27/06/2017

EU Blue card Germany law

FAQs - EU Blue card Germany law

§ 4 Requirement for a residence title

(1) In order to enter and stay in the Federal territory, foreigners shall require a residence title, in the absence of any provisions to the contrary in the law of the European Union or a statutory instrument and except where a right of residence exists as a result of the agreement of 12 September 1963 establishing an association between the European Economic Community and Turkey (Federal Law Gazette 1964 II, p. 509) (EEC/Turkey Association Agreement). The residence titles are granted in the form of

1. a visa (Section 6),

2. a residence permit (Section 7),

2a. a EU Blue Card (§ 19a)

3. a settlement permit (Section 9) or

4. an EC long-term residence permit (Section 9a).

...

The law regulation applying for the residence permit does also rule for the EU blue card, provided that by law or statutory order nothing else is determined.

(2) A residence title shall entitle the holder to pursue an economic activity insofar as this is laid down in this Act or the residence title expressly permits pursuit of an economic activity. Every residence title must indicate whether the pursuit of an economic activity is permitted. A foreigner who is not in possession of a residence permit for the purpose of employment can only be permitted to take up employment if the Federal Employment Agency has granted its approval or a statutory instrument stipulates that taking up the employment concerned is permissible without the approval of the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence title.

(3) Foreigners may only pursue an economic activity if the residence title so allows. Foreigners may only be employed or commissioned to perform other paid work or services if they possess such a residence title. This restriction shall not apply if the foreigner is permitted by virtue of an inter-governmental agreement, a law or a statutory instrument to pursue an economic activity without requiring due authorisation via a residence title. Anyone employing a foreigner or commissioning a foreigner on a sustained basis to perform paid work or services for gain in the Federal territory must ascertain whether the conditions pursuant to sentence 2 or sentence 3 apply.

§ 6 Visa

 

(3) A visa for the Federal territory (national visa) shall be required for stays of longer duration, whereby this visa shall be issued prior to the foreigner entering the Federal territory. Issuance shall be based on the regulations applying to the residence permit, the EU Blue Card, the settlement permit and the EC long-term residence permit. The duration of lawful stay with a national visa shall be offset against the periods of possession of a residence permit, an EU Blue Card, settlement permit or EC long-term residence permit.

§ 9a EC long-term residence permit

(1) The EC long-term residence permit is a permanent residence title. Section 9 (1), sentences 2 and 3 shall apply accordingly. In the absence of any provisions to the contrary in this Act, the EC long-term residence permit is equivalent to the settlement permit.

(2) A foreigner shall be issued with an EC long-term residence permit pursuant to Article 2, letter b of directive 2003/109/EC provided that

1. he or she has been resident in the Federal territory with a residence title for five years; same is valid if he/ she has applied for such a stay title or such a legal position and has not been decided on the finding yet finally,

2. his or her subsistence and the subsistence of his or her dependents who he or she is required to support is ensured by a fixed and regular income,

3. he or she has an adequate knowledge of the German language,

4. he or she possesses a basic knowledge of the legal and social system and the way of life in the Federal territory,

5. the granting of such a residence permit is not precluded by reasons of public safety or order, according due consideration to the severity or the nature of the breach of public safety or order or the danger emanating from the foreigner, with due regard to the duration of the foreigner's stay to date and the existence of ties in the Federal territory and

6. he or she possesses sufficient living space for himself or herself and the members of his or her family forming part of his or her household.

Section 9 (2), sentences 2 to 5 shall apply mutatis mutandis to sentence 1, nos. 3 and 4.

§ 9b Consideration of the time of stay

...

( 2) For the necessary times §9a paragraph 2 sentence 1 number 1 the times are credited in which the foreigner owns a EU blue card which was given by another member state of the European Union, if to itself the foreigner
1. in this other member state of the European Union has detained at least 18 months with a EU blue card and
2. With the application position for at least two years as an owner of the EU blue map detains in the federal territory.

