German Immigration Law: The Various Residence Permits for Employment Purposes in Germany and the EU Blue Card

The rules regarding residence for employment purposes are comprehensively outlined in Chapter 2, Section 4 of the Act on the Residence, Employment, and Integration of Foreigners in the Federal Territory (Residence Act, AufenthG). Within this legal framework, the Residence Act distinguishes between three different residence titles, each with specific requirements and entitlements.

A significant innovation in German immigration law was the introduction of the EU Blue Card, implemented as part of the Council Directive 2009/50/EC of May 25, 2009, which governs the conditions for entry and residence of third-country nationals for the purpose of highly qualified employment. The EU Blue Card is a temporary residence title initially issued for up to four years. It enables highly qualified professionals from third countries to work in Germany and establish themselves long-term.

With the enactment of the Skilled Immigration Act on March 1, 2020, the provisions of Section 4 of the Residence Act were significantly revised and expanded. This reform aimed to make the immigration of skilled workers more attractive and practical. New opportunities for employment were created that are more closely aligned with the current needs of the labor market.

In 2021, the German legislature further adjusted and expanded immigration options in response to the implementation of Directive (EU) 2021/1883, which amended the conditions for the entry and residence of highly qualified workers. These recent adjustments aim to further facilitate access to the German labor market for highly qualified professionals, better meeting the demands of a globalized and dynamic economy.

The continuous adjustments and expansions of the legal provisions underscore the importance of a flexible and forward-looking immigration policy that meets the needs of both the German economy and the legitimate interests of immigrants.

The continuous adjustments and expansions of the legal provisions underscore the importance of a flexible and forward-looking immigration policy that meets the needs of both the German economy and the legitimate interests of immigrants.

The Residence Act provides the following options for foreign nationals interested in residing in Germany for employment purposes:

Residence titles for skilled workers with vocational training

– Residence permit for a skilled worker with vocational training, § 18a AufenthG

Residence titles for skilled workers with academic qualifications

Residence permit for a skilled worker with academic qualifications, § 18b AufenthG

Settlement permit for skilled workers, § 18c para. 1 AufenthG

Settlement permit for holders of an EU Blue Card, § 18c para. 2 AufenthG

Settlement permit for highly qualified professionals (scientists with special expertise or teaching staff in a prominent position) with academic qualifications, § 18c para. 3 AufenthG

Residence titles for research purposes

Residence permit for research purposes, § 18d para. 1 AufenthG

Residence permit for research purposes for internationally protected persons in the EU, § 18d para. 6 AufenthG

Residence permit (short-term mobility for researchers), § 18e AufenthG

Residence permit for mobile researchers for research purposes for more than 180 days in the federal territory, § 18f para. 1 AufenthG

EU Blue Card

EU Blue Card for regular occupations, § 18g para. 1 sentence 1 AufenthG

EU Blue Card for shortage occupations, § 18g para. 1 sentence 2 no. 1 AufenthG

EU Blue Card for entry-level workers, § 18g para. 1 sentence 2 no. 2 AufenthG

EU Blue Card for graduates of tertiary education programs, § 18g para. 2 AufenthG

Short-term mobility for holders of an EU Blue Card, § 18h AufenthG

Long-term mobility for holders of an EU Blue Card, § 18i AufenthG

Residence titles for intra-corporate transferees

ICT Card for intra-corporate transferees (executives or specialists), § 19 para. 2 AufenthG

ICT Card for intra-corporate transferees (trainees), § 19 para. 3 AufenthG

Mobile ICT Card for executives, specialists, or trainees for intra-corporate transfers of more than 90 days, § 19b para. 2 AufenthG

Residence titles for other employment purposes

Residence permit for employment based on the Employment Regulation or an international agreement, independent of qualification as a skilled worker, § 19c para. 1 AufenthG

Residence permit for employment based on the Employment Regulation for foreigners with substantial practical work experience, § 19c para. 2 AufenthG

Residence permit for employment in the public interest (particularly regional, economic, or labor market interest), § 19c para. 3 AufenthG

Residence permit for foreigners in civil service with a German employer, § 19c para. 4 AufenthG

Residence titles for qualified tolerated individuals for employment purposes

Residence permit for qualified tolerated individuals with German vocational training or a German university degree, § 19d para. 1 no. 1a AufenthG

Residence permit for qualified tolerated individuals with a recognized or comparable foreign university degree and two years of continuous employment, § 19d para. 1 no. 1b AufenthG

Residence permit for qualified tolerated individuals who have been continuously employed for three years, § 19d para. 1 no. 1c AufenthG

Residence titles for participation in European Voluntary Service

Residence permit for participation in European Voluntary Service, § 19e para. 1 AufenthG

Residence titles for job seekers

Residence permit for job seekers with a German university degree, § 20 para. 1 no. 1 AufenthG

Residence permit for job seekers after completion of research activities, § 20 para. 1 no. 2 AufenthG

Residence permit for job seekers after completing a German vocational training, § 20 para. 1 no. 3 AufenthG

Residence permit for job seekers after recognition of professional qualifications or issuance of a professional practice license in Germany, § 20 para. 1 no. 4 AufenthG

Residence permit for job seekers after completing an assistant or helper training program in a state-recognized or comparably regulated training occupation in healthcare and nursing, § 20 para. 1 no. 5 AufenthG

Opportunity Card (Chancenkarte)

Residence permit, search-opportunity card under § 20a para. 5 sentence 1 AufenthG

Residence permit, follow-up opportunity card under § 20a para. 5 sentence 2 AufenthG for up to two additional years if a job offer for qualified employment exists, but a regular residence title for employment cannot yet be issued.

Residence titles for self-employment

Residence permit for the exercise of self-employment (economic interest), § 21 para. 1 AufenthG

Residence permit for the exercise of self-employment (under international law privileges), § 21 para. 2 AufenthG

Residence permit for graduates of a German university to pursue self-employment based on their academic qualification, § 21 para. 2a AufenthG

Residence permit for foreign professionals to establish a business if they have a scholarship, § 21 para. 2b AufenthG

Residence permit for the exercise of self-employment (freelancers) under § 21 para. 5 sentence 1 AufenthG

Settlement permit for the exercise of self-employment (after 3 years) under § 21 para. 4 sentence 2 AufenthG

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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