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How to get a residence permit and permanent residence in Germany if you want to immigrate
Ways to obtain a residence permit and permanent residence in Germany
Germany is one of the countries with the most developed economy in the world. It is among the top ten states with the highest standard of living. This country has always been attractive to foreigners because it provided good jobs and social guarantees not only to its citizens, but to everyone who worked for its benefit.
Immigration policy is based on the law "On Foreigners", adopted in 1990, taking into account all subsequent additions and changes. Since January 1, 2005, the Immigration Act has come into force, which significantly simplified the possibility of employment for qualified specialists, considered issues of refugees and assistance to immigrants in their integration into German society. Article 1 of this document is called the "Law on the Stay of Foreigners" and regulates all issues related to the presence of citizens of foreign countries in Germany and their rights. Since April 2012, the EU Blue Card has been introduced in the country — a new form of residence permit for qualified specialists with higher education, initially providing the opportunity to reside in the country for 4 years. In August 2012, the procedure for obtaining a residence permit for entrepreneurs and investors was significantly simplified, and the situation with providing jobs for graduates of German universities changed.
For legal stay in Germany, there are several official opportunities today:
- Labor and business immigration;
- Studying at a German university;
- Marriage;
- Family reunification;
- Return of ethnic Germans to their homeland;
- Jewish line;
- Asylum.
Business immigration
This method is beneficial primarily for businessmen and investors who have the opportunity to invest some funds in the German economy. The most rational form of doing business for foreigners in the case of emigration to Germany is a limited liability company (Gesellschaft mit beschränkter Haftung (GmbH)).
Currently, opportunities for business immigration have become much wider. Now there are no longer any restrictions on the amount of investment and the number of new jobs. Therefore, it has become much easier for a foreigner to set up their own business in Germany.
The same applies to private entrepreneurs, that is, those who work for themselves. They can get a visa to Germany as a private entrepreneur.
Small entrepreneurs can run their business using several methods:
- open a company in Germany;
- open an independent representative office of their company;
- buy a ready-made company in Germany or a share in a German company;
- create a joint venture with German partners.
An immigrant is issued a residence permit, which can be revoked if the company violates German law or proves to be ineffective. The chances of obtaining permanent residence appear after 5 years of legal and successful work, and after 8 years of obtaining permanent residence, one can apply for German citizenship.
Work immigration
To obtain a work visa, you first need to find a job in Germany, which can sometimes be quite difficult even for Germans themselves. In fact, to be in demand on the German labor market, one must either have high qualifications or have a profession for which there is demand in Germany but no local personnel.
Since August 1, 2012, the "Law on the Implementation of the European Directive on the Employment of Highly Qualified Specialists from Third Countries" has been in force, which has significantly facilitated the obtaining of visas for those who have a higher education diploma. This refers to the EU Blue Card, a new visa for highly qualified specialists. Now, obtaining a visa for those who have found work in Germany will be much easier.
The first step to obtaining a work visa is signing an employment contract with a German employer. To do this, you need to go through the process of job search, interviews, and signing a personal contract. You can look for work independently using numerous websites of German companies or employment exchanges, as well as seek help from a company that specializes in finding specialists for work in the West.
First, a national visa is issued for a period of 3-6 months. Upon arrival, it must be exchanged for a residence permit. The residence permit is issued for the period for which the specialist's work contract is concluded. If the contract is indefinite, a visa is issued for 2 years. After this period, if there is still employment, the visa is extended for another 2 years, and so on until the 5-year period is reached, after which it is possible to request permanent residence in Germany. In the first 3 years, the holder of a work visa is prohibited from changing employers (for IT specialists, it is forbidden to work in other fields). This rather severe restriction will not allow changing jobs if the probationary period is not completed successfully. After three years, such a visa can be exchanged for a regular residence permit, no longer tied to a place of work. In case of job loss, you must find another one within three months and change your visa, otherwise it will become invalid.
For Blue Card holders, i.e., people with higher education, the requirements are much softer. Permanent residence under certain conditions can be obtained after just 2 years. Also, after 2 years, you can change employers without any problems.
Education
In order to get a chance to start studying at one of the public or private higher educational institutions in Germany, knowing the German language is simply necessary. Acquiring a German education opens the door to migration. Foreign graduates of German universities must work in Germany for 24 months to be able to obtain permanent residence. Within a year and a half after graduation, a foreigner can look for work in their field. There are options for studying at a secondary specialized educational institution. You can request a visa to study the German language. There are two ways to study the German language. The first is to obtain a Schengen visa for a period of 90 days, which allows you to attend classes without any problems. If we are talking about entering a university, then it is better to get a national visa right away so that you do not have to return for it. The visa for language study has two options: it is extended due to enrollment in an educational institution or limited to a stay for up to one year. In both cases, only language learning is allowed; you cannot work with this visa.