Not considerable are times in which the foreign did not stay in the European Union. These times do not cut the time of stay, after § 9a passage 2 sentence 1 number 1 if the timeframe does not consist of more than 12 months after another and if the time was not taken within a timeframe of 18months, after § 9a, passage 2 sentence 1 number 1. These sentences are also respective for family members of the foreigner, who got the allowance to stay after §§ 30 or 32.

§ 16 Further education; language courses; school education

(1) A foreigner may be granted a residence permit for the purpose of studying at a state or state-recognised university or a comparable educational establishment. Residence for study purposes shall also extend to language courses in preparation for studies and attendance of a preparatory course prior to studying (preparatory measures for courses of study).

...

(3) The residence permit entitles the holder to take up employment totalling no more than 120 days or 240 half-days per year, and to take up spare-time student employment. This shall not apply in the first year of residence during a stay for the purpose of preparatory measures for a course of study, except during holiday time and in the case of residence pursuant to sub-section 1a.

(4) After successful completion of the studies, the residence permit may be extended by up to 18 months for the purposes of seeking a job commensurate with this qualification, provided that it is permissible to fill the vacancy concerned with foreigners in accordance with the provisions contained in Sections 18, 19, 19a and 21. The allowance to stay does also permit to work.

(5) A foreigner may be granted a residence permit to attend language courses which do not serve to prepare him or her for a course of study and, in exceptional cases, for the purpose of attending school education. Sub-section 2 shall apply mutatis mutandis.

(5a) If it is necessary for a qualified education to visit a school, after § 5 the permission to stay does also allow the foreigner to work, independent of the trainee-ship, up to 10 hours per week.

(5b) After the successful certificate of the qualified trainee-ship the title of stay can be stretched up to one year so the foreigner gets the chance to find a job that suits the certificate of the trainee-ship, if this kind of job can be performed by a foreigner after § 18 and 21.The allowance of stay does permit the foreigner to work. § 9 does not count here.

§ 16 Further education; language courses; school education

(1) A foreigner may be granted a residence permit for the purpose of studying at a state or state-recognised university or a comparable educational establishment. Residence for study purposes shall also extend to language courses in preparation for studies and attendance of a preparatory course prior to studying (preparatory measures for courses of study).

...

(3) The residence permit entitles the holder to take up employment totalling no more than 120 days or 240 half-days per year, and to take up spare-time student employment. This shall not apply in the first year of residence during a stay for the purpose of preparatory measures for a course of study, except during holiday time and in the case of residence pursuant to sub-section 1a.

(4) After successful completion of the studies, the residence permit may be extended by up to 18 months for the purposes of seeking a job commensurate with this qualification, provided that it is permissible to fill the vacancy concerned with foreigners in accordance with the provisions contained in Sections 18, 19, 19a and 21. The allowance to stay does also permit to work.

(5) A foreigner may be granted a residence permit to attend language courses which do not serve to prepare him or her for a course of study and, in exceptional cases, for the purpose of attending school education. Sub-section 2 shall apply mutatis mutandis.

(5a) If it is necessary for a qualified education to visit a school, after § 5 the permission to stay does also allow the foreigner to work, independent of the trainee-ship, up to 10 hours per week.

(5b) After the successful certificate of the qualified trainee-ship the title of stay can be stretched up to one year so the foreigner gets the chance to find a job that suits the certificate of the trainee-ship, if this kind of job can be performed by a foreigner after § 18 and 21.The allowance of stay does permit the foreigner to work. § 9 does not count here.

§ 17 Other educational purposes

(1)A foreigner may be issued a residence permit for the purpose of basic and advanced industrial training, if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an inter-governmental agreement stipulates that such basic and advanced vocational training is permissible without approval from the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence permit. Section 16 (2) shall apply mutatis mutandis.

(2) If the trainee-ship is a qualified one, it allows the foreigner to work up to 10 hours per work, independent from the trainee-ship.

(3) After the successful certificate of the qualified trainee-ship the title of stay can be stretched up to one year so the foreigner gets the chance to find a job that suits the certificate of the trainee-ship, if this kind of job can be performed by a foreigner after § 18 and 21. The allowance of stay does permit the foreigner to work. § 9 do not count here.

