Have you ever wondered how you can successfully gain a foothold in Germany despite the seemingly confusing bureaucracy and complex legal norms? You are not alone - and this is exactly where this guide comes in. In the following sections, you will learn how you can strategically utilise the numerous routes into German immigration law. Whether it's work, study, family reunification or entrepreneurship - we show you which visa and residence options are available and how you can cleverly circumvent existing hurdles. Read on and discover practical tricks and tips from the world of immigration law that can pave the way to your new future in Germany.

1. overview of German immigration law

Germany offers a wide range of immigration options that are specifically tailored to different target groups. The legal provisions of the Residence Act (AufenthG) regulate in detail which requirements must be met for visas and residence permits to be issued. The regulations go in many directions:

  • Short-term visas (Schengen visas): These authorise a stay of up to 90 days within a period of 180 days. These are intended for tourism, business trips or short-term visits.
  • Long-term visas (type D national visas): These are aimed at people who wish to stay in Germany for longer than 90 days. In addition, the issue of a national visa often forms the basis for subsequent conversion into a residence permit.
  • Specialised residence permits: For example, the EU Blue Card and skilled worker visas in accordance with Sections 18a, 18b and 18g AufenthG are aimed at bringing highly qualified skilled workers, academics or people with special vocational training into the country.
  • Options for entrepreneurs and investors: With the self-employed visa in accordance with Section 21 AufenthG, people who want to realise a business idea or invest in the German market can obtain permanent residence.
  • Family reunification and special regulations: In addition to the classic reunification of spouses, there are special regulations that allow children and, in exceptional cases, parents or siblings to join them.
  • Special cases, such as asylum procedures or residence as a refugee: There are special regulatory provisions for people travelling to Germany for humanitarian reasons, which are often linked to special integration measures.
  • Options for students and graduates: International students can apply for a job-seeking visa after graduation, which makes it easier for them to transition into a longer-term work stay.

The complexity of German immigration law results from the numerous regulations and specific requirements for different target groups. In the following, we would like to summarise these topics for you in an understandable and practical way.

2 The EU Blue Card and skilled worker visas

2.1 The EU Blue Card - opening doors for highly skilled workers

The EU Blue Card is a special residence permit that facilitates access to the German labour market for highly qualified skilled workers from non-EU countries. The most important requirements and advantages at a glance:

  • Requirements:
    • University degree or comparable qualification: Recognition of the foreign qualification plays a central role here.
    • Concrete employment contract: An employment contract with a minimum salary (for 2023 around 58,400 euros gross per year; in shortage occupations such as engineering, IT or medicine, the limit is often around 45,552 euros).
    • Suitable occupation: The job must match the qualification.
  • Advantages:
    • Family reunification without major language barriers: Relatives are often allowed to join you under simplified conditions without having to demonstrate extensive knowledge of German.
    • Accelerated path to a settlement permit: After 33 months (or 21 months if you have sufficient German language skills at B1 level), you can apply for a permanent settlement permit.
    • Flexibility when changing jobs: Although a change of employer is subject to authorisation in the first two years, it is generally easier to change jobs after that.

The Blue Card is therefore an ideal way for many skilled workers not only to work in Germany, but also to stay here long-term.

2.2 Differences to skilled worker visas in accordance with Sections 18a and 18b AufenthG

In addition to the Blue Card, there are also specific visas for skilled workers with vocational training and for academics:

  • Skilled workers with recognised vocational training (Sec. 18a AufenthG):
    This category is aimed at people who have a recognised professional qualification (for example, following an IHK/FHK examination). A specific employment contract is often required here, which fulfils the usual minimum conditions in the respective profession. Under this option, a B1 language level may often be required, especially in regulated professions such as nursing.
  • Skilled workers with an academic qualification (§ 18b AufenthG):
    Similar criteria apply to academics as for the Blue Card, however in some cases the Blue Card may be more favourable as it opens up more opportunities for quick settlement and often requires less stringent language requirements (knowledge of English may be sufficient).

