The post FAQ Blue Card Germany – Access to the local Labour Market for high skilled Professionals appeared first on Jobseeker Program.
]]>
FAQ about the BLUE CARD EU in Germany.
Work and Residence Permit for high skilled professionals.
- In which Countries is the EU Blue Card valid, and in which countries does the EU Blue Card not apply?. 2
- What preconditions need to be met in order for an EU Blue Card to be issued?. 2
- How can foreign higher education qualifications be recognised?. 2
- Is it also possible to obtain a Blue Card without a higher education qualification but based on completed vocational training? 3
- What level of language skills needs to be proven in order to obtain the EU Blue Card?. 3
- How can I obtain an EU Blue Card?. 3
- How long is an EU Blue Card valid?. 4
- Is it possible to change to an EU Blue Card from another residence title?. 4
- Do I need to leave and then re-enter the country in order to obtain an EU Blue Card when changing from another residence title? 4
- How high does my gross annual salary need to be in order for me to obtain an EU Blue Card?. 4
- Do allowances such as Christmas bonuses count towards the minimum gross annual salary?. 5
- Jobs where there is a shortage of applicants?. 5
- Do the jobs where there is a shortage of applicants include assistant medical doctors undergoing further training? 5
- Does the EU Blue Card entitle the holder to take up employment without any restrictions?. 6
- Can employers do anything to accelerate the approval procedure?. 6
- Can a Blue Card also be issued to a temporary worker?. 6
- What happens if I lose my job?. 6
- May my place of work be different from my place of residence?. 7
- Can I interrupt my stay in Germany during the validity period of the EU Blue Card?. 7
- Are spouses who subsequently immigrate to Germany entitled to be issued with a residence permit? 7
- May the spouse of an applicant enter Germany at the same time as the applicant to apply for the subsequent immigration of family members on the spot?. 7
- Do spouses who subsequently immigrate to Germany enjoy free access to the German employment market? 7
- Do subsequently immigrating spouses have to provide proof of German language skills?. 8
- Can other family members apart from children and spouses also immigrate to Germany?. 8
- Does the application for the subsequent immigration of family members have to be made in person? 8
FAQ about the BLUE CARD EU in Germany
1. In which Countries is the EU Blue Card valid, and in which countries does the EU Blue Card not apply?
The EU Blue Card is a residence title that has been created for third-country nationals in the Member States of the EU. The only countries in which the Directive on Highly-Qualified Employment does not apply are the United Kingdom, Ireland and Denmark, and these countries do not therefore issue any EU Blue Cards
Three preconditions need to be met in addition to the general admission conditions in order to receive an EU Blue Card:
- Applicants must provide proof of having completed higher education. If the higher education qualification was not acquired in Germany, it must either be recognized or be comparable to a German higher education qualification.
- Applicants must either provide proof of a specific job offer or present a pre-existing employment contract, or one that has already been signed, and
- This offer or contract must be for at least a specific minimum gross annual salary.
- How can foreign higher education qualifications be recognized?
Should you have any questions on the recognition of foreign higher education qualifications, please refer to the information portal on the recognition of foreign educational qualifications: http://www.anerkennung-in-deutschland.de
- Is it also possible to obtain a Blue Card without a higher education qualification but based on completed vocational training?
It is currently not possible to obtain an EU Blue Card in Germany without a higher education qualification. The Federal Ministry of Labour and Social Affairs has not adopted a statutory instrument to this effect in accordance with section 19a subs. 1 (b) of the German Residence Act.
No proof of German language skills needs to be provided in order to obtain an EU Blue Card. When applicants are applying for a settlement permit, however, the waiting period is reduced from 33 to 21 months if they provide proof of adequate knowledge of German (level B1).
There are 2 possibilities:
- 1) Either: you chose the do-it-yourself way and read through the internet and call the German embassy next to you for more information
- 2) Or: you call an immigration expert, who will guide and help you through the process actively. www.Jobseekerprogram.com Partners with MOVES Consulting Immigration Service. This ensures to all our candidates a preferred service to ease the stress of Immigration. We take care of our candidates as well as of their families.