§ 18 Employment

(1) The admission of foreign employees shall be geared to the requirements of the German economy, according due consideration to the situation on the labour market and the need to combat unemployment effectively. International treaties shall remain unaffected.

(2) A foreigner may be granted a residence title for the purpose of taking up employment if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an inter-governmental agreement stipulates that such employment may be taken up without approval from the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence title.

...

(5) A title of stay, after passage 2, Section 19 or 19a can only be given if there is a concrete working offer and the permission to work, as far as it is necessary or if the apportionment was given.

(6) The apportionment or the stretching or the title of stay, after passage 2, Section 19 or 19a is allowed not be given, if in relation to this law, an executive order law or a intergovernmental agreement an affirmation of the Federal Labor Market Authority is not necessary and if there is an issue which gains to a denial of the affirmation after Section 40 passage 2 number 3.

Section 18b Settlement permit for the alumni of a German university

A foreigner who got his degree on a governmental or governmental accepted university or a similar training establishment in the German republic, gets a settlement permission if
1. he / she owns a title of stay since two years, after Sections 18,18a, 19a or Section 21,
2. he/she has a job contract that suits the degree,
3. he/she had paid for at least 24 months compulsory or volunteer contributions to the governmental social pension fund or if he/she did make expenses that gain the right to get similar benefits from a insurance or utility service of a insurance company and
4. if the requirements of Section 9 paragraph 2 sentence 1 number 2 and 4 till 9 are given; Section 9 paragraph 2 sentence 2 till 6 counts as well.

Section 18b Settlement permit for the alumni of a German university

A foreigner who got his degree on a governmental or governmental accepted university or a similar training establishment in the German republic, gets a settlement permission if
1. he / she owns a title of stay since two years, after Sections 18,18a, 19a or Section 21,
2. he/she has a job contract that suits the degree,
3. he/she had paid for at least 24 months compulsory or volunteer contributions to the governmental social pension fund or if he/she did make expenses that gain the right to get similar benefits from a insurance or utility service of a insurance company and
4. if the requirements of Section 9 paragraph 2 sentence 1 number 2 and 4 till 9 are given; Section 9 paragraph 2 sentence 2 till 6 counts as well.

Section 18c: Title of stay for the search of work for qualified skilled workers

(1) A foreigner, who owns a German or accepted university degree or a foreign university degree that is similar to a German one and who can earn the money for living, can get a title of stay for up to six month to use this time for the search of a job that suits his/her degree. The title of stay does not allow the foreigner to work.

(2) A stretch of the title of stay of the already mentioned maximum time, paragraph 1, cannot be given. A title of stay after paragraph 1 can be permitted again if the foreigner stayed in a foreign country as long as he/she did stay, related to the title of stay after paragraph one, in the republic.

(3) Paragraph 1 does not relate to foreigners who stayed in the republic concerning to another reason.

§ 19 Settlement permit for highly qualified foreigners

(1) A highly qualified foreigner may be granted a settlement permit in special cases if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an inter-governmental agreement stipulates that the settlement permit may be granted without approval from the Federal Employment Agency in line with Section 39 and there are justifiable grounds to assume that integration into the way of life which prevails in the Federal Republic of Germany and ensurance of the foreigner's subsistence without state assistance are assured. The Land government may stipulate that issuance of the settlement permit pursuant to sentence 1 requires the approval of the supreme Land authority or a body to be designated by the latter.

(2) Highly qualified persons in accordance with sub-section 1 are, in particular,

1. scientists with special technical knowledge,

2. teaching personnel in prominent positions or scientific personnel in prominent positions.

Section 19a: EU Blue Card

(1) A foreigner from a non- EU country can get the EU blue card after the regulations 2009/50/EG of the board of 25th May 2009, that rules the consideration for the entrance and the stay of non- EU –foreigners for the reason of doing a job that suits his /her qualification ( ABl.L 155 of 18th June 2009, page 17) if:
1. he/she
a) owns a German or an accepted foreign university degree or a foreign university degree that is similar to a German one; or
b) owns a similar qualification after gaining work experiences for 5 years, after executive law- order after paragraph 2;
2. he/she has got the permission of the federal labour authority after Section 39 or through an executive law order after Section 42 or through an intergovernmental regulation which allows that the EU blue card can be given without the allowance of the federal labour authority after Section 39; and
3. he/ she earns a salary that is at least the same as that mentioned through the executive law order after paragraph 2.

