Immigration to Germany

Introduction to Immigration to Germany

Starting in 2005, Germany is making a greater attempt to encourage highly skilled workers to move to Germany. While low skilled workers will still find it difficult to gain permission to work in Germany, highly skilled workers should find it easier to gain permanent residency. The professions most in need are natural scientists (biologists, chemists, physicists) engineers, professors and scientific personnel in high technology areas. Because of the great difficulty of obtaining work permission for unskilled workers, we only cover the procedure for skilled workers.
The new German Immigration Act, which came into force on 01 January 2005, provides for highly qualified persons to be granted permanent residence and permission to work from the outset, rather than five-year work permits as was previously the case. They must have a concrete job offer and get permission from the German Employment Agency. The new law also makes an attempt to reduce bureaucracy. Would-be immigrants will now report to one central place, most likely the German embassy in their home country, to receive work and residency permission.
Family members who enter Germany with highly skilled workers who have obtained a visa, or family members who join them later in Germany, can obtain the right to work in Germany as well, which should also make it easier for families to decide to move to Germany.
Another entirely new development in Germany will be regarded positively by foreign students. Foreign graduates of German universities will have a year to look for a job if they wish to stay in the country. Previously it was quite difficult for foreign students to remain in Germany upon completion of their studies.
Self-employed immigrants will also feel more welcomed under the new law, provided they invest one million euro and create ten new German jobs.
It should also be noted that Germany is a member of the Schengen Agreement. With a Schengen Visa, you can entry one Schengen country and travel to other Schengen visa countries freely.
The new Immigration Act has replaced the former German Green Card Initiative, which made it easier for foreign IT specialists to work in Germany. It is generally agreed that the Green Card was unsuccessful, in that it did not succeed in bringing about the additional IT workers as was expected. This new provision of the Immigration Act is not limited to IT specialists.

Basic Requirements to Qualify

To qualify as for a German work permit, the basic requirements for the employee and the German company are as follows:
• The potential employee has to be employed on equal terms as a German employee.
• German or other European nationals are not available to fill the position.
• Usually the employee must have a university degree or comparable qualification. For some positions there are special requirements.
• The German company must be registered at the Labor Authorities in Germany and apply for a Corporate Registration Number.

Children and spouses
Certain individuals are able to work freely without having to apply for a work permit. This includes foreigners married to a German citizen who resides in Germany.
In general, spouses are given the same rights as the spouse already in Germany. Therefore, if the spouse in Germany has the right to work, the spouse who comes to join him or her will also have that right.
Children have the right to join their parents in Germany until they are 16 if both parents (or the parent who has custody of the children) have a residence permit. Minors over the age of 16 also have the right to join their parents in Germany if they speak German or if the authorities believe that the child will be able to integrate in Germany. The same applies if the child moves to Germany together with its parents or the parent having the right of custody, and both parents (or the parent having the right of custody) possess a residence permit.
In Germany same-*** couples can form a partnership or civil union similar to marriage. The foreign partners in this type of relationship also have the same basic rights as those of married spouses.

Germany van der Elst visas

There is a ruling from the European court relating to the right of an European Economic Area company to provide its services across the EEA without the need for obtaining additional work permits. This is known as the 'van der Elst' ruling, and visas issued further to the ruling are often called van der Elst Visas.

Some EEA countries are disregarding this ruling; Germany, however has acknowledged and accepted it.
The effect of the ruling is that any non-EEA employees who have been in the EEA in the employ of the service provider for more than 12 months need not obtain additional work permits, they only need to apply for a van der Elst visa.
workpermit.com is happy to assist with applications for van der Elst visas for Germany. Such applications are made to the German Embassy in the candidate's country of residence, and need to be supported by a copy of the service provider's contract with its client in Germany.

