Immigration

You can apply for a residence permit to start a vocational training programme in Germany if an organisation or institute in Germany accepts you as a trainee (§§16b, 17 Asylum Act).

In principle, you need the following documents:

• A training contract or alike
• Proof of a secure livelihood
• Proof of sufficient proficiency in German

Before you can take part in dual vocational training programme, in principle, your trainee position must be also approved by the Federal Employment Agency. Whether you receive a residence permit for dual vocational training depends on other candidates who may be interested in the respective position: when there is another applicant from Germany or the EU or a person with a humanitarian residence permit, they will be preferred for the position. Otherwise, you will be permitted to start the programme. The Federal Employment Agency conducts the labour market priority examination (“Vorrangprüfung”) for each case and decides based on the results.

Residence permits granted for vocational training are usually valid for one to two years and may be extended if you were unable to complete your training programme during that period. Furthermore, you are permitted to work an additional 10 hours per week in another job during your vocational training.

After completing your training, you can apply for a residence permit for job seekers in order to stay in Germany. You can learn more about the residence permit for job seekers in the section "Job hunting".

You can apply for a residence permit when a German university, higher education institution ("Hochschule") or a "Studienkolleg" or another preparatory programme (e.g. a compulsory language course) admits you as a student. (Section 16 par. 1 Residence Act)

In principle, you need the following documents:

• An enrollment certificate or alike
• Proof of a secure livelihood
• Health insurance
• Proof of proficiency in German (only if your language skills have not already been checked by the university or "Studienkolleg")

The residence permits granted for the purpose of education are usually valid for one to two years. If you are unable to complete your studies within this period, your residence permit will often be extended. During your studies, you can work a total of 120 full days per year.

It is also possible to obtain a residence permit in order to apply to a university (§ 16 par. 7 Residence Act). In this case, you will need to present your university entrance qualifications instead of an enrollment certificate. A university entrance qualification is a school-leaving qualification which allows you to enter a university. The residence permits granted to university applicants are usually valid for nine months. Keep in mind that you are not permitted to work during this time.

If you would like to stay in Germany after completing your studies, you can apply for a residence permit for job seekers. You can read more about the residence permit for job seekers in the section "Job hunting".

You can apply for a residence permit or extend your current one when you are looking for a qualified job in Germany, but there are certain conditions to be met. A qualified job is a job that requires training or education.

To qualify for this type of residence permit, you must meet these requirements:

• If you are already in Germany and have just completed your studies here, you can extend your residence permit for another 18 months, during which you can look for a job. You are permitted to work without restrictions during these 18 months, i.e. you may also take on unskilled work. Unskilled work means a job for which one does not need vocational training or university education. Another requirement for the extension of your residence permit is that you can secure a living without state benefits. (§16 par. 4 Residence Acts)
• If you are already in Germany and have a German or foreign university degree which is recognised here, you can apply for and obtain a residence permit valid for six months. Other prerequisites include the ability to secure a living and possessing a residence permit which entitles you to gainful occupation in Germany at the time of applying (i.e. before obtaining a residence permit for job hunting). You are not permitted to work during your job hunting. Once you have found a suitable job, you must apply for a residence permit for employment. After obtaining this residence permit, you can start to work in Germany. Please note: If you cannot find a suitable job within the designated six months, you have to leave Germany and wait for another six months before you can apply for a residence permit for job hunting at the German Embassy again. (§18c par. 3 Residence Act)
• If you are outside Germany and have completed your university education (in Germany or abroad), you can apply for and obtain a residence permit valid for six months. During this time, you can search for a suitable job in Germany. Other prerequisites of this type of residence permit include the ability to secure a livelihood and the recognition of your university degrees (in case you have earned them abroad) in Germany. You are not allowed to work during your job hunting period. Once you have found a suitable job, you must apply for a residence permit for work. It is only after obtaining the residence permit that you are allowed to work in Germany. Please note: If you cannot find a suitable job within the designated six months, you have to leave Germany and wait for another six months before you can apply for a residence permit for job hunting at the German Embassy again. (§18c par. 3 Residence Act)
• If you have successfully concluded a vocational training programme in Germany, you can extend your residence permit for another year. During this time, you can search for a suitable job and are allowed to work without restrictions, i.e. you can take on unskilled works as well. (§§ 16 par. 5b, § 17 par. 3 Residence Act)

You can apply for a residence permit if you want to work in Germany and have a job offer from a Germany-based company or organisation. In principle, a residence permit for the purpose of work is only granted for the jobs which require qualified vocational training or university degrees (§18 Residence Act).

