Introduction
In stark contrast to other European nations, Germany supports the immigration of skilled workers and, since 2005, has applied for permanent residency for all highly-skilled workers instead of offering them an initial five-year visa as was previously the case. Indeed, the German Immigration Act, the supervising rule of law, was amended in 2005 to address the talent shortage of highly-skilled workers, those in IT or scientific research, in the sprawling nation.
Family members of German residents who have a visa and are sufficiently qualified can legally apply for a work permit. This applies to close relatives who later also want to join their families in Germany.
Foreign postgraduate students passing from a German university can stay 18 months in the country after graduation. Students who have considered valid degrees from universities outside of Germany can stay up to 6 months on a jobseeker visa.
Entrepreneurs who could invest approximately EUR 250,000 and create job opportunities through their initiatives can also apply for permanent settlement visas in Germany.
Also, since Germany is a member of the Schengen Agreement, people who have a Schengen visa can stay and move freely in Germany. However, this is applicable to the countries that are members of this agreement.
The Entrepreneur Visa
The Entrepreneur Visa is awarded to people with experience and services in high demand in Germany. If your investment can create a positive impact on the German economy, or if you have sufficient funds (minimum EUR 250,000) to set up a business, then there is a very good chance of obtaining an entrepreneur visa.
Entrepreneur visa holders have the same rights as any other German citizen. No German associate or guarantor has to be named or proven to obtain this visa. There is a gestation period of three years after establishing the business in Germany, and once the business is established during these three years, the founder can obtain unlimited residence permits that allow him to stay or enter Germany at any time he wishes. .
Visa for spouses and children
People who marry German citizens get the same rights as the permanent citizen they have married, which means that if the spouse is able to work, the foreigner who married him or her could also stay and work in the country.
Children under the age of 16 can stay in Germany if both parents (and the parent who has custody of the children) have a permanent residence permit. Minors under the age of 16 can also join their parents in Germany as long as they speak German. This also applies to children moving to Germany whose parents or custodial parent have permanent residence in the country.
The same-sex community has the same rights as heterosexual people in Germany and is treated similarly to married couples in Germany.
Germany van der Elst Visas
The ‘van der Elst’ ruling establishes that a company from the European Economic Area (EEA) does not need to obtain additional work permits in Europe. Although many EEA countries do not allow this decision to be effective; Germany accepts it.
In addition, any non-EEA employee residing in the EEA with an employer or service provider for more than 12 months does not need to obtain additional work permits as long as they apply for ‘van der Elst visas.
Permanent Residence in Germany
To stay and work in Germany, separate residence and work visas are not required. Employees need only apply for resident visas and are automatically granted work permits to work in the country.
Legal residents of the USA, Australia, Canada, Israel, Japan, New Zealand, Switzerland and other designated nations mentioned in the 2005 Immigration Act can apply for their residence and work permit while visiting Germany. Residents of other countries must apply at the German Embassy or Consulate before entering Germany.
The application procedure for immigration to Germany
Stage 1: The potential immigrant must complete the residence permit application which also gives him access to the labor market. It must be received by the German embassy in the prospective immigrant’s country of origin.
Stage 2: The Embassy sends this application to the immigration office known as Auslaenderbehoerde at the location of a job for the potential immigrant. The immigration office now checks the application together with the employment office called Arbeitsamt of the place selected by the potential immigrant and makes a decision.
Stage 3: Once the application is approved, the Embassy offers an entry visa to the candidate.
Stage 4: The immigrant and their relatives can request work and residence permits after their arrival in the country before the local foreign national authority.
The applicant student visa
1. The basic requirement for the student applicant visa is to gain admission to a German university. Student applicant visas allow prospective students to enter Germany to take admission tests and fulfill many other requirements related to the university application process. Student preliminary application visas are granted for 3 months, but these can be extended in the event of a valid and applicable requirement.
2. Students can apply for student visas at the German Embassy in their own country once they are accepted on a course at a German university. The verification certificate offered by a registered and valid German university must also be attached to the application.
3. The German Embassy will then take an opinion to the foreigners’ authority in the given town or city of the university.
4. If the foreigner’s authority approves the application, the German Embassy will issue the visa to enter Germany.
Tourists who want to work in Germany
German work and holiday visas are offered to young people between the ages of 18 and 30 from Australia, Canada, New Zealand, Japan, Hong Kong, South Korea and Taiwan. These visa holders can stay up to 12 months in Germany and seek holiday jobs lasting no more than 90 days to get help financing the trip. Working holiday visas can be obtained through the local German embassy.
