Study and research in Germany

Employment provisions

The new Immigration Act has been in force in Germany since 1 January 2005 (Immigration Act 2005). This new act aims to make it easier for highly-qualified people from abroad to enter the German labour market. And, in connection with this, also aims to offer longer-term residence and employment prospects for well-qualified foreigners in Germany. The employment law details are governed in the "Ordinance on the employment of newly entering foreigners", which is downloadable in German from www.zuwanderung.de/2_rechtsgrundlagen.html and in English from www.zuwanderung.de/english/index.html.

Essentially, foreigners need a permit to enter and stay in Germany. These permits are issued in the form of a residence title. Two kinds of title exist: residence permit and settlement permit.

Residence permits are temporary residence titles issued for up to a maximum of three years and for the following reasons

• Residence for the purpose of economic activity, for example, gainful employment (Sections 18-21 of the Residence Act – AufenthG),
  
• Residence on humanitarian or political grounds or under international law (Sections 22-26 of the Residence Act – AufenthG),
  
• Residence for family reasons (Sections 27-36 of the Residence Act – AufenthG),
  
• Residence for educational purposes (Sections 16-17 of the Residence Act – AufenthG).

As a rule, a residence permit is issued for stays by foreign visiting academics and researchers. To obtain such a permit, the visiting researcher must present proof of both adequate health insurance and adequate financial resources for the stay. This can be presented in the form of an employment contract, or a funding agreement, such as a fellowship, scholarship or grant.

Settlement permits (Section 9 of the Residence Act – AufenthG) are permanent residence titles that entitle the holder to pursue economic activity, that are not subject to any time limits or geographic restrictions and that must not incorporate any subsidiary provisions. The law defines highly-qualified people as follows: top-flight staff from research or industry presently earning more than 84,000 euros per year. Such "high-flyers" with a job offer may be employed without the need for labour market compatibility checks or approval by the Federal Employment Agency. They can be issued with a settlement permit straight away. Any family members who come with them or follow later are entitled to take up gainful employment and/or to engage economic activity.

• Africa Sub-Sahara
• Asia, Australia, New Zealand, Oceania
• Central and Eastern Europe
• Latin America
• North America
• Northern Africa and the Middle East
• Western Europe