For migrants from non-EU-States, so called third-country nationals, the right to enter Germany for the purpose of employment mainly depends on their qualifications. There are very few possibilities to immigrate as a non-qualified worker. Instead, skilled individuals may enter Germany in order to take up a gainful activity if certain preconditions are fulfilled. 

Like the former Aliens Act, the Residence Act reaffirms the ban on the recruitment of unqualified persons. In order to protect the German labour market, it is generally not possible to receive a residence title for the purpose of taking up employment that does not require professional qualifications. But, there are exceptions to the recruitment ban, for example for seasonal workers, if there is a particular intergovernmental agreement or if this is permitted by legal regulation adopted by the Federal Ministry of Economics and Labour with the approval of the Federal Council of Germany.

Skilled workers have to apply for a residence permit for the purpose of taking up employment according to section 18 of the Residence Act. The immigration authorities check whether the general legal prerequisites for foreigners are fulfilled. If the requirements are met, the immigration authorities request approval from the Federal Employment Agency (Bundesagentur für Arbeit) to take up employment. Approval is only then given if the job cannot be filled by a German, EU citizen or other employees given preferential treatment (e.g. third country nationals who have been living in Germany for a longer period of time). This is known as the Priority Principle.

It is permitted to employ professionally qualified foreigners in the case of specific vocations. These occupational groups are determined by legal regulations. In individual cases, a residence permit can be issued for the purposes of carrying out a job requiring professional qualifications if this is in the public interest.

After specific periods of time have lapsed, it is possible to be given the same access to the employment market as German and EU citizens.

 

Furthermore, migrants who have had a residence permit for at least five years may apply for the settlement permit (Niederlassungserlaubnis). This is a permanent residence title with no time or spatial restrictions. It generally entitles migrants to take up employment without the approval by the Federal Employment Agency (Bundesagentur für Arbeit).

 

In order to receive a setlltement permit, migrants have to fulfil the following preconditions:

1) to be in possession of a residence permit for at least five years

2) to have had five years of employment, including payment of social insurance contributions

3) to have a secure livelihood

4) to have sufficient accommodation for the applicant and his/her family

5) to have sufficient knowledge of German

6) to have basic knowledge of the German legal and social systems

 

The series on German Immigration law is to be continued. Read our next articles on immigration prerequisites for highly skilled workers and self-employed foreigners.

 

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