You will find the contact details of the German missions abroad worldwide here:
http://www.auswaertiges-amt.de/DE/Laenderinformationen/03-WebseitenAV/Uebersicht_node.html
Exceptions apply to nationals of Australia, Canada, Israel, Japan, the Republic of Korea, New Zealand and the United States of America. They can enter Germany on a visa-free basis and can apply to the competent immigration authority in Germany for their future place of residence for an EU Blue Card within three months of entering Germany.
Individuals who enter the country on a visa-free basis may not as a rule work immediately after entering the country as they do not hold a visa permitting them to engage in gainful employment. This is only permitted when they have received the appropriate residence title. Since it can take several weeks for one to be issued, it is recommended to apply for a visa from the competent mission, even if no visa is required, in order to be able to take up gainful employment at a later date.
If you have already held an EU Blue Card issued by another Member State of the European Union for at least 18 months, you many also submit your application in Germany. This application must be made to the competent immigration authority for your place of residence within one month after you enter Germany.
If you are currently already resident in Germany and hold a different residence title for the purpose of studying or employment, you can change this title to an EU Blue Card by applying to your competent immigration authority, provided that you fulfil the general preconditions.
Applications for an EU Blue Card and, where applicable, for the subsequent immigration of family members are to be made in person by the persons in question to the competent German mission abroad or, if the nationals mentioned above are exempt from the visa requirement, to the competent German immigration authority.
The EU Blue Card is initially issued for a limited period of four years at most. If the employment contract has a term of less than four years, the Blue Card is issued for the duration of the employment contract plus three months. The EU Blue Card can be extended subject to specific preconditions once its validity has expired, or a settlement permit, that is an unlimited residence title, is issued on application subject to specific prerequisites.
As a matter of principle, it is possible to change from another residence title to the EU Blue Card. As soon as the conditions for the EU Blue Card are met, this constitutes a legal entitlement.
- Do I need to leave and then re-enter the country in order to obtain an EU Blue Card when changing from another residence title?
It is not necessary to leave and re-enter the country in order to change from another residence title to an EU Blue Card.
The minimum gross salary per year for 2017 is 50.800 Euros. If this minimum salary threshold is satisfied, the issuing of an EU Blue Card does not require approval from the Federal Employment Agency (section 2 subs. 1 No. 2 (a) of the German Employment Ordinance [Beschäftigungsverordnung]). Your salary must meet the threshold regardless of your working time model. Part-time positions are not calculated on a pro rata basis, and there are no provisions for individual reviews in cases where the salary thresholds are not met.
Section 2 subs. 2 of the German Employment Ordinance stipulates a reduced minimum gross salary threshold for jobs where there is a shortage of applicants. The threshold for 2017 is 39.624 Euros. As a matter of principle, the EU Blue Card may only be issued to this group of individuals with the consent of the Federal Employment Agency. No “priority review” is performed. The only aspect that is reviewed is whether the working conditions comply with the standard for the location in question. If the foreigner has a German higher education qualification, the issuing of an EU Blue Card does not require the approval of the Federal Employment Agency, even if he or she would normally be subject to the provision on jobs where there is a shortage of applicants (section 2 subs. 1 No. 2 (b) of the German Employment Ordinance).
The minimum salaries are regulated by section 2 of the German Employment Ordinance. They are in line with the contribution assessment ceiling for the general pensions insurance, and change each year. At the end of each year, they are published for the following year in the Federal Gazette by the Federal Ministry of the Interior.
The raising of the salary thresholds at the beginning of a year does not affect the status of EU Blue Cards that have already been issued. The new salary threshold only has to be met if the Blue Card is extended or in case of a change of job that is subject to approval.