(2) The federal government department for labour and social can dictate the following through an executive law order:
1. The amount of the salary after paragraph 1 number 3.
2. Occupations in which a qualification by at least five years’ work experience can be proved as comparable to a Master’s certificate.
3. Occupations in which it is to refuse the EU blue card for members of specific states if there is a lack of qualified workers in their job group.
Executive law orders after number 1 and 2 need the acceptance of the Federal Assembly.

(3) The EU blue card is limited with first-time granting of a maximum of four years. If the duration of the employment contract amounts to less than four years, the EU blue card is issued for the duration of the employment contract plus three months, or is extended.

(4) Permission is required during the first two years of the employment for every job change of an owner of an EU blue card by the foreign authority. The permission is given if the conditions are given after paragraph 1.

(5) An EU blue card is not given to a foreigner:

1. who fulfils the premise after Section 9a paragraph 3 number 1 or 2.

2. who has made an application for statement of the condition after Section 60 paragraph 5 or 7 sentence 1 or after Section 60a paragraph 2 sentence 1.

3. whose arrival in one of the member states of the European Union considers special duties related to an international convention that rules the entrance and the temporary stay of the category of people who carry out trade activities as well as activities that refer to investments.

4. who was admitted as a seasonal worker in a member state of the European Union.

5. who owns a temporary suspension of deportation after Section 60a.

6. who is, under the regulations 96/71/EG of the European Parliament and the council of 16th December 1996, a part of the delegation of employees within the scope of the performance of services (ABl.L18 of 21st January 1997 page 1) during the time of their delegation to Germany.

7. who enjoys, because of the arrangements between the European Union and their member states on the one hand and third countries on the other hand, a right of free movement that is equivalent to that of citizens of the European Union.

(6) The owner of the EU blue card should get the settlement permission, if the foreigner did work for at least 33 months after paragraph 1 and if he/she had paid for the duration of the compulsory or voluntary contributions to the governmental social pension fund or if he/she did make expenses that gain the right to receive similar benefits from an insurance or utility service of an insurance company and if the conditions of Section 9 paragraph 2 sentence 1 number 2 and 4 to 9 are given.
Section 9, paragraph 2, sentences 2 to 6 also apply. The deadline after sentence 1 is shortened up to 21 months if the foreigner can prove language knowledge on level B1.

§ 20 Research

(1) A foreigner shall be granted a residence permit for research purposes where

1. he or she has concluded an effective admission agreement for the purpose of carrying out a research project with a research establishment which is recognised for implementation of the special admission procedure for researchers in the Federal territory pursuant to Council directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (Official EU Journal no. L 289, p. 15) and

2. the recognised research establishment has undertaken in writing to bear the costs accruing to public bodies up to six months after termination of the admission agreement for ... the foreigner's subsistence during an unlawful stay in a Member State of the European Union and ... deportation of the foreigner.

...

(6) A permission of staying after paragraph 1 and 5 sentences 2 entitles to the admission of the research activity with the research establishment called in the admission agreement and to the intake of activities concerning teaching. ...

§ 21 Self-employment

 

(1) A foreigner may be granted a residence permit for the purpose of self-employment, if

 

1. an overriding economic interest or a special regional need applies,

 

2. the activity is expected to have positive effects on the economy and

 

3. personal capital on the part of the foreigner or a loan undertaking is available to realise the business idea.

 

The assessment of the conditions under sentence 1 depends in particular on the sustainability of the underlying business idea, the business experience of the foreigner, the amount of invested capital, the impact on employment and training situation and the contribution to innovation and research.

 

...

