Unlike some other European countries, Germany supports the immigration of skilled workers and, since 2005, has applied for a permanent residence permit for all highly skilled workers instead of offering them a first five-year visa, as it was the case before. In fact, under German immigration law, the rule of law regarding surveillance was changed 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 hold a visa and are sufficiently competent can legally apply for a work permit. This applies to close relatives who subsequently wish to join their family in Germany.
Foreign graduate students from a German university can stay in the country for 18 months after graduation. Students with a valid degree from German universities can stay on a job seeker visa for up to 6 months.
Entrepreneurs who could invest around € 250,000 and create jobs through their initiatives can also apply for a permanent business visa in Germany.
Also, as Germany is a member of the Schengen Agreement, people holding a Schengen visa can stay and roam freely in Germany. However, this applies to countries that are members of this agreement.
The business visa is granted to people with experience and services which are in high demand in Germany. If your investment can have a positive impact on the German economy or if you have enough money (at least € 250,000) to start a business, the chances of getting an entrepreneur visa are very good.
Visa holders for entrepreneurs have the same rights as all other German nationals. No German employee or guarantor needs to be named or proven to obtain this visa. There is a gestation period of three years after the creation of the company in Germany and once the company has been established for these three years, the founder can obtain unlimited residence permits so that he can stay or enter Germany at any time.
Visas for spouses and children
People who marry German citizens have the same rights as the permanent citizen with whom they are married, which means that if the spouse is allowed to work, the foreigner who is married to him can continue to 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. 16+ minors can also join their parents in Germany, provided they speak German. This also applies to children who move to Germany and where both parents or a custodial parent reside permanently in the country.
The homosexual community has the same rights as heterosexuals in Germany and they are treated the same as married couples in Germany.
Germany van der Elst Visa
The “van der Elst” judgment declares 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.
Also, a non-EEA employee who has resided in the EEA under the responsibility of an employer or a service provider for more than 12 months does not need to obtain an additional work permit, provided he applies for a ‘van der Elst.
Permanent residence in Germany
Separate living and working visas are not required to stay and work in Germany. Employees are only allowed to apply for a residence visa and they automatically obtain a work permit to work in the country.
Legal residents of the United States, Australia, Canada, Israel, Japan, New Zealand, Switzerland, and other 2005 countries listed in the Immigration Act can apply for residence and work permits when resident in Germany. Residents of other countries must apply to the German embassy or consulate before entering Germany.
The procedure for applying for immigration to Germany
Phase 1: The potential immigrant must complete the application for a residence permit which also gives access to the labour market. It must be received by the German Embassy in the country of origin of the alleged immigrant.
Step 2: The embassy sends this request to the immigration office known as Auslaenderbehoerde at the workplace for the potential immigrant. The immigration office now checks the application in collaboration with the employment office called Arbeitsamt of the location selected by the potential immigrant and makes a decision.
Step 3: Once the application has been approved, the embassy will issue an entry visa to the candidate.
Step 4: The immigrant and his family members can apply for work and residence permits from the local foreign national authority upon their arrival in the country.