New laws for Work – blue card germany


New law on labor migration

As of 1 August 2012 experience various changes in the law for foreigners who want to live and work as professionals in Germany and in force.

  • The EU Blue Card
  • Students and graduates of German universities
  • Settlement permit
  • Facilities for vocational training in Germany
  • Facilitation of job search, shortening of the work permit process

The EU Blue Card

The EU Blue Card – a (temporary) residence permit for skilled workers with possible further migration into another EU Member State:

In addition to the national legislation (permanent) settlement permit for highly qualified according to § 19 Residence Act enters the new Blue Card Union in accordance with § 19a of the Residence Act. A foreigner or a foreigner, the / the

  • a domestic or
  • comparable with a national university degree foreign degree

owns and an annual salary from the current € 44,800 will be achieved, is granted under § 19a of the Residence Act, without examination by the Federal Employment Agency (temporary) EU Blue Card, if in Germany the conclusion of such contract of employment prospect is (§ 18 para 5 of the Residence Act ). A change of job is in the first two years of employment authorization (§ 19a para 4 of the Residence Act).

For so-called “shortage occupations” is the annual salary limit for the EU Blue Card is currently € 34,944 . In these cases, however, for people with a foreign university degree (so-called “foreign students”), nor an examination of the Federal Employment Agency required that meet the working conditions, especially the content, the usual working conditions.

The EU Blue Card opened after 18 months, the possibility of another Member State of the European Union to move and work there, if there are also meeting the qualifications of the EU Directive 2009/50/EC. This is a clear advantage over the national residence permits.

Periods of possession of an EU Blue Card – even in another Member State – are on the necessarytime to issue a permit for permanent residence in the EC in Germany counted under certain conditions (§ 9a para 2 No. 2 of the Residence Act).

Spouses, partners and children of persons who hold a Blue Card Union can travel to Germany to follow suit or. You do not need to prove knowledge of German. Spouses and domestic partners are also entitled immediately after their entry to employment (§ 29 par 5 No. 2 of the Residence Act).

Students and graduates of German universities

Facilities for students and graduates and graduates from German universities – freedom of consent, access to self-employed and extension of the so-called “search phase”:

Foreign students with a student residence permit according to § 16 Residence Act shall continue throughout 120 or 240 half days to work alongside their studies without consent (§ 16 para 3 of the Residence Act).

Foreigners who have completed their studies at a German university and less than the annual salary limits under the EU Directive 2009/50/EC earn (see above) will, as before a residence permit according to § 18 Residence Act for an adequate education to their employment . The income must be sufficient, however, to secure the livelihood of their own. The previously planned review of working conditions by the Federal Employment Agency omitted (§ 3b Employment Ordinance).

In addition to the inclusion of a (dependent) employment law for graduates of German universities in the future looks a residence permit for self-employment before (§ 21 paragraph 2 of the Residence Act). The self-employment must be with the skills acquired in the study are related.Here, too, must be secured livelihood.

The residence permit for high school graduates looking for an appropriate professional activity will no longer only twelve, but for 18 months granted (§ 16 paragraph 4 sentence 1 of the Residence Act). During this “search phase” foreign graduates may continue to be employed without limitation, to secure their livelihood. If the previous 12-month period to seek employment on 1 August 2012 has not expired, the permit according to § 16 paragraph 4 of the Residence Act is to extend by six months and allow unrestricted employment.

Family members of skilled workers and university graduates and graduates who are under § 3b, § 4, § 5, § 27 and § 28 of the Employment Ordinance concerned may continue to exercise without the consent of the Federal Employment Agency employment (§ 3 No. 1 Employment Procedure Ordinance).

Settlement permit

Legal residence in strengthening the (permanent) settlement permit:

Graduates of German universities is granted a permanent residence permit if they are for two years

  • residence permit according to § 18, § 18a, § 19a and § 21 Residence Act have,
    in a reasonable degree the employment relationship are
    , and
    contributions to statutory pension insurance or pay for a comparable private pension benefit (§ 18b of the Residence Act).
  • The same applies for 33 months Beschäftigun g for foreigners, a EU Blue Card and have completed their education abroad. You will also need knowledge of German language at the level of evidence B 1 as well as knowledge of the German legal and social order. The certificate of successful completion of integration course certifies both.

The 33-month period shall be reduced to 21 months if the foreign national language proficiency level B1 proves (§ 19a para 6 of the Residence Act).

Facilities for vocational training in Germany

For foreigners who hold a residence permit pursuant to § 16 paragraph 5 and § 17 section 1 of the Residence Act, into Germany, a school or company training to be completed, there are also significant improvements. You get – like high school graduates – the ability to search for a domestic training appropriate job offer (§ 16 para 5b and § 17 paragraph 3 of the Residence Act) and adopt (§ 27 para 3 Employment Ordinance). The search phase is one year. In issuing the permit only the equivalence is tested in working conditions, a preference clause does not take place.

Facilitation of job search, shortening of the work permit process

A new addition was also a residence permit for job search for qualified professionals with a duration of up to six months. Also, they may only be granted if your livelihood is secured at this time (§ 18c of the Residence Act).

The work permit process has been streamlined. As far as the immigration authorities, the Federal Labour Agency in the work permit procedures involved in the future still needs the approval of the work permit shall continue to be granted if the federal agency for work within two weeks at the request of the Immigration Office responds and tells that not enough information provided to to decide on the approval, or the employer does not provide the necessary information or has not timely issued (§ 14 Employment Procedure

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