Rights of residence for students and scientists from non-EU countries - Sven Hasse
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Sven Hasse
Rechtsanwalt und
Fachanwalt für Migrationsrecht &
Fachanwalt für Verwaltungsrecht
Rights of residence
for students and scientists
from non-EU countries
December 2019
Student Employment EU Blue Card Researcher High qualified
language course PhD specialist
candidate
Legal basis § 16 (language student 16b) § 18 § 19a § 20 § 19
from March 2020 § 16b (language student 16f) § 18b par. 1 § 18 b par. 2 § 18 d § 18 c
Minimum Subsistence must be Subsistence must be 53.600 €/year 1.914 €/month Subsistence
income secured secured by must be
• Blocked account employment 41.808 €/year secured by
• Declaration of in specific shortage employment
commitment from 1.3.2020: occupations (IT/natural
• part time jobs If older than 45 years science)
by first issuance:
3383,- €/month or
proof of pension
funds
German Depending on the no no no no
language skills requriement of the
university,
if none: A2
Other Admission letter of concrete job offer concrete job offer Hosting „Exceptional
requirements university/ agreement and qualification
and restrictions Studienkolleg or Declaration of in special
language course commitment field of high
of research importance“
May contain resolutory institute (if not
condition: public funded concrete job
„get´s void with institute) offer
exmatrikulation“
Employment 120 days Restricted to authorized employment In context of yes
or 240 half days Self-empoyment can be allowed research project
plus employment on full access to labour market after 2 years of
university/ institute employment or 3 years of legal residence
(student residence counts 50% max. 2 years)
Student Employment EU Blue Card Researcher High
language course PhD qualified
candidate specialist
Legal basis § 16 § 18 § 19a § 20 § 19
Duration 1 – 2 years Depending on working Duration of working Depending on unlimited
contract; contract + 3 months; research project
Max. 4 years max. 4 years
Extension Language student max. Yes Yes Yes unlimited
1year if contract continues if contract continues if project continues duration
Student: usually
average duration plus 3
semesters
Student preparations: 2
years
After termination of
After succesful After termination of After termination of project for 9
completition: employment for 6 employment for 6 months for job
18 months for job months for job search months for job search searchwith full
search with full access under discretion access to labour
to labour market market
Permanent No. after 5 years of after 33 months after 5 years of ./.
settlement permit residence and 60 employment under residence and 60
„Niederlassungs- months contribution to BlueCard conditions months contribution
erlaubnis“ After an other social security system Language: A1 to social security
system
residence title was (from 1.3.2020: 4
(from 1.3.2020: 4
issued ½ of the years/48 months) after 21 months with years/48 months)
residence period as with German university language: B1 with German
student can be taken degree after 2 years/24 university degree
into account months after 2 years/24 mths
Language: B1 Language: B1
EU permanent after 5 years of residence and 60 months contribution to the social security system
residency
„Daueraufenthalt-
EU“
Student Employment EU Blue Card Researcher High qualified
language course PhD specialist
candidate
Legal basis § 16 § 18 § 19a § 20 § 19
Subsequent • Marriage must have existed at the time the Subsistence must be • Subsistence must be secured
immigration residence permit was granted secured
(spouse and minor • Further duration of stay is expected to exceed • Marriage has existed at the
children) one year time the residence permit
• Subsistence must be secured was granted or A1 language
• A1 language test (exeptions for some nationals) test
labour market Full access to employment and self-employment for family members
access
for family members
Child benefits no yes yes yes yes
„Kindergeld“
and
Parental benefits
„Elterngeld“
Unemployment no yes yes
benefit if access to labour market persits (not with job seaker title)
„Arbeitslosengeld I“
Contributions of not less than 12 months within the last 24
months (from 2020: 30 months)
Change of • after graduation yes yes yes titel is unlimited
residence permit • for voactional and not
for other purpose training in shortage connected to
professions the purpose of
• In case of residence
mandatory rights
• in exeptional cases
electronic residence title Passport stickers
collateral clauses meaning excample
Erwerbstätigkeit gestattet Employment and self- • indefinite residence titles
employment/freelance • family reunion
allowed • prior employment of 2
years
Beschäftigung gestattet Specific employment Residence titles for
(als Programmierer bei Firma Müller) allowed employment
Selbständige Tätigkeit (nicht) self-employment/freelance Collateral clause for Blue
gestattet. (not) allowed Card holders or researchers.