(2a) A foreigner, who finished his studies with success at a governmental or a governmental accepted high school or at a similar trainee-ship establishment or who owns the permission of staying as a scientist or an academic after Section 18 or Section 20, can get the permission for an independent activity, differing from paragraph 1. The deliberated independent activity needs to be in relation to the knowledge that was received through the university or through the work experience gained as a scientist o

§ 27 Principles pertaining to the subsequent immigration of dependents

(1) The residence permit to enable foreigners to be joined by foreign dependents so that they can live together as a family (subsequent immigration of dependents) shall be granted and extended to protect marriage and the family in accordance with Article 6 of the Basic Law.

...

(4) The period of validity of a residence permit for the purpose of the subsequent immigration of dependents must not exceed the period of validity of the residence permit held by the foreigner whom the dependents concerned are joining in the Federal territory. It shall be issued for this period if the foreigner who is to be joined in the Federal territory by the subsequently immigrating dependents holds a residence permit pursuant to Section 20 or Section 38a or an EU Blue Card ....

§ 29 Subsequent immigration of dependents to join a foreigner

(1) For the purposes of subsequent immigration to join a foreigner,

1. the foreigner must possess a settlement permit, EC long-term residence permit, residence permit or an EU Blue Card and

2. sufficient living space must be available.

...

(5) The residence permit shall entitle the holder to pursue an economic activity,

1. where the foreigner whom the subsequently immigrating dependents are joining is entitled to pursue an economic activity

2. whrer the foreigner to whom the family reunion takes place, has a residence permit according to § § 19a or 20 or

3. where marital cohabitation has lawfully existed in the Federal territory for at least two years and the residence permit of the foreigner whom the subsequently immigrating dependents are joining is not subject to a subsidiary provision pursuant to Section 8 (2) or extension of his or her residence is not excluded by law or by an ordinance.

§ 30 Subsequent immigration of spouses

(1) A foreigner's spouse shall be granted a residence permit if

1. both spouses are at least 18 years of age,

2. the spouse is able to communicate in the German language on a basic level at least and

3. the foreigner ... possesses an EU Blue Card.

Sentence 1, nos. 1 and 2 shall have no bearing on issuance of the residence permit where ... the foreigner is in possession of an EU Blue Card ...

Section 32: Subsequent immigration of children

(1) A residence permit is to be given to the single child under age of a foreigner .... if the only person having the care and custody of the child owns an EU blue card or an establishment permission and if the parents have their usual stay in the federal republic and at least one parent owns the EU blue card or an establishment permission accor

§ 38a Residence permit for persons who possess the status of long-term residents in other Member States of the European Union

(1) A foreigner who has the status of a long-term resident in another Member State of the European Union shall be granted a residence permit if he or she wishes to stay in the Federal territory for a period in excess of three months. ...

(3) The residence title pursuant to sub-section 1 shall entitle the holder to pursue an economic activity only if the conditions stated in Section 18 (2), Sections 19, 19a, 20 or 21 are met.

§ 39 Approval of employment for a foreigner

(1) A residence title which permits a foreigner to take up employment may only be granted with the approval of the Federal Employment Agency, in the absence of any provisions to the contrary in statutory instruments. Such approval may be granted if laid down in inter-governmental agreements, an act or a statutory instrument.

(2) The Federal Employment Agency may approve the granting of a residence permit to take up employment pursuant to Section 18 or of an EU Blue Card persuant to Section 19 if

1.

a) the employment of foreigners does not result in any adverse consequences for the labour market, in particular with regard to the employment structure, the regions and the branches of the economy, and

b) no German workers, foreigners who possess the same legal status as German workers with regard to the right to take up employment or other foreigners who are entitled to preferential access to the labour market under the law of the European Union are available for the type of employment concerned or

2. it has established, via investigations for individual occupational groups or for individual industries in accordance with sentence 1, no. 1, letters a and b, that filling the vacancies with foreign applicants is justifiable in terms of labour market policy and integration aspects

and the foreigner is not employed on terms less favourable than apply to comparable German workers. German workers and foreigners of equal status shall also be deemed to be available if they can only be placed with assistance from the Federal Employment Agency. The potential employer of a foreigner who requires approval in order to take up employment shall be required to furnish the Federal Employment Agency with information on pay, working hours and other terms and conditions of employment.

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