The choice between the different visas depends on your individual qualifications and the specific job requirements. In many cases, the flexibility and faster possibility of obtaining permanent residence outweigh the advantages of the EU Blue Card.

3. the opportunity card - points system for qualified immigrants

Another innovative instrument in German immigration law is the Chancenkarte. This points-based residence permit option was developed specifically for skilled workers who do not yet have a concrete employment contract but still have the potential to find a challenging job.

3.1 How the opportunity card works

The opportunity card enables qualified skilled workers to enter Germany for a limited period of time - without a fixed job offer. The following applies:

  • Points system:
    Applicants must achieve certain minimum scores. Points are awarded for criteria such as
    • Language skills (German A1 or better, English B2)
    • Vocational training or university degree
    • Professional experience and age
    • Connection to Germany (e.g. previous residence, family relationships)
    • Specific qualifications in shortage occupations, for example in care or IT
  • Rights during your stay:
    With the Chancenkarte you receive:
    • One year of residence, which can be extended by up to two years
    • The option to take up trial work for up to two weeks per employer
    • The option to work part-time for up to 20 hours per week to support yourself

These flexible models are particularly interesting for people who are still in the job search phase and want to prove their qualifications during their stay in Germany.

3.2 Practical tips: How to maximise your chances

Some practical measures to maximise your chances of success:

  • Documentation and preparation:
    Make sure to submit all relevant documents - such as certificates, job references, proof of language skills and letters of reference - without gaps and in certified translations.
  • Proof of connection to Germany:
    Evidence of pre-existing connections (such as a temporary stay or family ties) can also be viewed favourably.
  • Flexibility:
    Use the opportunities for trial work and part-time jobs to gain valuable work experience and at the same time secure yourself financially.

4. asylum procedures and work opportunities for refugees and tolerated persons

Not every immigrant comes to Germany via the traditional skilled labour route. There are specific regulations for people who enter the country for reasons of asylum or humanitarian emergencies.

4.1 The asylum procedure - a multi-stage process

The procedure for applying for asylum in Germany involves several stages:

  • Arrival and initial registration:
    Upon arrival, asylum seekers register at an initial reception centre. Essential personal data and fingerprints are recorded there.
  • Application to the BAMF:
    The actual application for asylum is made in person at the Federal Office for Migration and Refugees (BAMF). Here, the reason for fleeing is explained in detail in a personal interview.
  • Allocation and hearing:
    Once the application has been submitted, you will be allocated to accommodation and a personal interview will take place in which your reason for fleeing will be examined in detail.
  • Decision-making:
    After the hearing, the application is assessed and there are various options: Recognition as a refugee, subsidiary protection, protection against deportation (ban on deportation) or rejection of the application.
  • Legal remedy:
    If the application is rejected, it is possible to lodge an appeal within a specified period.

4.2 Work permits for refugees and tolerated persons

Access to the labour market for people in the asylum procedure differs in the first few months:

  • First three months:
    As a rule, asylum seekers are not permitted to pursue gainful employment in the first three months.
  • After three months:
    They can then apply for a work permit under certain conditions. As a rule, approval must be obtained from the foreigners authority and - if necessary - from the Federal Employment Agency.
  • Exceptions for recognised refugee status:
    People with recognised refugee status, subsidiary protection or protection against deportation often enjoy unrestricted access to the labour market.

4.3 Integration into the labour market

There are a variety of measures to make it easier for refugees to access the German labour market:

  • Integration courses:
    These include language lessons as well as information about social and legal life in Germany.
  • Job-related language courses:
    Are offered specifically to facilitate entry into the labour market.
  • Advice from the employment agency and job centre:
    Individual counselling and placement in work and training programmes provide support in the job search.
  • Recognition of foreign professional qualifications:
    With the help of advice centres and special networks such as the IQ network, foreign qualifications can be recognised.

The entire process requires commitment and extensive documentation, but it paves the way for those affected to enter the labour market and ultimately lead a self-determined life in Germany.