Beschäftigung für 120 Tage Employment limited to 120 Students
oder 240 halbe Tage im Jahr days/240 half days
gestattet
Erlischt mit Beendigung eines Resulutory contition: gets Students
Studiums an einer deutschen void if finishing studies
Hochschule/im Fach XY (possible with further
specification)Schengen-countries
European Union
- UK
- Ireland
- Romania
- Bulgaria
- Croatia
- Cyprus
+ Island
+ Norway
+ Switzerland
Quelle: EU-Kommission
7visa exception list for short stays
These nationals can apply any residence permit in Germany
These nationals can apply a residence permit in Germany for other purposes
than employment (e.g. student, language course, family reunion)
o Albania o Japan
o Andorra o Seychelles
o Kiribati o St. Kitts und Nevis
o Antigua und Barbuda o Kolumbia
o Argentina o St. Lucia
o Marshall Inseln o St. Vincent und
o Australia o Malaysia
o Bahamas Grenadines
o Mauritius o Singapur
o Barbados o Mexiko
o Bosnia and o South Korea
o Mikronesia o Timor-Leste (Osttimor)
Herzegowina, o Moldowa
o Brasil o Tonga
o Monaco o Trinidad and Tobago
o Brunei Darussalam o Montenegro
o Canada o Tuvalu
o New Zealand o Ukraine
o Chile o Nicaragua
o Costa Rica o Uruguay
o Palau o Vatikan
o Dominica o Panama
o Mazedonia o Vanuatu
o Paraguay o Venezuela
o El Salvador o Peru
o Georgia o United Arab Emirates
o Salomones o USA
o Grenada o Samoa o Hongkong and Macau
o Guatemala o San Marino (appendix 2 EU-VisaDirective)
o Honduras o Serbia
o IsraelFiktions- bescheinigung
Applying for a residence title, § 81
(3) If a foreigner who is legally resident in the federal territory and
does not possess a residence title applies for a residence title,
his residence shall be deemed to be permitted up to the time of
the decision by the foreigners authority. If the application is filed
too late, deportation shall be deemed to be suspended from
the time of application up to the time of the decision by the
foreigners authority.
(4) If a foreigner applies for an extension of his residence title or for
a different residence title before his current residence title
expires, the current residence title shall be deemed to remain in
force from the time its expires until the time of the decision by
the foreigners authority. This shall not apply to visas pursuant to
Section 6 (1).
If the application to issue or extend a residence title was filed
too late, the foreigners authority may order that the previous
residence title remains valid in order to avoid undue hardship.acquiring citizenship (§ 4 StAG)
Birth in Germany
one parent is German or
one parent has an indefiniete residence permit and legal residence
for not less than 8 years
Birth abroad if if one parent is German;
if the parent is born abroud himself after 1999 registration in Gemran birth
registry within one year.
naturalization:
Legal right (§ 10 StAG):
8 years legal residence (including student´s time) (§ 10 StAG)
7 years with integration course (§ 10 III StAG)
6 years with sepecial integration efforts such as language skills of
B2 or more (§ 10 III StAG)
under discretion (§ 8 StAG):
3 years if married to a German spouse
shorter periods possible with public interestFurther requirements for naturalization
Subsistence must be secured without social
welfare
Giving up former citizenship
o Exceptions if this is not possible or with unaceptable conditions
no crimial record
Language skills B1
naturalization testcontact
Schönhauser Allee 83
10439 Berlin-Prenzlauer Berg
Tel: 030 4467 4467
Mail: lawyers@jurati.eu
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