Bundeseinheitliches Merkblatt zur Verwendung des bundeseinheitlichen Formulars der Verpflichtungserklärung zu § 68 i. V. m. § 66 und § 67 AufenthG - (englisch) (Seite 3)

For the credit risk assessment, the Federal Ministry of the Interior has set no specific income amount needed for persons submitting formal obligations; instead, the necessary income is to be determined based on the circumstances of the particular case. It must be possible to demonstrate objectively that sufficient resources are available to cover the foreigner’s living expenses, including the need for care in case of illness or need for long-term care, for the duration of the stay covered by the formal obligation, and any expenses arising in connection with the foreigner’s return. Here it should also be taken into account whether the person has already submitted other formal obligations covering the same period.

The assessment of creditworthiness must take into account the number of family members supported by the third party and the number of foreigners being invited.

When checking the creditworthiness of the third party, the protected earnings rates specified in Sections 850 ff. of the Code of Civil Procedure must be taken into account, because income below these amounts is exempt from attachment when enforcing obligations under Section 68 of the Residence Act. Legal maintenance obligations (Section 850c (1) second sentence, (2) and (3) Code of Civil Procedure in conjunction with the publication of protected earnings rates) must also be taken into account.

If the person’s income lies below the protected earnings rate, the aliens authority may require collateral in addition to the formal obligation (e.g. blocking notes on savings accounts, bank guarantees, a deposit to be paid into a custody account of the local authority) in order to avoid unreasonable hardship (e.g. in case of close relatives). If the collateral is secured in connection with an obligation under Section 66 (2) and Section 68 (1) of the Residence Act, this is to be noted on the formal obligation. The sum of money or the savings account passbook must then be provided by another party due to the insufficient creditworthiness of the person submitting the formal obligation. In cases where, due to earlier visits, the aliens authority has no doubt regarding the reliability of the person submitting the formal obligation, because this person was always able to substantiate his/her creditworthiness, it is possible to waive the requirement of collateral.

The person submitting the formal obligation is required to cover the cost of providing supporting documents needed by the aliens authority.

When determining creditworthiness, the monthly expenses of the person submitting the formal obligation must also be taken into account (e.g. rent, mortgage debt, running costs, possible debts, insurance payments, maintenance obligations, etc.).

It is also necessary to check whether there is sufficient living space to accommodate the foreigner (Section 2 (4) Residence Act). Without prejudice to provisions of Land law, sufficient living space is defined as twelve square metres of space for each family member over age six and ten square metres of space for each family member under age six, with adequate access to shared kitchen, bath and toilet facilities. The availability of sufficient living space can be demonstrated by presenting a rental contract or official copy of an entry in the land register. Living space requirements are to be checked in relation to the planned length of stay. For short visits, it is not necessary to assess the living space of the person submitting the formal obligation.

In the case of newly established companies that do not have financial statements, appropriate documents may be presented, in case of doubt a tax notice from the tax office, to assist with the credit risk assessment. Another possibility would be presenting a tax auditor's certificate indicating that no taxes are currently owed or to be expected in future.

Persons submitting a formal obligation who are receiving benefits under the Social Code Book II or XII cannot be certified as creditworthy.

Information concerning identity, addresses and identity documents of the person submitting a formal obligation and the foreigner, as well as any accompanying family members is to be entered on the front of the form.