Immigration Law: Procedure and Requirements for the Issuance Process of a Visa for Employment (National Visa)

Germany is an attractive destination for qualified professionals from around the world due to its thriving job market, strong economy, and high quality of life. For many foreign professionals, the question arises of how to obtain a residence permit under Section 18a or Section 18b of the Residence Act (AufenthG). This guide provides a detailed explanation of the steps to apply for such a residence permit, including the role of German embassies abroad.

Overview of the Residence Permit under Section 18a and Section 18b AufenthG

Before diving into the details of the application process, it is important to understand the legal framework:

• • • Section 18a AufenthG:This section is aimed at skilled workers with a recognized qualified vocational training. This includes professions that typically require vocational training or an equivalent qualification.
    • Section 18b AufenthG:This section is intended for skilled workers with an academic education, particularly for individuals with a university degree. This may involve a degree from the country of origin that is comparable to a German degree. Both residence permits are focused on employment and aim to address the shortage of skilled workers in Germany.

Both residence permits are designed for the purpose of gainful employment and are intended to alleviate the shortage of skilled labour in Germany.

Requirements for Obtaining a Residence Permit

The issuance of a residence permit under Section 18a or Section 18b AufenthG depends on various factors:

Required Qualifications

For the issuance of a residence permit under Section 18a, recognized qualified vocational training is necessary. For Section 18b, a university degree is required. It is important to emphasize that the recognition of foreign qualifications by German authorities is essential.

• • • Professional Recognition (for Section 18a): Foreign vocational qualifications must be recognized as equivalent in Germany. This can be done through a recognition body (e.g., the Chamber of Crafts).
    • Academic Recognition (for Section 18b): Foreign university degrees must either be recognized as equivalent through an equivalence certificate (e.g., by the Central Office for Foreign Education) or directly by the immigration authority.

Employment Contract or Binding Job OfferEmployment contract or binding job offer

Another key criterion is the existence of an employment contract or a binding job offer from a German employer. This contract must match the qualifications of the skilled worker and demonstrate that the salary meets industry standards.

Language Skills

Depending on the profession and region in Germany, German language skills may be required. Generally, a language level of at least B1 according to the Common European Framework of Reference for Languages (CEFR) is required, especially for professions involving significant customer interaction or where communication in German is necessary.

Approval from the Federal Employment Agency

In certain cases, the Federal Employment Agency must approve the employment. This approval checks whether the working conditions meet German standards and whether no preferential workers (German nationals or EU citizens) are available. This process is governed by the priority principle, which may be waived in certain cases.

Preparing the Application: A Detailed Process

The process of applying for a residence permit under Section 18a or Section 18b AufenthG begins in the applicant’s home country and involves several important steps:

Securing an Employment Contract

The first and most crucial criterion for obtaining a residence permit is having a valid employment contract or a binding job offer. This requires the applicant to establish contact with a potential employer in Germany before applying for the residence permit.

• Job Boards and Networks: Applicants should use the numerous job boards and platforms specifically aimed at international professionals. Platforms like „Make it in Germany,“ the Central Placement Service for International Professionals (ZAV), or private job boards offer valuable resources.Applicants should use the numerous job exchanges and platforms that are specifically geared towards international specialists. Platforms such as "Make it in Germany", the International Placement Services (ZAV) or private job boards offer valuable resources.
• Networks and Fairs: Career fairs specifically targeting international professionals, as well as professional networks (e.g., LinkedIn), can also be helpful platforms for connecting with German employers.Career fairs aimed specifically at international professionals and professional networks (e.g. LinkedIn) can also be helpful platforms for making contact with German employers.

Recognition of Qualifications

Once an employment contract is in place, the next step is the recognition of qualifications. This is a critical step, as no residence permit can be issued without the recognition of foreign degrees or qualifications.

