German Immigration Law: The different German residence titles for the purpose of economic activity (e. g. contract work or freelance work) in Germany.

The German Residence Act (AufenthG) has the objective to control the migration to Germany from the viewpoint of the economic and labor market interests of the German state.

Therefore the admission of foreign employees is dependent on the requirements of the German economy, according to the consideration of the German labour market situation and the need to effectively combat unemployment.

Under this premise, especially the migration of highly skilled workers from other countries to Germany is fostered by the German state.

The residence titles for the purpose of economic activity in Germany are laid down in Chapter 2, paragraph 4 of the Law on the residence, employment and the integration of foreigners in Germany (German Residence Act, AufenthG).

Moreover, in 2012 Germany implemented the Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment into the German immigration law.

German Immigration authorities are therefore now authorized to issue the EU Blue Card to applicants, if the requirements are met.

The EU Blue Card is a residence permit for the purpose of occupation for non-EU citizens with an academic qualification and a certain minimum income.

The holder of the EU Blue Card will not only have the right to work in Germany, he will also have the right to travel to other countries of the European Union.

Initially the EU Blue Card will be issued for no longer than 4 years. If the work contract of the applicant will be valid less than 4 years, the EU Blue Card will be issued only for that time.

Generally the German Residence Act provides the following residence titles for people planning an economic activity in Germany.

Temporary Residence permit for employment according to section 18 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for employment purposes according to section 18 para 3 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for employment purposes according to section 18 para 4 sentence 1 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for employment in the public interest according to section 18 para 4 sentence 2 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for qualified tolerated foreigners with a degree in Germany according to section 18 para 1 no. 1a of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for qualified tolerated foreigners with a recognized university degree or equivalent and two years of continuous employment in Germany according to section 18a para 1 no. 1b of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for a qualified tolerated foreigner who practiced as a specialist for three consecutive years in Germany according to section 18a para 1 no 1c of the German Residence Act (Aufenthaltsgesetz).

– Permanent residence permit for a graduate of a German university according to section 18b of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for job search according to section 18c of the German Residence Act (Aufenthaltsgesetz).

– Permanent Residence permit for highly qualified persons according to section 19 of the German Residence Act (Aufenthaltsgesetz).

– Permanent Residence permit for highly qualified persons without assignment according to section 19 para 2 of the German Residence Act (Aufenthaltsgesetz).

– Permanent Residence permit for highly qualified scientists according to section 19 para 2 no. 1 of the German Residence Act (Aufenthaltsgesetz).

– Permanent Residence permit for highly qualified teachers according to section 19 para 2 no. 2 of the German Residence Act (Aufenthaltsgesetz).

– EU Blue Card for foreigners with regular occupations according to section 19a para 1 of the German Residence Act in conjunction with section 41a of the Employment Regulation.

– EU Blue Card for foreigners with shortage occupations according to section 19a of the German Residence Act in conjunction with section 41 para 2 of the Employment Regulation.

– Permanent Residence permit for a holder of an EU Blue Card according to section 19a para 6 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for the purpose of research according to section 20 para 1 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for researchers employed in another EU Member State according to section 20 para 1 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for the purpose of self-employment according to section 21 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for the purpose of self-employment (economic interest), section 21 para 1 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for the purpose of self-employment (with regard to international treaties between the country of the foreigner and Germany) according to section 21 para 2 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for the purpose of self-employment (freelancers) according to section 21 para 1 of the German Residence Act (Aufenthaltsgesetz).

– Permanent residence permit for the purpose of self-employment (after 3 years) according to section 21 para 4 sentence 2 of the German Residence Act (Aufenthaltsgesetz).

– Temporary Residence permit for the purpose of self-employment (for graduates of German universities) according to section 21 para 2 of the German Residence Act (Aufenthaltsgesetz).

Important Note: This article has been prepared by mth Tieben & Partner for general information purposes only. Mth Tieben & Partner does not accept any liability to any person or organisation for the use or reliance of the information contained in this article. On any specific matter, kindly contact us by dialing 0221 – 80187670 or sending us an email to info@mth-partner.de

Lawyers in Cologne provide legal advice on German immigration law.

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2 Comments

  1. Dear Sir/Madam,

    Thank you for the interesting, informative article. I have learnt a lot from it.

    I am a Nigerian. I teach at the Institute of African Studies and Egyptology, University of Cologne. I have a permanent appointment with the University. I want to bring my wife from Nigeria. I am, however, wondering if I am also considered as a „highly-skilled worker“. I asked this because she doesn’t have a German language certificate yet.

    Thank you once again in anticipation of your response.

    Kind regards,
    Muhsin

  2. I am saikou Juwara from The Gambia West Africa
    I had my application since 22nd August, 2017.
    The embassy did their of my documents and the result was positive and the registrar office in Ravensburg also accept our marriage and the result also from registrar was positive and now both authorities said the decision is up to the Aliens Authority and today my wife had an appointment with the aliens Authority, the man she meet at the aliens Authority told my wife he will not give a positive recommendation to the embassy because of her poor financial background, my wife was mentally ill before that stop her from working whiles she stayed at the clinic. She is better now but the memory remains not 100% fit to chose every job that comes to her, and is difficult for her to chose any jobs that comes to her way she tried to take some full time job but because of her nature, not every job can suits her, but she is always looking for full time job that suits her, and which is part of the reasons it is important for us to move to German and live with her, together i can support her and build better feature together, she will not depend on state anymore, because I am a kind person I believe work and I am educated and I want to help my wife. And we also got enough informations from the Internet that financial background are not relevant and should not denied the visa if the if the order partner is a German, the visa should only be denied when both are foreigners.
    I am looking for property information here??

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