When providing documents on enrollment in a German university, the applicant can count on an initial residence permit for up to 2 years with the possibility of extension.
Marriage
Marriage to a citizen of the country gives the right to migrate to Germany and obtain the status of a permanent resident.
After marriage to a German citizen, a foreigner can obtain a residence permit in Germany for a period of 3 years. As a rule, at first the visa is issued only for a year, and then extended for another two.
To obtain a residence permit in Germany, a foreign spouse must confirm that they have at least A1 level of German language proficiency. In addition, the family must have sufficient living space for their comfortable accommodation.
After three years of marriage, a foreign spouse will be able to apply for permanent residence. At the same time, they will need to complete integration courses and have a B1 level of German language proficiency.
Family reunification
One of the reasons entitling a person to move to Germany and obtain the status of a permanent resident is the motive of family reunification. This can be marriage to a German citizen or having close relatives permanently residing in this country. Such relatives include only parents or children.
Emigration to Germany can also be considered by close relatives and family members of immigrants who came along ethnic or Jewish lines. If the immigrant (husband or wife) with whom reunification is planned is still in applicant status, then only the marriage concluded before obtaining permanent residence visa documents is taken into account.
German laws very strictly stipulate the requirements for a relative residing in Germany. In addition to having no criminal record, they must confirm the availability of certain funds (permanent income) for themselves and the persons being invited. These funds must provide for the cost of living, housing, and cover health insurance. It is also important to prove the necessity of the relative's presence in the family living in Germany: illness, care assistance, household management, childcare.
Ethnic Germans – immigrants
Immigrants include persons who can prove their German nationality by at least half, that is, those who have at least one parent who is an ethnic German. Proof of nationality for the consul can be the nationality "German" in the civil passport, or birth certificates of the applicant's children indicating the parent's nationality, or a military ID or any other official document indicating nationality.
Emigration of Jews to Germany
The German government is responsible for the actions of the Nazis during the Second World War. Among other benefits provided to Jews, anyone who can confirm their Jewish nationality has the right to emigrate to Germany and obtain permanent residence. In addition, close family members of those who meet these requirements have the official right to emigrate to Germany and obtain permanent residence.
Refugee status in Germany
A refugee can be anyone who, for one reason or another, has no place in their own country. Reasons that may be recognized as sufficient to declare a person a refugee may include atypical national or religious affiliation for the region of residence, non-traditional sexual orientation, persecution and repression on political grounds. Pressure from criminal groups may also be a reason for a person to become a refugee.
All issues of obtaining a residence permit in Germany are regulated by the "Residence Act". This status allows you to reside in the country for more than three months, while the period limited by the visa is 90 days. Therefore, if you plan to stay in Germany for more than three months, you need to take care of replacing your visa with a residence permit.
Depending on the motives for obtaining a residence permit, some restrictions on the rights and obligations of foreign citizens in Germany may be imposed. For example, the working hours for students are no more than 16 hours per week, or the right to employment does not apply to family members of a foreigner who came on a work visa.
Residence permit is the initial stage of document processing for those who wish to become a citizen of Germany. It is issued for a period of 3-12 months, depending on the purpose of arrival, and is periodically extended at local offices of the immigration service. This is possible if the conditions on which it was previously obtained are maintained. The holder cannot be absent from the country for more than 90 days a year. For a longer period of absence, permission is required, otherwise the residence permit in Germany may be revoked.
Granting permanent residence in Germany is a status of indefinite residence, giving foreign citizens the right to employment and social guarantees without any restrictions. Such an immigrant becomes a full member of German society, has all the rights and obligations except the right to vote and the opportunity to work in a public office.
Since 2001, an applicant for German citizenship must have lived in the country for 8 years. In addition, one of the immutable conditions for obtaining German citizenship is the financial situation of the applicant. They must have a stable income to meet the needs of the entire family and real estate that meets the requirements of the law.
Another condition for granting German citizenship is knowledge of the German language sufficient for a full life in the country.
A candidate for German citizenship must not have any criminal offenses.
More information can be found on the website of the German Embassy in Minsk: http://www.minsk.diplo.de/Vertretung/minsk/ru/Startseite.html
The necessary list of documents for a particular visa can be found on the website: http://www.minsk.diplo.de/Vertretung/minsk/ru/01/Visa__neu__19.08.09/visa__merkbl_C3_A4tter__neu2__ru.html
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