• • • Recognition processRecognition Process: The recognition process can vary depending on the profession and qualification. For regulated professions in Germany (e.g., doctors, engineers, teachers), recognition is mandatory. Recognition is carried out by the relevant chambers or authorities, such as the Chamber of Industry and Commerce (IHK) for technical professions.
    • Recognition Offices and Advisory Services: There are specialized advisory services that support the recognition process, such as the IHK recognition advisory service or the „IQ Network“ advisory office.There are special counselling services that support the recognition process, such as the recognition counselling service of the IHKs or the "IQ Network" counselling centre.

Applying for the National Visa

After successfully recognizing qualifications and securing an employment contract, the application for a national visa is submitted at the German embassy or consulate in the applicant’s home country.

• • • Appointment SchedulingIt is advisable to schedule an appointment with the embassy or consulate early, as waiting times can vary significantly depending on the country.
    • Visa Documents:Required documents include:
      • Valid passport
      • Employment Contract or Binding Job OfferEmployment contract or binding job offer
      • Recognition certificate of qualifications
      • Proof of sufficient financial means (if required)
      • Proof of health insurance coverage
      • Language proficiency certificate (if required)
      • Motivation letter and CV
      • Visa application form
    • FeesFees: The visa fee is usually €75 but may vary depending on the country and type of visa.

Visa Review and Issuance

The embassy or consulate reviews the submitted documents and, if necessary, seeks approval from the competent immigration authority in Germany. This process can take several weeks to months, depending on the complexity of the case and the number of applications.

• • • Consent of the foreigners authorityImmigration Authority Approval: In some cases, the approval of the immigration authority in Germany is required before the visa can be issued. This authority checks whether the requirements for issuing the residence permit are met and whether the stay complies with German laws.
    • Notification and Entry: After a positive review, the national visa is issued, typically valid for three to six months, allowing entry to Germany.After a positive examination, the national visa is issued, which is usually valid for three to six months and authorises entry to Germany.

Arrival in Germany: Next Steps

Once you have entered Germany, the process is not yet complete. There are several important steps that need to be completed within the first few weeks in Germany:

a. Registration with the residents' registration office

Applying for the Residence Permit at the Immigration Office: With the national visa, the applicant can now apply for the residence permit under Section 18a or Section 18b AufenthG at the competent immigration office in Germany.

b. Applying for a residence permit at the foreigners authority

With the national visa, the applicant can now apply for a residence permit in accordance with § 18a or § 18b AufenthG at the responsible immigration authority in Germany.

• • • Documents for the Immigration Office: Required documents include:
      • Registration certificate from the residents‘ registration office
      • Passport
      • Employment contract
      • Recognition certificate of qualifications
      • Proof of health insurance coverage
      • Proof of sufficient financial means (if required)
    • Processing Time: Processing time may vary depending on the immigration office but typically takes a few weeks.

Issuance of the Residence Permit

After a positive review by the immigration office, the residence permit is issued. This is usually valid for the duration of the employment contract but can be extended if necessary. It is important to note that the residence permit is tied to the specific purpose of employment.

Long-Term Perspectives: Permanent Residence and Naturalization

With a residence permit under Section 18a or Section 18b, foreign professionals can stay and work in Germany long-term. After a few years, it is possible to apply for a permanent residence permit.

• • • Requirements for Permanent Residence: This includes:
      • At least four years of residence in Germany with a residence permit for skilled workers.
      • Proof of ongoing employment and sufficient income.
      • Sufficient German language skills (usually B1 or higher).
      • Basic knowledge of the German legal and social system.
    • Naturalization: After eight years, naturalization can also be applied for, provided the applicant is well integrated, demonstrates sufficient language skills, and commits to the German constitution.

Conclusion

Applying for a residence permit under Section 18a or Section 18b AufenthG through the German embassy is a comprehensive process requiring careful preparation and a thorough understanding of the requirements. From securing an employment contract to recognizing qualifications, successfully applying for the visa, and subsequently obtaining the residence permit, many steps must be considered. However, with the right planning and preparation, a successful career and a new life in Germany can begin.

This guide is intended to provide you with a comprehensive overview of the process and help you achieve your goals in Germany.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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