Some bonuses can be credited towards the gross salary. This is the case in particular if they are specified in a minimum amount in the employment contract, in other words if their payment is guaranteed and not subject to conditions. Benefits that are listed as eligible payments in the Social Insurance Compensation Ordinance (Sozialversicherungsentgeltordnung) (http://www.gesetze-im-internet.de/bundesrecht/svev/gesamt.pdf) can also be included in the calculation of the gross salary. The decision as to which benefits are eligible in individual cases and their amount is a matter for the competent immigration authority.
Section 2 subs. 2 of the German Employment Ordinance stipulates which occupations are regarded as jobs where there is a shortage of applicants. These are occupations belonging to Groups 21, 221 and 25 of the International Standard Classification of Occupations (ISCO), and particularly include natural scientists, mathematicians, engineers, doctors of human medicine (excluding dentists) and skilled academic personnel in the field of information and communication technology. You can find a complete list of the groups here: http://jobseekerprogram.moves-consulting.com/wp-content/uploads/2017/01/whitelist-germany-englisch-Feb-2016.pdf
- Do the jobs where there is a shortage of applicants include assistant medical doctors undergoing further training?
Assistant doctors undergoing further training who are licensed to practice in Germany are also entitled to be issued with an EU Blue Card under the less stringent conditions applying to jobs where there is a shortage of applicants.
The EU Blue Card is tied to specific employment with a particular employer for the first two years of residence. Any highly-qualified employment can be taken up subsequent to this. Self-employment is however not permitted.
Employers can have a review carried out before lodging an approval enquiry for a foreign worker as to whether the conditions apply on the labour market for subsequent approval of such employment. A detailed job description should be provided containing information on the working conditions, as well as requirements as to the qualification of the applicant.
Employers may also take advantage of this possibility if they would like to clarify in good time whether the post that they are offering may be occupied by a foreign worker, that is prior to looking for an employee abroad, but also when a specific foreign worker is already intended for the post. Employers can considerably shorten the decision-making process by taking these steps.
You will find a description of the advance approval procedure, including the appropriate application forms, on the Internet at www.zav.de/arbeitsmarktzulassung
In accordance with section 40 subs. 1 sentence 2 of the German Residence Act (AufenthG), approval of the Federal Agency is to be refused if the foreigner intends to take up employment as a temporary worker (a worker in a temporary employment business). Since this provision hence only applies to employment requiring approval, and there is no opposing regulation for employment not requiring approval, the EU Blue Card can also be issued if an individual is seeking employment in a temporary employment business and approval by the Federal Employment Agency is not required. This is the case if the foreigner either holds the requisite recognised or comparable higher education qualification in accordance with section 2 subs. 1 No. 2 of the Employment Ordinance (BeschV) and a salary is paid to him or her at or above the regular salary threshold or, if he or she works in a job where there is a shortage of applicants, holds a German higher education qualification and earns the reduced gross annual salary applicable to jobs where there is a shortage of applicants.
In accordance with section 82 subs. 6 of the German Residence Act, persons who are resident are obliged to notify the competent immigration authority of the loss of their job where employment is subject to approval by the immigration authority. The foreigner in question initially still holds a valid residence title, but the immigration authority may stipulate a subsequent time limitation at its discretion. This time limitation may however take account of the possibility to seek employment, particularly if entitlements to unemployment benefit 1 (“ALG I”) have arisen as a result of contributions that have been made.
Your place of work is permitted to differ from your place of residence within Germany. Cross-border employment in Germany coupled with a place of residence in a neighbouring state is however only possible for holders of a permit for frontier workers. The immigration authority at the place of employment is competent for issuing the permit for frontier workers
Holders of an EU Blue Card are permitted to stay in a non-EU country for up to 12 consecutive months without their residence title expiring. This provision also includes family members. However, this time spent outside Germany is not credited towards any application for a settlement permit.
The married spouse of the holder of an EU Blue Card is entitled to be issued with a residence permit. He/she doesn’t have to prove any German language skills, if both partners are at least 18 years old. Otherwise, the marriage must have existed already when the Blue Card holder had established his main ordinary residence in Germany. In case the principal spouse already held another residence title prior to the EU Blue Card, the date of his first-time entry to Germany is seen as decisive reference.
