Work Permits
Since 1. January 2005, the work permit law for entering foreign nationals has been connected directly with the respective residence permit and/or settlement permit. A separate work permit is therefore only required for EU citizens from Eastern Europe and in certain individual cases.
- Residence permit for the purpose of gainful occupation (§ 18, 21 Residence Act)
- Permission to settle for highly qualified foreigners (§ 19 Residence Act)
- Residence permit for researchers (§ 20 of Residence Act – draft)
- Residence permit for family members
- Work permit for EU citizens from Eastern Europe
- Other work permits
Residence permit for the purpose of gainful occupation (§ 18, 21 Residence Act)
A right of residence including a work permit for occupation as an employee is possible, especially for highly qualified foreigners, specialists, executive personnel as well as for certain occupational groups listed in the Regulation Governing Employment (Beschäftigungsverordnung). An obligatory requirement for a work permit is the existence of a concrete job offer. Moreover, the foreign national must not be employed under conditions less favourable than a comparable German employee. An adequate, at least average remuneration is therefore required.
As a rule, someone who wishes to open a business must show that it will contribute to German economic life and that there is a need for the company or its services at least on a local level. The regulatory limits of 250.000 euros investment and the creation of 5 jobs (as at 01.01.2009) mentioned in the Act do not apply strictly in case of a good and plausible business plan and sufficient qualification of the self-employed person. For self-employed freelancers (e.g. doctors, lawyers, engineers, architects, accountants, tax advisers, consulting economists and graduates in business administration, licensed non-medical practitioners, physiotherapists, journalists, photojournalists and interpreters and translators) the limits do not apply.
A precise statement of the employee’s qualifications and the position to be filled or a substantive business plan are essential requirements for a successful and above all quick procedure. This is the only way to avoid a time-consuming check of the employment market by the Federal Employment Agency (Arbeitsamt) and to minimize the risk of rejection. Companies with their principal office in Germany wishing to employ foreign employees should seed advice at an early stage on the procedure and the requirements for a residence permit and work permit law.
The law firm will fully support you during the whole legal procedure concerning foreign nationals (visa procedure) and will also help you in drawing up job descriptions, stating employees’ qualifications, verification and further development of business plans and the optimum design of partnership agreements and employment contracts in view of residence permits.
Permission to settle for highly qualified foreigners (§ 19 Residence Act)
Individuals referred to as highly qualified foreigners, who are eligible to obtain unlimited and unrestricted right of residence in Germany (Niederlassungserlaubnis für Hochqualifizierte), are especially favoured. As shown by the examples stated in § 19 Residence Act these individuals include:
- Scientists with expertise in special subject areas,
- Teaching personnel in prominent positions or scientific personnel in prominent positions, and
- Specialists and executive personnel with special professional experience who receive a salary corresponding to at least 64,800 euros (as at 01.01.2009).
If appropriate grounds are presented a settlement permit for highly qualified foreigners can also be obtained by persons receiving a smaller salary.
Residence permit for researchers (§ 20 of Residence Act – draft)
The new § 20 of the Residence Act is intended to make it easier for foreign researchers to work in Germany and the EU. Requirement is an admission agreement with a research institution recognized in accordance with §§ 38a ff. of the Regulation Governing Residence (Aufenthaltsverordnung).
The fundamental advantage of a researcher’s residence permit lies in better job mobility within Europe, as it takes little effort to realize limited research stays in other EU countries in accordance with Par. 13 of the Directive 2005/71/EU (researchers directive).
The law firm counsels research institutions and researchers concerning the recognition procedure and obtaining the residence permit.
Residence permit for family members
Family members of foreign nationals do not need a special permit if the eligible foreign national is allowed to exercise an occupation without a special permit (remark: “occupation permitted” – “Erwerbstätigkeit gestattet”). Otherwise an occupation is only permitted with a special work permit.
Work permit for EU citizens from Eastern Europe
Citizens from Bulgaria and Romania need a work permit to be employed. For self-employment, however, a permit is not required.
Other work permits
In the framework of the regulations of the Regulation Governing Employment Procedures tolerated persons can receive a work permit, too. In accordance with § 3b of the Regulation Governing Employment Procedures, however, a permit cannot be granted, if the foreign national is responsible for the unenforceability of his/her departure or deportation himself/ herself.