Working after graduation

International graduates from German universities must provide evidence of the following:

• A concrete job offer (with employment contract and precise job description)
• It must be a non-self-employed activity
• Proof of qualified vocational training (vocational training must have lasted at least 2 years in Germany)
• in Germany or the qualified degree must have been obtained in Germany)
• And the provisions of §5 AufenthG must be fulfilled:

After two years in employment, a settlement permit (unlimited residence) can be applied for (see §18b AufenthG).

The following applies to the employer:

• The employer must keep a copy of the employee's current residence title.
• Applies for the duration of employment or until the change to a permanent residence title.
• It must be evident from the residence title that the employee is entitled to be gainfully employed (§4 Para. 3 AufenthG).
• In the case of a settlement permit according to § 9 para. 1 AufenthG, the right to gainful employment results from the law

The EU Blue Card (§ 19a AufenthG) is a temporary residence title for highly qualified third-country nationals of all occupational groups who want to work in Germany (Europe).

• No priority check (EU citizens are not given preference over non-EU citizens)
• German language skills are not required
• The application for the EU Blue Card must be submitted to the competent German mission abroad before entering Germany

Exception 1:
Nationals of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand and the USA may enter Germany without a visa and apply for the Blue Card at the competent foreigners authority within 3 months of entry.

Exception 2:
Those who entered the country with a visa that is valid for seeking employment and have found a job can apply for the residence title on the spot in Germany.

Validity

• The Blue Card is limited to a maximum of 4 years
• If the duration of the employment contract is shorter than four years, the residence title is limited to the duration of the contract plus three months
• During this period, the holder may stay outside the EU for up to twelve consecutive months
• Within the EU, he or she may be abroad (visa-free) for 90 days out of 180 days
• After 18 months, he or she can move on to another EU member state and apply for an EU Blue Card for this state within one month

Requirements

• A German university degree or a foreign university degree recognised in Germany or comparable to a German degree
• A concrete job offer or an employment contract
• The employment must correspond to the qualification
• The approval of the Federal Employment Agency is not required
• Minimum income (gross 56,400 €/year, in 2022)
• Minimum income in shortage occupations such as scientists, mathematicians, engineers, IT specialists and doctors (gross 43,992 €/year, in 2022)
• There is a legal entitlement to a residence title only if all requirements according to §19a AufenthG are fulfilled

Settlement permit
A holder of an EU Blue Card receives an unlimited settlement permit if

• he or she has worked in a suitably qualified job for 33 months
• he or she has paid contributions to a pension scheme during these 33 months
• Those who have German language skills at B1 level can apply for a Neiderlassungserlaubnis after only 21 months
• The following conditions must be met for a settlement permit in accordance with §9 Para. 2 S. 1 No. 2, 4-6, 8-9 AufenthG:

            - No. 2: the livelihood must be secured

The following certificates are required:

Settlement permit

Third-country nationals who have completed vocational training or a university degree abroad can obtain a temporary residence permit if...

• there is a concrete job offer
• is generally only issued for a limited period of time and always for a specific purpose
• the general requirements for the granting of a residence title are met (e.g. independent means of subsistence or possession of a passport, § 5 AufenthG)
• The Federal Employment Agency (BA) agrees to the employment relationship

The Federal Employment Agency (BA) consents (§ 6 BeschV) if:

• there is a shortage of skilled workers in Germany in the occupation you wish to pursue: The positive list of the BA lists which occupations this is
• you have a concrete job offer
• Your qualification is recognised as equivalent to a German qualification.
• If the recognition office does not confirm full equivalence but requires practical work in the context of an adaptation course, you may be granted a residence permit in Germany for this purpose
• The residence permit is not always linked to a work permit; such a work permit must be expressly stated in the residence title (§ 4 Para. 2 and 3 AufenthG).

D

Third-country nationals generally require a visa to enter Germany, regardless of whether they are coming to the country as a tourist or wish to work here.

1. visa to seek employment (§ 18c para.1 AufenthG)

2. visa for entry for the purpose of gainful employment

A visa for a short stay, such as a tourist visa, cannot be converted into a residence title entitling the holder to work. Therefore, anyone who wants to work in Germany must apply for the entry visa for the purpose of gainful employment.