Article was updated in November 2023 due to the implementation of the requirements of Directive (EU) 2021/1883 by the German legislator
With the Skilled Immigration Act, which came into force in March 2020, and the implementation of the requirements of Directive (EU) 2021/1883 in November 2023, the legislator has created numerous new regulations with regard to labour migration.
According to the law, the following persons are deemed to be "specialists":
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- Skilled workers with vocational training (§ 18a AufenthG)
- Skilled workers with an academic qualification (§ 18b AufenthG)
- Researchers (§ 18d AufenthG)
- Holders of the EU Blue Card (§ 18g AufenthG)
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The new regulations include, in particular, the settlement permit for skilled workers in accordance with Section 18c AufenthG.
Settlement permit for skilled workers
Skilled workers who have received a residence permit for the purpose of labour migration in accordance with Sections 18a (skilled worker with vocational training), 18b (skilled worker with academic training), 18d (researcher) and 18g (EU Blue Card) AufenthG can apply for a settlement permit in accordance with Section 18c AufenthG under certain privileged conditions.
It is therefore possible to apply for a permanent residence permit if the skilled worker
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- has been in possession of a residence permit in accordance with §§ 18a, 18b, 18d or 18g for 4 years,
- has a job that may also be filled by her in accordance with the requirements of §§ 18a, 18b, 18d or 18g,
- has paid compulsory or voluntary contributions to the statutory pension insurance scheme for at least 48 months or provides evidence of expenses for an entitlement to comparable benefits from an insurance or pension scheme or an insurance company,
- has sufficient knowledge of the German language (corresponds to the B1 certificate) and
- has a secure means of subsistence,
- does not pose a threat to public safety or order,
- has basic knowledge of the legal and social order and living conditions in Germany,
- have sufficient living space for themselves and their family members.
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Settlement permit for the EU Blue Card
A foreigner who holds an EU Blue Card must be granted a settlement permit in accordance with Section 18c (2) AufenthG if they
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- has been employed for 33 months in accordance with § 18g AufenthG,
- has paid into the pension insurance scheme for 33 months,
- have a basic knowledge of the German language (equivalent to the A1 certificate).
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(If the foreigner even has sufficient language skills (equivalent to the B1 certificate), the time is reduced from 33 months to 21 months).
The foreigner must also fulfil the following requirements:
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- The livelihood must be secured,
- There must be no danger to public safety and order,
- The foreigner must have a basic knowledge of the legal and social order,
- He must have sufficient living space for himself and, if necessary, his family.
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Special features for issuing a settlement permit to graduates and highly qualified specialists
If you have successfully completed a course of study or vocational training in Germany, the required period of possession of a residence permit is reduced to two years. In addition, contributions to the statutory pension insurance scheme only need to have been paid for a period of 24 months.
Highly qualified skilled workers can also be granted a settlement permit in accordance with Section 18c (3) AufenthG if they do not fulfil all of the aforementioned requirements. However, they must prove in particular that they will integrate into German living conditions and society without any problems and that their livelihood is secure
Pursuant to Section 18c (3) sentences 1 and 2 AufenthG, highly qualified skilled workers include, for example, academics with special expertise or teachers or academic staff in prominent positions. In this respect, the list of examples is not exhaustive.
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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