- May the spouse of an applicant enter Germany at the same time as the applicant to apply for the subsequent immigration of family members on the spot?
If the applicant holds a national visa and has prospects of receiving an EU Blue Card in Germany, the “subsequently immigrating” spouse can also obtain a visa at the same time for joint entry to Germany. However, this applies in individual cases only and there is no legal entitlement for visa and entry at the same time with the main applicant. For further information please contact the competent German mission abroad.
Yes, spouses immediately enjoy unrestricted access to dependent and independent employment (Section 27, subsection 5 of the German Residence Act).
Spouses who subsequently immigrate to Germany do not have to provide proof of German language skills in order to be able to apply for a first residence title after entering the country. This however does not rule out the immigration authority deciding that an obligation exists for the spouse to attend an integration course subsequent to entry. Any violations of this obligation will be taken into account when the residence permit is extended.
No, the subsequent immigration of dependents is generally limited to spouses and unmarried minor children. Exceptions are only made in “hardship cases”; for more information, please contact your competent immigration authority.
The application must be made in person at the German mission abroad by the spouse who wishes to subsequently immigrate. www.Jobseekerprogram.com Partners with MOVES Consulting Immigration Service. This ensures to all our candidates a preferred service to ease the stress of Immigration. We take care of our candidates as well as of their families.
The post FAQ Blue Card Germany – Access to the local Labour Market for high skilled Professionals appeared first on Jobseeker Program.
]]>The post Blue Card Germany – Das Ticket für Fachkräfte aus Drittstaaten in den deutschen Arbeitsmarkt appeared first on Jobseeker Program.
]]>
Kennen Sie sich aus mit der Blue Card dem Ticket auf den deutschen Arbeitsmarkt für qualifizierte Fachkräfte aus Drittstaaten ?
Wenn es um Fachkräfte aus dem Ausland geht, sind viele deutsche Arbeitgeber mittelständischer Betriebe eher zurückhaltend. Dabei ist weniger komplizierte als Sie denken.
Wussten Sie zum Beispiel:
… dass der Kandidat sofort zu arbeiten beginnen darf, sobald ihm die Behörde signalisiert hat: “Ja, Sie bekommen eine Blue Card, Sie dürfen einreisen!” Mit der Ankunft in D darf Ihr Wunschkandidat beginnen zu arbeiten. Er muss nur noch zweimal zur Behörde um 1. Seine Original Dokumente vorzuzeigen und die Fingerabdrücke abzugeben 2. Um seine Blue Card in Empfang zu nehmen.
… dass ein Antrag auf eine Blue Card von einem Beratungsunternehmen wie Der Jobseeker in vielen Fällen online eingereicht werden kann ? Das verkürzt das Verfahren um ein vielfaches.
… dass Gehalt für eine eine Fachkraft aus dem Ausland nicht höher sein muss, als wenn Sie vor Ort jemanden für die Stelle fänden? Wenn es sich um Berufe von der sogenannten Positivliste der Deutschen Arbeitsagentur handelt, muss der Lohn dem eines Inländers entsprechen
… dass „Der Jobseeker GmbH“ Ihnen Ihre Wunsch-Fachkraft inklusive Arbeits- und Aufenthaltserlaubnis (Blue Card) vermittelt?
… dass Sie diese Fachkraft auch für eine Probezeit leasen können?
Wenn Sie mehr erfahren möchten über die Liste der Mangelberufe (Positivliste) oder wie wir Ihnen zu Ihrer Fachkraft rasch und reibungslos verhelfen können, dann schreiben Sie uns eine Mail info@jobseekerprogram.moves-consulting.com oder rufen Sie uns an +49/ (0)541 – 670 65 96
The post Blue Card Germany – Das Ticket für Fachkräfte aus Drittstaaten in den deutschen Arbeitsmarkt appeared first on Jobseeker Program.
