Residence Permit for Work as an Academic
To whom does this regulation apply?
The Residence Act defines the principle of immigration of skilled workers: This serves to "secure the needs of the German labour market for skilled workers" and is oriented towards the "requirements of Germany as a location for business and science".
If you have a German, a recognised foreign or comparable university degree, you can apply for a residence permit for the purpose of gainful employment or you can apply for an EU Blue Card as a specialist with academic training.
Knowledge of German is not required by law, but is at least helpful, if not necessary, in the exercise of the profession and almost indispensable for active participation in social life. If you can prove B1 knowledge after 4 years, you can apply for a settlement permit directly. For holders of the EU Blue Card, this period is even reduced to 21 months if they can prove B1 knowledge.
What are the requirements?
Job offer
In order to obtain a residence permit for gainful employment, a concrete job offer for qualified employment must be available. The qualification must qualify for employment, so the work is also possible in a related profession as well as in professions that do not require a university degree. In the case of the EU Blue Card, the activity must be appropriate to the qualification.
Minimum salary
Salary plays an important role in the issuance of a residence permit for academic professionals. A distinction must be made between professionals who
- receive an annual salary of at least €55,200 gross. They will receive the EU Blue Card.
- receive an annual salary of at least €43,056 gross and pursue a specific profession (natural scientist, mathematician, engineer, doctor or a profession in communication and information technology). They can also obtain the EU Blue Card.
- receive an annual salary of at least €43,056 gross and pursue a specific profession (natural scientist, mathematician, engineer, doctor or a profession in communication and information technology). You can also obtain the EU Blue Card.
A salary of at least €45,540 or an adequate pension must always be proven if the specialist is older than 45 years.
Approval of the Federal Employment Agency
Again, the distinction by the salary limit is important.
- Specialists with academic training are granted the EU Blue Card without the consent of the Federal Agency if they reach the salary limit of €55,200.
- Skilled workers below this limit require the approval of the Federal Employment Agency. In doing so, it checks whether the working conditions – e.B salary, working hours, holiday time regulations – are comparable to those of domestic employees.
Recognition of the qualification
Before a residence permit or an EU Blue Card can be issued, it must be checked whether the foreign university degree is recognised or equivalent to a German qualification. The database "anabin" helps with this. If both the university and the university degree are marked with "H+", the degree is recognised. If at least one of them is marked with "H+/-", an individual certificate assessment can be requested from the Central Office for Foreign Education (ZAB).
For IT specialists, there is an exception: 3 years of professional experience during the last 7 years are sufficient, but then B1 German language skills and a minimum salary of 49,680 € are required.
Professional license
For regulated professions (e.B doctors, lawyers or engineers), a professional license is required. This is granted if the equivalence of the qualification is also established.
Securing your livelihood
Securing one's livelihood is one of the general conditions for obtaining a residence permit and is therefore always necessary, with a few exceptions. The salary of a specialist with academic training usually meets this requirement.
Passport and proven identity
For the issuance of the visa and later the residence permit, the identity of the person moving in must be clarified, and a passport must also be present.
No interest in expulsion
There must be no reason for expulsion, such as endangering public security (e.B. in the case of criminal offences).
No entry or residence ban
If someone has already applied for asylum in Germany or another Schengen state, e.B, he or she must not have been deported from there, as there is then an entry ban in this case. You have to be particularly careful after a rejection of people from so-called "safe countries of origin", because then certain residence permits are blocked, even if the person has not yet been deported. If there is an entry ban, each case has to be looked at individually, to ascertain how its duration can be shortened.
Entry with required visa
If family reunification is planned, entry must also be made with a visa for family reunification, otherwise usually, no residence permit can be issued – even if all other conditions are met. This also applies if a short-term stay is possible with a tourist visa or even visa-free.