Declaration of Commitment

In order to obtain a visa for a short stay (Schengen visa or C visa), applicants must prove that they have sufficient means of subsistence for the duration of their intended stay and the return journey or are in a position to lawfully acquire these funds in Germany. 

If the person does not have sufficient funds of their own, a person residing in the territory of the Federal Republic of Germany or an organisation can submit a declaration of commitment to the local foreigners' registration office. This declaration of commitment is usually submitted using a standard federal form, which must then be presented to the diplomatic mission. In individual cases, informal declarations of commitment may be accepted when they are submitted by well-known German companies and organisations. 

A declaration of commitment is a guarantee for the cost of living, provision of housing, care in the event of illness or where the need arises for long-term care and any costs that may arise in the event of deportation for a period of five years from entry. This also applies if the invited person seeks asylum.  

The declaration of commitment should be submitted no more than 6 months after the visa application, as the financial circumstances of the obligor may change. 

Even persons who are in possession of a visa or who are exempt from the visa requirement for short stays may be asked upon entry into the Schengen area whether they have sufficient funds (see here). In these cases, proof of sufficient funds can then also be provided with a declaration of commitment. 

In individual cases, a declaration of commitment can also be used to prove that you have sufficient means of subsistence in order to obtain a residence permit for a longer stay (e.g., as a student). 

The diplomatic mission will ask the applicant to submit proof of income (statements of earnings, pension payments, alimony payments), bank statements and proof of other assets (e.g., real estate).  

The diplomatic mission may exercise a margin of discretion in assessing the value of the evidence submitted, taking into account local circumstances. If the diplomatic mission has doubts about the independent funding for the planned stay, it can also request a declaration of commitment. 

In addition to assessing the applicant's ability to secure a living, the economic background of the applicant is also of great importance when assessing the applicant's willingness to return to their home country. The above documents should therefore be submitted even if a declaration of commitment is available. 

In order to issue a declaration of commitment, natural persons are required to provide credible proof of sufficient regular income or corresponding savings. This proof may include pay slips, pension statements or, for the self-employed, tax returns or a current certificate issued by a tax advisor (information from the LEA Berlin regarding the amount of income/savings required - only available in German). 

Organisations or companies can also demonstrate their financial standing by submitting tax returns, proof of assets or confirmation from a tax advisor. In the case of well-known organisations or companies, an informal declaration may suffice and the requirement for further substantiation of financial standing may be waived. 

In addition, an excerpt from the commercial register or the register of associations and, if applicable, the business registration should be submitted showing the representative's authority to represent the company. In some cases, a letter of invitation on the company letterhead is required when submitting the declaration of commitment.

The person or organisation that has issued a declaration of commitment is liable for the cost of living, provision of housing, care in the event of illness or where the need arises for long-term care and any costs that may arise in the event of deportation for a period of five years from entry.  

This means that any state benefits provided to the beneficiary for the purposes outlined above can be claimed back from the person who made the declaration of commitment. The liability applies regardless of whether the project has been completed. The liability risk for partnerships and corporations is governed by corporate law provisions.  

Examples: 

• If the declaration of commitment is submitted by a partnership under the German Civil Code (GbR), the partners are liable as joint debtors (even after the dissolution of the GbR).  

• If the declaration of commitment is submitted on behalf of a limited liability company (GmbH) or a registered association (e.V.), the liability is limited to the assets of the company or association.  

• If the declaration of commitment is submitted by the partners themselves (i.e. not as authorised representatives of a limited liability company or registered association), only the partners are liable. 

• If a registered association receives project funding as a sponsor and the executive board issues a declaration of commitment on behalf of the registered association, the registered association is liable with the association's assets. The funding provided is not limited to the project funding. 

Whether the authorities accept the declaration of commitment from a limited liability company or registered association as proof of a secure livelihood depends on the credibility of the company's or association's financial standing.  

If different purposes of stay are planned, several declarations of financial responsibility (e.g., for accommodation, meals, travel expenses) or lawfully (!) earned fees (see here) may be sufficient to prove that the livelihood can be secured independently, meaning that it is not necessary to submit a declaration of commitment. 

The letters of invitation from various inviting parties also play an important role in assessing the plausibility of the purpose of the trip. 

Submitting several declarations of commitment is neither necessary nor useful: several sponsors are jointly and severally liable for all costs of a stay for up to five years. This means that the full amount of the costs incurred can be claimed from any of them. However, the total reimbursement costs can of course only be claimed once. In relation to the other "guarantors", the joint and several debtor who has been called upon to pay back the costs may be entitled to reimbursement from the other "guarantors". 

An invitation must always be separated from the question of a declaration of commitment. An invitation can be used to prove the purpose of the trip and may in principle also include a partial declaration of financial responsibility, e.g., with regard to accommodation, meals, travel costs. Nevertheless, this does not constitute a declaration of commitment covering all costs. 

Whether the diplomatic mission requires a declaration of commitment to be submitted in addition to an invitation and partial assumption of financial responsibility depends on whether the applicant also has funds of their own available to cover the remaining living and travel expenses.  

If the sponsor of a (publicly funded) project issues a declaration of commitment, the sponsor is fully liable for the costs of living, provision of housing, care in the event of illness or where the need arises for long-term care and any costs that may arise in the event of deportation for a period of five years from entry.

Funds that can be lawfully acquired by working in Germany must be taken into account when assessing the means of subsistence for the planned stay.  

However, a Schengen visa generally does not entitle the holder to pursue gainful employment. Only certain activities are not considered gainful employment under residence law and are permitted during a stay in the Federal territory (more informations here).

If the diplomatic mission concludes that the intended activity is not permitted, the visa will be denied due to "danger to public security and order". 

The question of whether the funds the individual expects to lawfully earn in Germany are sufficient for the diplomatic mission or whether additional savings or a declaration of commitment are required is decided on a case-by-case basis. 

The validity period of a Schengen visa (specific stay, 90-day or multi-year visa) cannot usually be influenced by the duration of a declaration of commitment, but depends primarily on whether visas issued for short periods in the past have been used without any problem. If this is the case, a Schengen visa can be issued for a total of up to five years. In these cases, the stay is still limited to 90 days within any 180-day period.  

Provided that the applicant meets the requirements for a multi-year visa, such a visa can be granted even if the declaration of commitment does not explicitly refer to the entire validity period of the visa. In the case of multiple-entry visas, proof of funding for both the trip and the stay need only be provided for the first planned trip. However, a check may be carried out at the border inspection post for each entry to determine whether the applicant's livelihood is secured (see here). 

Even if the individual enters the country with a visa, the border police will check upon entry into the Schengen area whether the entry requirements have been met. In addition to holding a valid visa, these requirements stipulate that the purpose of the trip (short stay) must be credibly demonstrated, that travel health insurance coverage must be in place, that the individual has bought a return ticket and that the funds they are carrying are sufficient to cover the costs of the stay.  

You should be able to prove that you have funds in the amount of at least 50 euros per day of your planned stay in Germany. This proof may also be provided by presenting a credit card with a corresponding credit limit. 

If your own funds are not sufficient, you may present a declaration of commitment or declaration of (partial) financial responsibility issued by the inviting party.