundesrechtsanwaltskammer, BRAK) is the umbrella organisation of the 28 German regional Bars. The BRAK states that on 1 January 2026, 167,547 lawyers were admitted to the 28 regional Bars. Admission is therefore a checkable status, not a claim.

For a reader, the practical point is that the person advising must be able to point to a specific legal basis for doing so. A German-qualified lawyer can. A person relying on the RDG must be able to identify the provision that permits the activity. If neither can be identified, the service is not authorised under the RDG’s default rule.

What registration under section 10 does and does not cover

Registration under section 10 RDG is sometimes described as a general licence to advise on German law. It is not. Registration under section 10 is limited to the fields listed in that provision: collection services, pension consultancy, and legal services under foreign law. A person registered in one of those fields is registered for that field. Registration does not mean the person may advise on German residence law generally.

This distinction matters when you are assessing a provider. A registration number, on its own, tells you that the person is registered for a defined field. It does not tell you that the field covers your residence permit question. If someone presents registration as authority to advise on German immigration law, ask which field the registration covers and whether your matter falls within it.

Free advice: section 6 RDG

The RDG does permit legal services that are not related to any paid activity. Section 6(1) states that the provision of legal services which are not related to any paid activity is permissible (free legal services).

There is a condition. Under section 6(2), anyone who provides free legal services outside of family, neighbourly or similarly close personal relationships must ensure that the legal service is provided by a person who is permitted to provide legal services against payment, by a person who is qualified to hold judicial office, or under the instruction of such a person. Instruction requires induction and training oriented to the scope and content of the legal services to be provided, as well as involvement in the provision of the legal service insofar as this is necessary in the individual case.

So “unpaid” does not by itself make advice lawful. Outside close personal relationships, the free service must be delivered by, or under the instruction of, someone who is permitted to provide paid legal services or who is qualified to hold judicial office. A volunteer-run advice service that does not meet this condition is not covered by section 6.

Ancillary services and the section 9 bans

Section 5(1) allows legal services to be provided in connection with another activity if they are ancillary to a profession or activity. Whether a service is ancillary is assessed on the basis of its content, scope and material connection to the main activity, having regard to the legal knowledge required to perform the main activity. Section 5(2) treats services as permissible ancillary services when provided in connection with the execution of a will, property and housing management, or funding consultancy. Residence permit advice is not on that list, so a provider cannot assume that section 5 covers it.

Section 9 of the RDG contains bans. Those bans apply only to the persons and bodies that section 9 names. It is not accurate to say that any unauthorised provider can be banned under section 9. If you are trying to work out whether a particular provider is exposed to a ban, read section 9 and identify whether the provider falls within the categories it names.

Authorised representatives at the immigration office

Separate from who may give legal advice is the question of who may act for you in the administrative procedure itself. German administrative procedure law allows authorised representatives to act in proceedings before an authority. The scope of that authority, and any limits on it, are set by the Administrative Procedure Act (Verwaltungsverfahrensgesetz), in particular section 14. The RDG governs the provision of legal services; the Administrative Procedure Act governs representation in the procedure. They are different questions and should be checked separately.

When you appoint someone to deal with the immigration office on your behalf, confirm in writing what they are authorised to do, and check whether the authority requires the representative to hold a specific qualification for your type of matter.

How to check a provider before you instruct them

What to check	Where to check it
Whether the person is admitted as a lawyer in Germany	The relevant regional Bar; the German Federal Bar (BRAK) represents the 28 regional Bars
Whether the person relies on RDG registration, and for which field	The registration entry itself, read against the fields listed in section 10 RDG
Whether a free service meets the section 6(2) condition	Ask who provides the service and whether that person is permitted to provide paid legal services or is qualified to hold judicial office
Whether the person may represent you before the authority	The terms of the written authority, read against section 14 of the Administrative Procedure Act
Whether the activity is permitted at all	Section 3 RDG, read with the other legislation it preserves

Do not rely on a job title, an office address or a registration number alone. Each of those can be genuine and still not cover your matter.

What to do next

Ask the person who will advise you to identify, in writing, the legal basis on which they may provide the service. If they are a lawyer, that is their admission. If they rely on the RDG, ask for the specific provision. If the service is free, ask who provides it and how the section 6(2) condition is met.

Then verify the status yourself rather than accepting a description of it. For lawyers, check with the relevant regional Bar; the BRAK is the umbrella organisation of the 28 German regional Bars and publishes information about the profession. For RDG registration, read the entry against the fields listed in section 10. For representation before the immigration office, read the written authority against section 14 of the Administrative Procedure Act.

The official guidance does not settle every question. Where the statute does not resolve whether a particular activity is permitted, the correct step is to check the statute and, if the answer is still unclear, take advice from a person whose authority to advise is not in doubt.