5. entrepreneurial paths - founding and investing in Germany

More and more immigrants are discovering that Germany is not only a labour market, but also a country with diverse economic opportunities. There are special visa and residence permit types for entrepreneurs, founders and investors that are tailored to the specific needs of this target group.

5.1 Self-employed visa according to § 21 AufenthG

The self-employed visa in accordance with § 21 AufenthG is aimed at people who wish to set up a company or take up freelance work in Germany.

  • Prerequisites:
    • Business idea with economic interest or regional demand:
      Your project must be relevant to the German economy.
    • Proof of financing:
      This includes the submission of financing commitments, proof of equity or bank loans.
    • Relevant entrepreneurial experience:
      It will be assessed whether you have the necessary experience and expertise to run the business successfully.
    • Required documents are:
      A detailed business plan, proof of financing, proof of qualifications and a valid passport.
  • Advantages:
    • Independence:
      You can organise your business yourself and grow in an economically stable environment.
    • Long-term residence:
      If you are successful in running your business, you can stay in Germany permanently and later apply for a permanent residence permit.

5.2 Visa for freelance work

Freelancers also find attractive conditions in Germany. Section 21 AufenthG also applies to this target group, although specific requirements apply here:

  • Proof of freelance activity:
    It must be proven that your activity is carried out on a sustainable and regular basis.
  • Securing your livelihood:
    Financial evidence is required to show that you can support yourself independently.
  • Additional documents:
    Examples include references, work samples and a clearly structured CV.

5.3 The start-up process in Germany

The process of setting up a business is divided into several important steps that need to be approached systematically:

  1. Business idea and business plan:
    Clearly define your product or service. A detailed business plan that includes market analyses, financing concepts and operational strategies is essential.
  2. Choice of legal form:
    Decide whether you want to operate as a sole trader, GmbH, UG or another legal form. The choice influences liability, tax obligations and the administrative effort.
  3. Visa and residence permit application:
    Apply for the relevant visa at the German embassy in good time and for the residence permit at the immigration office after entering the country.
  4. Secure financing:
    Determine the capital requirements and check various sources of financing, such as equity capital, bank loans or investor participation.
  5. Business registration and tax registration:
    Register your business with the relevant trade office, apply for a tax number and - if necessary - an entry in the commercial register.
  6. Further organisational steps:
    These include opening a business bank account, setting up bookkeeping and selecting suitable insurance policies.

Thorough preparation and systematic implementation of these steps will not only increase your chances of success, but also improve your chances of smooth integration into the German market.

6. family reunification - together into the future

Family reunification is another central pillar of German immigration law. It enables spouses and underage children to relocate to Germany together with a family member living in Germany.

6.1 Reunification of spouses

The requirements for the reunification of spouses are clearly regulated:

  • Existing, legally recognised marriage:
    The marriage must have been contracted before entering Germany.
  • Securing a livelihood:
    The partner living in Germany must be able to secure their joint livelihood without recourse to public funds.
  • Proof of accommodation:
    There must be sufficient living space for the family.
  • Language skills:
    As a rule, the spouse joining the family must provide proof of basic German language skills (A1 level), unless there is an exception due to a special residence permit (e.g. Blue Card or research activity).

Once these requirements have been met, spouse reunification can be relatively straightforward, paving the way for a life together in Germany.

6.2 Immigration of children

Easier conditions also apply to children who are minors:

  • Age limit:
    Children under the age of 18 can generally join you.
  • Proof of family ties:
    In addition to the birth certificate, this also includes proof of joint custody.
  • Livelihood and living space:
    Here, too, proof must be provided that living expenses are secured and that sufficient living space is available.

The regulations for the reunification of children are designed to prioritise the welfare of children and strengthen families.

6.3 Extended family reunification

In exceptional cases, it may also be possible for parents or siblings to join the family - but only under strictly limited conditions and often in cases of hardship:

  • Hardship regulations:
    Parents can be reunited in cases of particular hardship, for example if they are in need of care, as long as their livelihood and accommodation are secured.
  • Individual case assessment:
    These applications are examined individually and require detailed justification.

