Who May Lawfully Advise on German Immigration

Paid legal advice on a German immigration or residence matter may only be provided by someone whose activity is permitted under the Act on Out-of-Court Legal Services (Rechtsdienstleistungsgesetz, RDG). The RDG does not license an occupation of “immigration consultant”. It permits legal services either through a specific authorisation, such as that of a lawyer, or through a narrow ancillary or free-service route. Anyone offering paid help with a residence application should be able to say which provision allows them to do so.

What the RDG actually regulates

Section 1(1) RDG states that the Act “regulates the authorisation to provide out-of-court legal services in the Federal Republic of Germany” and that it “serves to protect the consumers of legal services, legal relations and the legal system against unqualified legal services”.

A “legal service” is defined in section 2(1) as “any activity related to the concrete affairs of others as soon as it requires a legal assessment of the individual case”. Advising on a specific residence application, or representing someone in it, normally meets that definition. General information about how a route works is a different activity from assessing an individual case.

Section 3 sets the default: “The independent provision of out-of-court legal services is not permissible unless it is permitted” by one of the listed provisions or “by virtue or on account of other legislation”. The permission must come from somewhere. It is not assumed.

The routes that permit paid legal advice

Section 3 RDG cross-refers to sections 5(1), 6(1), 7(1), 8(1), 10(1) and 15(1) and (2). For an immigration matter, the practically relevant routes are these.

Lawyers

A person admitted to the German Bar is authorised to provide out-of-court legal services on German law, including residence and immigration matters. The Federal Code for Lawyers (Bundesrechtsanwaltsordnung, BRAO) governs admission to the profession. A reader checking a provider should confirm the person’s admission with the relevant Bar association (Rechtsanwaltskammer).

Ancillary services under section 5

Section 5(1) permits legal services “in connection with another activity if they represent a service which is 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”. Section 5(2) lists three activities where legal services are regarded as permissible ancillary services: execution of a will, property and housing management, and funding consultancy. Immigration advice is not on that list, so an ancillary provider would need to show that the advice genuinely arises out of a different main activity and remains ancillary to it.

Free legal services under section 6

Section 6(1) permits “legal services which are not related to any paid activity”. Where free services are provided outside family, neighbourly or similarly close relationships, section 6(2) requires that the service is provided by a person permitted to provide legal services against payment, by a person qualified to hold judicial office, or under the instruction of such a person.

Registration under section 10

Section 10 RDG provides for registration in defined fields. Those fields are collection services, pension consultancy, and legal services under foreign law. Registration in one of those fields does not authorise advice on German residence law generally. A reader who is told that a provider is “registered” should ask which field the registration covers.

What the RDG does not do

Section 9 RDG contains bans on providing legal services. Those bans apply only to the persons and bodies that section names. It does not follow that any unauthorised provider can be banned under section 9.

Section 4 adds a separate restriction: legal services which might have a direct influence on the fulfilment of another obligation to perform may not be provided if this jeopardises the due provision of the legal service.

The RDG also does not settle every question a reader may have. It does not publish a list of approved immigration advisers, and it does not create a general immigration-adviser register. Where the statute is silent, the correct step is to check the specific authorisation the provider claims, not to infer one.

How to check a provider before you instruct them

The table below sets out what to ask and where to verify it.

What the provider claims	What to ask for	Where to verify
Admission as a lawyer	Name and admission details	The relevant German Bar association (Rechtsanwaltskammer)
Ancillary service under section 5 RDG	The main activity the advice is ancillary to	The provider’s own explanation, tested against section 5(1)
Free service under section 6 RDG	Whether any payment is involved	Section 6(1) and (2) RDG
Registration under section 10 RDG	The field of registration	Section 10 RDG and the registering authority
Some other authorisation	The statutory provision relied on	The text of the RDG itself

A provider who cannot name the provision they rely on is not in a position to demonstrate that the service is permitted. That is a factual observation about the statutory scheme, not a comment on any individual or firm.

Why the distinction matters for an applicant

The RDG’s stated purpose is consumer protection. A person who provides legal services without a permitted route exposes the client to advice that is not backed by the professional and regulatory framework that applies to authorised providers.

For an immigration matter, the practical consequences are concrete. Advice on a residence application involves a legal assessment of an individual case, which is exactly what section 2(1) describes. If the provider is not permitted to make that assessment, the applicant carries the risk.

It is also worth separating two things that are often confused. Information about how a route works in general is not the same as advice on your case. The RDG regulates the latter. A website, a hotline or a published guide can explain a procedure without providing a legal service, but once someone assesses your circumstances and tells you what to do, the authorisation question arises.

What to do next

Before instructing anyone on a German immigration or residence matter, ask which provision of the RDG permits them to provide the service. If they say they are a lawyer, verify admission with the relevant Bar association. If they say they are registered, ask which field under section 10. If they say the service is free, confirm that no payment is involved, because section 6(1) applies only to services “not related to any paid activity”.

The official text of the RDG is published on gesetze-im-internet.de, including an English translation. The BRAO, which governs admission to the legal profession, is published on the same site. Read the provisions that the provider relies on, and if a point is not settled by the statute, treat that as something to check with the competent authority rather than something to assume.