]]>The post Red-White-Red Card Plus for Dependants appeared first on Jobseeker Program.
]]>Therefore, the HR Department applied for the applicant’s permit but not for his family’s Red-White-Red Card Plus for Dependants. This led to a huge loss of time and money in the end. Now the dependents of the skilled professional had to apply for the Red-White-Red card themselves. This means: extra travel costs to go to the local embassy of Austria. IN this case it is in India, some 2000 km away from where they live. Returning home and waiting for notice if they will get the card granted……may take up to 10 weeks! Then again travel to the embassy and apply for a Visa D, which allows them to enter Austria and to obtain the Residence Card at the immigration authority.
At the same time the main applicant, our skilled professional, was expected to arrive in Austria. But he refused to leave his country without his family. This again led to a huge loss for the employer. The employee was hired to cover a certain position in the company and to support his employer in executing a huge contract. Now, this will have to wait until the employee and his family will arrive in Austria.
In order to avoid such struggles, we recommend to Skilled Professionals who apply for jobs in Germany or in Austria: Tell your future employer that you want to bring your family with you – immediately!
Help smooth the application process for your Red-White-Red Card and save your company money.
In the following you can read more about the Austrian Dependend Permit for Red-White-Red Card holders and how to apply for it. You may reach us here if you want Support through the immigration process by our skilled and experienced team: Support
Third-country nationals’ family members who intend to reside or settle in Austria for a period of more than six months require a residence title (permission to stay for more than six months) corresponding to their residence purpose.
Who is a family member?
Family members in the context of the Settlement and Residence Act are
- spouses
- registered partners and
- unmarried minors including adoptive and step children
Spouses and registered partners must be 21 years of age or older when applying.
Which residence title will be granted to family members?
“Red-White-Red Card plus“
Family members of
- holders of a “Red-White-Red Card“ or a “EU Blue Card”
- third-country nationals with a long-term residence title in Austria
shall obtain the residence title “Red-White-Red Card plus“, provided they meet the general granting requirements. The “Red-White-Red Card plus” grants its holders free access to the Austrian labour market. According to the Act Governing the Employment of Foreign Nationals no further permissions are required for any employed activity.
General granting requirements
The following requirements must be met for granting any residence title:
- Adequate means of subsistence: The third-country national must have a fixed and regular income enabling him/her to meet his/her livelihood without resorting to welfare aid from local authorities. The income needs to be equal to or exceed the standard income rate. In 2016, this standard income rate amounted to € 882.78 for singles, € 1,323.58 for married couples and an additional € 136.21 for each child.
- Health insurance coverage: The third-country national must have health insurance coverage, providing benefits in Austria and covering all risks. Family members of “Red-White-Red Card” holders, “EU Blue Card” holders or family members of Austrian citizens are usually covered by their sponsors’ health insurance (co-insurance).
- Adequate accommodation according to local standards: The third-country national must provide evidence of a legal title to an accommodation (e.g. by providing a lease contract), considered adequate for his/her family size according to local standards.
Providing evidence of German language skills (“German prior to immigration”)
Dependants of Red-White-Red Card holders, wo apply for a Red-White-Red Card Plus have to provide evidence of German language skills on A1 level according to the Common European Framework of Reference for Languages, when first applying
Only basic German language skills at beginner level are required. Evidence of adequate German language skills may be provided by:
- A generally acknowledged language diploma or a course certificate from one of the following institutions:
- Austrian Language Diploma German
- Goethe-Institut e.V.
- Telc GmbH
- Austrian Integration Fund (ÖIF)
Further institutions may be announced by way of publication on the official notice board of the competent Austrian representation (embassy, consulate) abroad.
- The fulfilment of the requirements of Modules 1 or 2 of the Integration Agreement (i.e. German language skills on A2 or B1 level) also rates as evidence of adequate German language skills.