How to apply for permanent residence
As of the 1 January 2005 introduction of the new German Immigration Act, foreigners need only obtain a German residence permit, which gives them the right to work, rather than separate residence and work permits. Citizens of the US, Australia, Canada, Israel, Japan, New Zealand, and Switzerland may apply for their residence and work permit while remaining in Germany as visitors. Citizens of these countries, however, are not allowed to work in Germany until after their work and residence permit application is approved.

Citizens of most other countries are required to apply for and obtain a residence and work permit prior to entering Germany at their German consulate.
The procedure as of 1 January 2005 is as follows:
Stage 1: The residence permit application (which also provides access to the labour market) for the candidate is received by the German embassy in the country where the candidate lives.

Stage 2: The Embassy passes the application to the immigration office (the Auslaenderbehoerde) in the place where the job is to take place for initial approval. The immigration office, in cooperation with the local employment office (the Arbeitsamt) that issues the permission, makes its decision.
Stage 3: If the candidate's application has been approved, the Embassy provides an entry visa to the candidate.
Stage 4: Upon arriving in Germany, the foreign national and any accompanying family members must apply for their work and residence permits at the local foreigners authority

Investment and Self-Employment visas
Ernst & Young asked 500 businessmen worldwide to list the most sought-after investment locations. In their survey, Germany was number one in Europe and ranked third overall, trailing only behind China and the USA.

You are eligible for this type of visa if you invest one million euro and create ten new German jobs.
Some advantages:
• You have the same rights as German citizens, whatever type of company you are establishing.
• You do not need a German associate or guarantor.
• After the business has been establisehd for three years, you and your family may receive unlimited residence permits. These will allow you to enter Germany any time you wish.

Studying in Germany

With low tuition fees and internationally recognized Bachelor's and Master's degrees now established, Germany is an attractive place of study for foreign students. A student may stay for a maximum of nine months. Foreign students are allowed to work, however, they need to have very good language skills in German and can work for up to 90 days each year, or 180 half days. Foreign students may work in Germany for up to one year after graduating, however the job must be related to the field of study.
The process is the following:
1: If you plan to study in Germany, the first step is to gain admission to a German university.
2: You must then submit an application for a student visa to the German Embassy in your home country. 3: You must also submit verification from your university that you have been accepted.
4: The German Embassy will then forward the visa application for an opinion to the foreigners' authority in the town of the university.
5: The German Embassy will issue the visa for entry once the foreigners' authority has given its approval

Working Holiday Makers


Germany has concluded bilateral agreements on working holiday visas with Australia, New Zealand and Japan. The programme gives young people between 18 and 30 the opportunity to gain insight into the culture and daily life in Germany. They can stay up to 12 months. Holiday jobs can be taken on to help finance the trip, but each job cannot last for more than 90 days. Please note that working holiday visas should be applied for well in advance of the trip. They can be obtained through your local German Embassy.

Student Visa for Germany


All persons who wish to study at a high school, college or university in Germany are required to obtain a residence permit.
All visas are not the same. A “tourist visa” cannot be converted into a “student visa” and as a tourist, you are not eligible to study in Germany.

The visa must be issued before you can enter the country; you should therefore apply for it in good time. The responsible body is the German Embassy or Consulate General in your country, which can also provide you with further information.



Three Types of Visa for International Students
--- A language course visa, which cannot be subsequently converted into a student visa. It is valid only for the duration of the course.
--- A three-month study applicant’s visa, which is valid if you have not yet obtained university admission. After admission, it must be converted as quickly as possible into a resident permit for student purposes at the office for foreigners’ affairs.
--- The visa for study purposes, valid for one year. In order to obtain this visa, you must provide proof of admission and financial support for the duration of study.



Documents Required
-- A valid passport
-- Passport Size photos
-- Entitlement to university admission, as recognized in Germany (usually a high school diploma or graduation examination certificate)
-- Evidence of previous academic performance
-- Proof that complete financial support for one year is guaranteed

The visa application is submitted at the German Embassy or the German Consulate in your country of residence – preferably as early as possible. German Embassy or Consulate personnel can provide further information.

thanks for sharing...and nice information....

Nice info