Germany Work Visa Requirements
A work visa by definition is where an individual acquires authorization for the right to engage in full time employment in a country where they would not normally be eligible to work in. A typical work visa will be in the form a standard document or a stamp in your passport, however the application process for obtain such can be a lengthy and sometimes stressful experience. It must be noted that depending on the country you seek employment and residency in; some individuals are not required to obtain a work visa depending on their nationality. Jurisdictions with reciprocal treaty agreements generally stipulate that a citizen from a country within the treaty agreement need not obtain a work visa for undertaking employment in those countries. Generally each jurisdiction will lay down conditions which need to be satisfied in order to be approved a work visa.
Who Requires a German Work Visa?
Germany is a member of the European Union and Schengen agreement which permits all citizens of EU status to reside and work in Germany without the need for a work permit. EU citizens are given this right under the freedom of movement act under EU Law which states that EU nationalities have the right to move freely between EU member states for the purpose of employment and residency.
Citizens of countries within the European Economic Area are not legally required to obtain a work permit or residency visa in Germany.
Citizens of counties out with the European Union however, are legally required to obtain both a residency visa and work permit.
There are no prerequisites for obtaining a work permit where the purpose of the work is voluntary or unpaid.
Types of German Work Permits
There are a variety of work permit available in Germany depending on the type of work and length of contract you will under take. Generally a visa or work permit is not required where the foreign national intends to reside in German for a period of less than 3 months
Working Holiday Visa – German has a reciprocal agreement with Australia, New Zealand, Canada and Japan which provides that citizens of these countries can obtain a working holiday visa for short term seasonal type employment in Germany.
A German residence permit is required by individuals seeking to reside in Germany for a period longer than 3 months. There are two primary residence permits,
1) Limited residence permit – holders of this type of permit are required to exit Germany after a certain period of time as specified on your limited residence visa. If the applicant requires a longer period of residence in Germany after expiry of his/her permit he/she is eligible to renew the permit.
2) Unlimited residence permits – residence granted for an indefinite period of time
German Short Stay Visa – if you are a holder of a short stay visa and you want to engage in full time German employment, you are still required to apply for a work permit. On approval of your work permit application you will be issued one of the following 3 short stay related work permits.
1) Temporary residency permit (specifying the type of work permitted to engage in)
2) Temporary work permit (in cases where the employee is to remain on the pay roll of his/her foreign employer)
3) Seasonal Work contract (defines the work, location and validity of the permit)
Categories of foreign nationals who are eligible to apply for a work permit
Due to the high levels of unemployment in Germany, only applications for work permits for skilled or qualified positions will be granted. Such categories of job are listed below.
- Highly skilled and qualified individuals (this category comprises of Scientists, teachers, specialists and executives in specialist areas who earn approximately 85,500 EUROS per annum)
- Executives
- Short term contracts
- IT specialists
- Academics
- Intra company transfers
- Executives in specialist areas
- Self employment
Conditions to satisfy where the applicant is intending to be self-employed in Germany
A residence visa for the sole purpose of obtaining employment under the self employed category is granted where;
- Interest or particular advantage is made to the region the self employed person intends to start his/her employment activity
- Positive effects including growth and development of Germanys economy as a result of the self employment
- Investment of a minimum sum of 1,000,000 Euros and creation of at least 10 new job opportunities for German citizens.
- A comprehensive and effective business plan is required
- The applicant must also be under 45 years old
- For applicants over the age of 45 years old they will require a separate provision as stipulated for old age pension.
Features of a German Work/Residence Permit
Previously a work permit and residency visa was required by applicants seeking work in Germany, however now, Germany only issue one permit which is the residence permit. This permit includes authorization for you to take on full time employment.
This German permit is only attainable where the employees sponsor provides a certified document stating they are willing to offer your full time employment. The work permit is only valid for the same period of time as your residence visa, so when your residence visa expires it is important to remember you are required to extend both your residence visa and work permit.
It is important to acknowledge that a work permit is granted on approval of a particular job offer from German registered company, it will not provide authorization for the candidate to seek employment in German in general.
As a non EU citizen you are required to obtain the residence permit in order to convey your intent to take on full time employment in Germany. Categories of employment for Non-EU citizens comprise of; self employment, qualified work, highly skilled specialist work and unskilled work.
Benefits of obtaining a German Work and Residence Permit
The spouse and dependants of the main work and residence visa holder are eligible to seek work in German even in cases where they do not possess specialist skills or higher qualification.
Required Documents for application of a German work/residence permit
- Valid passport
- Passport photos
- Documentation proving the applicants professional and educational qualifications
- Documentation proving you have sufficient funds to support your stay in Germany
- Documentation detailing your residence in Germany
- Documentation of applicants medical insurance
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