7 Rights and obligations of EU citizens in Germany

Residents of the European Union enjoy the right to freedom of movement, which makes it easier for them not only to enter but also to reside permanently in Germany.

7.1 Right to freedom of movement and obligation to register

  • Entry without a visa:
    EU citizens may enter Germany without a prior visa and stay in the Schengen area for up to 90 days.
  • Stay over 90 days:
    If a longer stay is planned, EU citizens must either be actively employed, self-employed or seeking work - or prove that they have sufficient financial means and health insurance cover.
  • Obligation to register:
    Within two weeks of moving, you must register with the relevant residents' registration office. A valid identity card or passport and a confirmation from the landlord are required for this.

7.2 Tax obligations and social security

Residing in Germany also entails tax and social security obligations. EU citizens must:

  • Pay tax on worldwide income:
    As soon as they take up residence in Germany, they are subject to unlimited tax liability.
  • Social security obligations:
    As employees, they are subject to compulsory health, pension, long-term care and unemployment insurance. These contributions are registered and paid by the employer or directly via the relevant health insurance funds and tax offices.

This system ensures that EU citizens are also fully integrated into the German labour market and benefit from the social security systems.

8 Special features of German immigration law for US citizens

US citizens also have various options for obtaining permanent residence in Germany. Although they can enter Germany without a visa, they must apply for a residence permit for a longer-term stay.

8.1 Visa-free entry and national residence permit

  • Visa-free entry:
    US citizens are allowed to stay in the Schengen area for up to 90 days - this allows for initial orientation and an opportunity to get a local impression.
  • National visa:
    A national visa is required for a permanent stay, which must be applied for at the German embassy or consulate in the USA. A specific purpose - such as work, study or family reunification - must be proven.

8.2 Differences to other visa options

  • Employment opportunities:
    US citizens can apply directly for a residence permit for the purpose of employment as soon as they are in Germany, without having to apply for a national visa first - which makes the process easier compared to other third-country nationals.
  • Special programmes such as the EU Blue Card:
    Highly qualified US professionals benefit from the existing Blue Card framework, as higher qualifications and a corresponding salary can speed up the path to permanent residence.

8.3 Practical added value in the transatlantic context

  • Strong economic ties:
    Due to the close economic ties between the US and Germany, many German companies have a practical interest in hiring US professionals and provide support in obtaining visas.
  • Recognition of qualifications:
    Procedures for the recognition of foreign degrees and qualifications are often structured and transparent for US citizens, making it easier for them to enter the German labour market.

9. students and graduates - How to stay in Germany after graduation?

For international students, Germany offers attractive prospects after graduation. In addition to a first-class academic education, the country is characterised by flexible regulations for finding a job.

9.1 The job search visa

After graduating from a German university, international graduates can apply for a special job-seeking visa. The most important points are

  • Duration:
    The visa is usually granted for up to 18 months, which allows sufficient time to find a job that matches their qualifications.
  • Requirements:
    In addition to a recognised degree, graduates must provide proof of existing health insurance and sufficient financial means to support themselves.
  • Transition to a regular job:
    Once a job has been found, the visa can be converted into a residence permit for gainful employment (for example in the form of a Blue Card or a general work visa).

9.2 Integration into the labour market

International graduates benefit from numerous programmes that facilitate the transition into the labour market:

  • Career counselling and placement:
    Many universities and external organisations offer career advice, coaching and internship programmes.
  • Support programmes:
    Initiatives such as ‘Make it in Germany’ offer extensive information, checklists and contact addresses to facilitate entry into the German labour market.

These measures not only facilitate the direct transition from university to working life, but also contribute to long-term integration into German society.

10. practical hacks and tips from migration practice

In addition to detailed knowledge of the legal requirements, there are numerous ‘hacks’ and practical tips that can help you find your way through the bureaucratic jungle. [...]


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Kind regards, Mathias Schulze - msadvocate.net

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Disclaimer:
I hope this article has given you an initial overview. I make no claim that it is complete or that its content is up-to-date and correct. The article does not constitute legal advice. The article is for general life assistance and nothing else.


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