Please note: The language diploma or course certificate must not be older than one year when being submitted. Evidence of adequate German language skills does not need to be provided by:
- Persons who have not competed 14 years of age at the time of application
- Persons who cannot reasonably be expected to provide such evidence on grounds of their physical or mental health condition; in such a case, the third-country national must provide a medical report issued by a public health officer or by a doctor appointed by an Austrian consular representation.
- Family members of holders of a residence title “Red-White-Red Card” for Very Highly Qualified Workers, of holders of a residence title “EU Blue Card” or of holders of a residence title “Long-term Resident – EC”. The latter shall only apply if their sponsor originally held a residence title “EU Blue Card”.
Please note: Persons whose proceedings for obtaining a residence title started on or before 30 June 2011 do not need to provide evidence of German language skills before immigration. Family members of “EU Blue Card” holders and family members of very highly qualified workers also do not need to provide evidence of German language skills before Immigration.
Competent authority
Competent first instance authorities shall be the local Provincial Governor’s Office or the duly authorised district administration bodies (District or Municipal Administrative Authorities). Local competence is governed by the (intended) domicile of the third-country national concerned.
Any complaints against decisions by the competent first instance authorities shall be handled by the locally competent Provincial Administrative Court. The authority shall decide on applications and complaints without undue delay, but not later than within six months after receipt.
Filing an application
As a matter of principle, first applications for residence titles shall be filed with the competent Austrian consular representation (embassy or specific consulates) abroad. Local competence of the consular representation depends on the applicant’s domicile.
The consular representation abroad shall examine the application for completeness and correctness and then forward it to the competent authorities in Austria.
The following family members are entitled to file their application in Austria:
- Family members of Austrian nationals after lawful entry and during their lawful residence
- Children within six months after birth, if the mother holds a valid residence title
- Family members entitled to enter without a visa, during their permitted stay without a visa
Please note: An application filed in Austria shall not grant a right of residence to applicant beyond the time he/she is allowed to stay with or without a visa. When the time allowed to stay with or without a visa has expired he/she is required to depart and must await proceedings abroad.
Scope of residence titles and validity
The residence titles “Red-White-Red Card Plus” and “Family Member” allow time-limited settlement and entitle the holder to unrestricted access to the labour market.
As a matter of principle, residence titles are granted for a period of twelve months.
The residence titles “Red-White-Red Card Plus” and “Family Member” shall be issued for a duration of three years, if
- the family member has completed Module 1 of the Integration Agreement (i.e. has given evidence of German language skills on A2 level) and
- lawfully resided in Austria without interruption during the previous two years.
After five years of lawful settlement without interruption, a residence title “Long-term resident – EC” may be applied for, if
- the general requirements have been met and
- Module 2 of the Integration Agreement has been completed (i.e. German language skills on B1 level).
Required documents
Valid travel document. This requirement is waived in the case of first application of a child within six months after birth, if the child does not yet have a valid travel document.
- Birth certificate or similar document (only with first applications)
- Current photo of applicant
- If applicable
- Marriage certificate
- Divorce certificate
- Certificate of registered partnership
- Certificate of dissolution of a registered partnership
- Adoption papers
- Evidence or certificate concerning the family relationship
- Death certificate
- Evidence of a legal title to an accommodation according to local standards, including lease or sublease contracts, preliminary property contracts or ownership evidence;
- Evidence of health insurance protection covering all risks and providing benefits in Austria, including submission of the corresponding insurance policy, unless compulsory insurance coverage exists or will exist;
- Evidence of means of secure subsistence (pay slip, pay certificate, employment contracts, certificates of state pension, pension insurance or other insurance benefits, evidence of adequate amounts of invested capital or owned assets); Please note: Evidence of social benefits which are only due when the residence title is granted, including welfare aid and differential allowances, are not permissible.
- Evidence that sponsor holds the required residence title;
- Evidence of German language skills
Fees
Granting fee: €100 (€80 upon application, additional €20 when granted)
Source: www.migration.gv.at
The post Red-White-Red Card Plus for Dependants appeared first on Jobseeker Program.
]]>