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The most common immigration methods however are:

Foreign Students registered at a local university (Group 1) :

Students at a college or university may work 120 full days or 240 half days per calendar year.

For a more working days, no permit is issued, as this would jeopardize the continuation of studies.

A change of field is problematic and should be done as early as possible. After a total of 10 years, the training must be completed.

 

People that have completed a university degree in Germany, so-called "Bildungsinländer" (Group 2):

The Principle.
Those who complete a German University or college degree, have the right to be granted a residence permit to take up employment in the studied profession. No problem occurs, if the employment is taken up directly following the studies.

If this does not work.
If this does not work right away, this group of people have 18 months from the date of com-pletion of the coursework, to look for a job in the studied profession. After finding a job within this time and after 2 years of professional activity in Germany in the studied profes-sion, he or she receives a permanent residence permit.
During the 18 months of job search, any occupation may be pursued. Thus even working as a waiter in restaurants or as taxi drivers is allowed.

Foreign University Degrees/Blue Card (Group 3)

The Principle.
Professionals from third countries, with a foreign four-year college degree (university or college) have unrestricted access to the German labor market, when they have already been promised a job.
A foreign degree must be formally recognized in Germany.

The required earnings level.
The required Annual Salary must be at least 44000 Euros gross.
For doctors, engineers, machine builders and electronics specialists, experts specializing in supply and disposal technology, software developers and programmers - in total 60 occupa-tions- a gross income of 34900 euros is sufficient.

The blue card leads to a permanent residence.
If the German employment contract is limited to a shorter timeframe, the residence permit runs for this amount, plus an additional 3 months for job search.
After 33 months, the owner of the blue card will have the right to permanent residence (set-tlement permit)
The period shall be reduced to 21 months if he/she has reached the language level B1 (Good conversation in everyday life).

Mobility inside the EU.
Owners of the blue card are mobile within the EU. After 18 months owners can move with their families to a different EU country and within a period of one month to apply for a blue card to continue work in this country.

Conversely, holders of a foreign EU blue card enjoy visa-free travel to Germany and canwith-in a month- an apply for a German blue card. Different rules apply here to the cases of Great Britain, Ireland and Denmark.

Residence Permit for Job Search, Blue Card (Group 3a)
The issuance of a blue card prerequisites an existing work contract.
Now it is extremely difficult for graduates to successfully apply for jobs from abroad. In gen-eral, the companies require participation in a selection process or at least a personal intro-duction.
To facilitate this, there is a scheme under which a visa to university graduates may be grant-ed that are looking for jobs on the German labor market.
The visa is issued for 6 months, however, it can not be extended nor may the applicant per-form any paid work during this time.

If within the period concluded an employment contract is signed, the candidate may stay directly in the EU country without first leaving and re-entering the country.
 

Skilled Labour/Technicians (Group 4)

Opening of the labor market also for skilled workers/technicians.
A true novelty occurs as of Summer 2013. Not only professionals with a university degree (highly skilled workers) are sought, but also skilled workers.
In jobs where the Federal Employment Agency has virtually no applicants (shortage occupa-tions), the German labor market opens even more.

However, the candidate must have 2 years of vocational training. In the spring of 2013 it was not quite clear yet which jobs this amendment will precisely include. Mentioned, for exam-ple, are sick and elderly care nurses, plumbers, heating engineers and locomotive drivers.
A detailed list will emerge in July of 2013. We will post this for you once available.
Special language skills or even a language test are not required.
However, the "equivalence" of professional knowledge with a German professional training must be recognized before entry.

Self-employed entrepreneurs, that want to live in Germany. (Group 5)

A very special chapter, is the founding of a company in Germany by an immigrant that wants to live in Germany.

The Principle.
A residencey permit may be granted when:
1)an overriding interest or a special local necessity exists for the business or service.
2)the activity will lead to positive effects for the economy.
3)financing is secured.

Until August of 2012 these requirements where met if 250000 Euros were invested and five full new jobs are created.
This hurdle has fallen!
Foreign investment should now be explicitly promoted.
Today the Immigration Office only checks points 1-3.
For this first feedback is asked for from the local industry and trade chamber (IHK). The chamber will ask for a business plan and proof of a bank loan or credit guarantee for the amount needed.
For founders over the age of 45, Bei Firmengründern, die älter als 45 Jahre sind there must be an adequate pension plan that secures the livelihood later.

A practical example.
An Iraqi businessman lives in Kuwait, where he operates a travel agency. He gets the idea to open a company in Germany that organizes specialized travel for sick people from Arab countries for medical treatment. He reached a signed cooperation agreement with a loca clinic. He was granted a residence permit.

The residency agreement.
With a number of states residency agreements have been reached in which the facilitated activity of companies and individuals from these countries is regulated. These facilitate the self-employment significantly.
Such agreements have been reached with the Mediterranean countries, including Turkey, or the states of the former Soviet Union. But also with the United States or countries in the Caribbean region.
The path to permanent residence.
The residence permit is initially issued under this section for 3 years. After this period the foreigner, may apply for a permit for permanent residence if he has secured his livelihood and that of his family successfully in the preceding period.
We would be glad to advise you while founding your company, provide contacts to the trade chamber as well as notary officials and tax advisors that we work with on a constant basis.

 

Adresse:
Hans-Otto Morgenthaler
Rechtsanwalt und Fachanwalt
für Arbeitsrecht
Von-Stephan-Straße 4
67063 Ludwigshafen
Fon: +49 621 669009256

E-Mail: anwalt@rechtsanwalt-morgenthaler.de
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