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STEP

Five years of liability: the scope in plain terms

The declaration covers more than accommodation and does not end on departure: § 68 AufenthG binds for five years from entry — including where your guest later receives a humanitarian permit.

✓ Verified: 17/08/2026

WHAT TO DO

AUTHORITY

Ausländerbehörde (ABH)

Municipal authority

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This is the step this route exists for above all. The word invitation sounds hospitable; what gets signed is an enforceable money debt.

Two figures nobody mentions

The scope. Not board and lodging but all public funds spent on subsistence — including housing, illness and long-term care, and even where your guest has a statutory entitlement to them.

The duration: five years from entry. Not until departure, not until the visa expires. A three-week visit creates a bond that outlasts half a childhood at nursery.

The sentence worth knowing before you sign

§ 68 (1) sentence 4 AufenthG states expressly that within those five years the declaration does not lapse through a humanitarian residence permit and not through a grant of international protection.

That is no edge case; it is the reason the sentence exists. These are exactly the situations in which public funds flow.

Anyone who knows this signs differently — not necessarily less often, but with open eyes.

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Details and tips
👨🏻‍💻
Max recommends:

I signed while thinking about three weeks of guests. That the bond runs five years from entry was in the text I had skimmed. Nothing came of it — but I have read forms to the end ever since.

👩🏼‍💼
Lea recommends:

For us the question resurfaced three years later, when our guest's status changed. Without the copy of the declaration and the proof of departure from back then, we could not even have reconstructed what it all referred to.


FREQUENTLY ASKED QUESTIONS

What exactly does the declaration cover?

§ 68 (1) sentence 1 AufenthG names all public funds spent on subsistence, including the provision of housing and care in the event of illness and long-term care needs — and it does so even where your guest has a statutory entitlement to them. Only expenditure based on contributions paid is excluded. That is considerably more than bed and board, which is what the word invitation brings to mind.

How long does the liability really last?

Five years. Under § 68 (1) sentence 3 AufenthG the period begins with the entry made possible by the declaration — not with its issue and not with the return journey. A three-week visit therefore creates a bond lasting five years. This period has applied since the 2016 amendment; older guides online often do not know it yet.

Does liability end if my guest later receives a residence permit?

Not in the cases the statute names expressly. § 68 (1) sentence 4 AufenthG is unambiguous: within the five years the declaration does NOT lapse through the grant of a residence permit under Chapter 2 Section 5 — the humanitarian permits — nor through the grant of international protection. Those are precisely the situations in which public funds flow, and that is why the sentence exists. For other categories of permit the statute states no express rule; anyone relying on that should clarify it with the authority before signing rather than after.

Can I withdraw the declaration?

The Residence Act provides no statutory withdrawal — the Federal Foreign Office points this out too, adding that it cannot guarantee a withdrawal would still prevent the visa being issued. The decision is therefore made before signing. Afterwards, all that remains is to keep the risk small: insurance for your guest, an eye on the return journey, documents kept on file.

Can the state actually collect this money?

Yes. Under § 68 (2) AufenthG the obligation is enforceable in line with the Administrative Enforcement Act, and the reimbursement claim belongs to the public body that spent the funds. The immigration office informs that body of the obligation. This is not a formality on paper but an enforceable money debt.

Does my guest's insurance protect me from liability?

It reduces the risk considerably, because medical costs are usually the largest item, and it is mandatory for the visa anyway. The declaration remains effective alongside it: wherever the insurer does not pay — excess, exclusion, pre-existing condition, cover limit exceeded — the question comes back to you.

OFFICIAL SOURCES