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New Changes in the Immigration law

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New Changes in the Immigration law
Answer
7/29/12 1:55 PM
In a few days, as of August 1st, 2012, some fundamental changes will take effect in the immigration law (“Aufenthaltsgesetz”).
 
One is the introduction of the Blue Card as a new form of residence title. Since a lot of resources have already been provided with regard to the Blue Card on this forum, here are some other relevant changes worth to be aware of.
 
Status of Students
 
Students are now allowed to work for 120 days or 240 half days in a year alongside their studies while previously this was restricted to 90 days or 180 days respectively.
 
Following the successful termination of one´s studies here in Germany, the new law provides for an extension of the residence title for searching an appropriate job for up to 18 months now rather than the one year limit. While searching for a job, the residence title allows to work without any restrictions.
 

Quick Road to a Settlement Permit for former Students
 
Students having successfully finished their studies in Germany are basically eligible for a settlement permit after two years of legal work in Germany and payment of compulsory or voluntary contributions into the statutory pension scheme for at least 24 months. In cases where the former student is self employed evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company is sufficient. The general requirements such as German language skills still apply. Noteworthy is the reduction in time from 5 years to two years.
 

New Residence Title for Searching for Work for Qualified Job seekers
 
Having a university diploma from a German university or a comparable degree from a foreign university now allows for a residence title for the purpose of searching work in Germany in his field of expertise. The applicant has to show that his livelihood and expenses are secured. The maximum duration for which job search residence title is going to be issued is six months. An extension is ruled out and the title does not as such permit to work. A reapplication is possible once the applicant has left Germany and spent at least as much time outside of Germany as he has spent in Germany on account of the job search residence title.
 

Easier Access to Self Employment
 
Formerly, the law put some strict requirements on getting a residence title for purposes of self employment. Whereas there used to be the requirement of an “overriding” economic interest or a “special” regional need, those qualifiers (overriding/special) have been deleted. Also the provision indirectly calling for an investment of at least 250.000 € and the creation of 5 jobs is no longer to be found in the law. With a sound and viable business plan, sufficient capital and financing, a positive effect on the employment and training situation and an endorsement of the competent trade and industry authorities such a residence title could well be applied for.
 
More importantly, having finished one´s studies in Germany, or working as a scientist or researcher, access to self employment, at least in the letter of the law, is even more facilitated. Here the main requirement is that the proposed activity has a strong enough connection with the gained university diploma or the profession as researcher or scientist.

It remains to be seen how the law is going to be implemented in practice.
 
www.kanzlei-jain.de
 
0 (0 Votes)

RE: New Changes in the Immigration law
Answer
12/12/12 9:36 PM as a reply to rechtsanwalt jain.
Hi,

My wife is working in Germany for the past one year and her contract is
going to be over in 2 months, hence the visa will be expired in 2
months. The current contract can not be extended as the project is going
to be over. She is already trying for some other jobs but if she did
not get it within 2 months of time, she wants to stay further & look
for jobs, in which case is it possible to change the current visa
status to job seekers visa? If we provide the sufficient funds in her
account, can we get this visa from here itself?

Could you please help me on this?

Thank you for your time
Regards
Arun
0 (0 Votes)

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