Economic migration (third-country nationals)
Anyone who wishes to work in Germany as an economic migrant needs a residence title for the purpose of gaining employment. The individual’s qualifications and skills are crucial. There are special procedures and conditions that ease the process of immigration for highly-qualified professionals, academics and the self-employed. The following overview breaks down the conditions set out in the Residence Act.
General (sec. 18 of the AufenthG – Residence Act)
The admission of foreign workers is based on the requirements of Germany as an economic location. In this regard, the conditions on the labour market are also taken into consideration. A residence title for employment can therefore only be granted if a specific job offer has been made (sec. 18 subs. 1 of the Residence Act).
With regard to economic migrants who hold a residence title in accordance with sec. 18 of the Residence Act, a distinction must be made between professions that must be approved by the Bundesagentur für Arbeit (Federal Employment Agency) before being exercised and professions that do not require approval (see sec. 18 subs. 2). According to the Employment Ordinance (Beschäftigungsverordnung), professions that do not require approval include managers, journalists and professional athletes.
Highly-qualified persons (sec. 19 AufenthG – Residence Act)
Highly-qualified persons may obtain a settlement permit from the outset. These persons are in particular academics with particular specialist knowledge, teachers and academic employees in key roles, and specialists and executive employees with particular professional experience and a minimum salary amounting to the contribution assessment ceiling for general pension insurance (currently €66,000).
Researchers (sec. 20 AufenthG – Residence Act)
A researcher may obtain a residence permit for research purposes if a research institution that is recognised by the Federal Office for Migration and Refugees has signed an acceptance agreement to carry out a research project with him or her.
Doctoral candidates who are writing their dissertation as part of research work for which an acceptance agreement has been agreed with a research institution recognised by the Federal Office for Migration and Refugees are also covered by the scope of the Researcher Directive and may obtain a residence title in accordance with sec. 20 of the Residence Act.
In order to allow parts of the research project to be carried out in the Federal Republic, a residence permit or a visa can be granted to a researcher who holds a residence title from another Member State of the European Union in accordance with the EU Directive on researchers. (However, this applies only in the case of residence exceeding more than three months if the researcher fulfils the conditions set out in sec. 20 subs. 1 of the Residence Act.)
Self-employed persons (sec. 21 AufenthG – Residence Act)
An entrepreneur may obtain a residence permit to carry out self-employed activity if there is a greater economic interest at stake or a particular regional need, if the activity is likely to have a positive effect on the economy and if the finance for it is secured (sec. 21 subs. 1, sentence 1 of the Residence Act). As a rule these conditions are fulfilled with an invested sum of €250,000 and the creation of five jobs.
Self-employed persons who have successfully established their activity and whose livelihood is secured may obtain a settlement permit after a period of three years (sec. 21 subs. 4 of the Residence Act).
Other types of economic migration
In addition, there is the option of being employed in Germany as a contract employee or a seasonal worker.