In principle, you need the following documents to apply for this type of residence permit:

• A contract of employment or proof of a specific job offer
• Confirmation of your health insurance coverage
• Evidence of your ability to secure a livelihood
• Possibly your professional certificates or university degrees

Whether you receive a residence permit depends on the other applicants who are interested in the respective job position: when there is another applicant from Germany or the EU or a person with a humanitarian residence permit, they will be preferred for the position. Otherwise, you will be permitted to take the job. The Federal Employment Agency conducts the labour market priority examination (“Vorrangprüfung”) for each case and decides based on the results.

The EU Blue Card is somewhat similar to the American Green Card. Being granted an EU Blue Card usually means that you are entitled to stay in Germany, at least for an initial four years. (§19a Residence Act)

You can receive an EU Blue Card if you:

• have a German university degree or an equivalent qualification and
• can prove that you have a job offer or a job position in Germany with a minimum annual salary of € 49,600 (or € 38,688 for so-called shortage occupations ("Mangelberufe").

Whether you obtain an EU Blue Card usually depends on other possible applicants who can take on the respective job: when there is another applicant from Germany or the EU or a person with a humanitarian residence permit, they will be preferred for the position. Otherwise, you will be permitted to start the programme. The Federal Employment Agency conducts the labour market priority examination (“Vorrangprüfung”) for each case and decides based on the results. Further information regarding the EU Blue Card is available at the websites of the BAMF and the Federal Ministry of Justice and Consumer Protection.

If you wish to works as a self-employed professional in Germany, you can, under certain conditions, apply for a residence permit for the purpose of self-employment (§21 par. 1 sentence 1 Residence Act). In order to come to Germany and start a business, you must meet the following requirements:

• Your business idea must have a positive effect on the German economy.
• The required funds must be secured.
• You must have already gained experience in the relevant field.

For more information, you can refer to the German embassy in your home country or the Immigration Office in the city/district where you would like to locate your company.

Please note: If you have studied in Germany or have a residence permit as a researcher or scientist and would like to become self-employed, you can obtain a residence permit for self-employment only if your planned occupation is related to your studies or previous activities as a scientist. This is the only prerequisite you need to fulfil to obtain a residence permit for self-employment.

If you want to come to Germany to work in a state-recognised research institution, you can apply for and obtain a residence permit for the duration of your research (§20 Residence Act), if:

• you have a hosting agreement from a research organisation recognised by the BAMF.
• the respective research project is actually carried out.
• your specific expertise or skills are verifiable.
• your livelihood is secured.

In principle, the research organisation must also guarantee (in writing) to cover any costs that may incur as a result of your possible unauthorised stay or deportation.

According to §§27ff Residence Act, you can apply for and obtain a residence permit if a close family member of yours holds German nationality (and lives in Germany) or in case a close relative of yours have been issued a German residence permit (and lives in Germany). Close family members, in this case, include spouses, unmarried minor children, the parents of unmarried minor children with German citizenship and the parents of minor unmarried children who have a German residence permit.

If your family member is not a German citizen, you must, in principle, meet the following conditions to reunite with him/her in Germany:

• Your family member must have (at least) a residence permit in Germany.
• Your family member must have sufficient living space.
• Your livelihood must be secured.
• In principle, you need to prove you have a basic knowledge of the german language.

For the refugees to reunite with their families, there are fewer pre-conditions. To learn more about them, please read the "Family Reunification" chapter.