Permanent Residence Permits for Skilled Workers in Germany

German Immigration Lawyers

Permanent Residence Permits for Skilled Workers in Germany

German Immigration Lawyers

Employing workers from abroad is becoming increasingly popular in Germany, particularly due to the shortage of skilled labour, and the need to fill vacancies. Do you already employ skilled workers who have a residence permit and are interested in their long-term employment? Or are you already in possession of a temporary residence permit as a skilled worker and have now decided to settle permanently in Germany? It is possible to obtain a permanent residence permit for skilled workers.

Schlun & Elseven Rechtsanwälte offers tailored legal assistance to provide our clients with comprehensive support. Our lawyers have extensive expertise in German immigration and corporate law, as well as in-depth experience in supporting application procedures. We will be happy to take care of the entire application for your permanent residence permit and clarify all outstanding issues with the relevant authorities so that you can concentrate fully on your core tasks.

For you as an employer, we will also take care of the documentation to be submitted to the relevant authorities to prove that your employees have a work permit and advise you on all issues relating to the distinctive features of employing foreign skilled workers. As a multidisciplinary law firm, we support companies and employees in their dealings with residence authorities, the Federal Employment Agency in Germany, and all other immigration and corporate law matters.

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Our Services

Representation in the application process
  • Comprehensive advice on German immigration law and your legal options

  • Obtaining all necessary documents
  • Recognition of your professional qualifications

  • Application for your residence permit

  • Clarification of all open questions with the competent authorities

Information on
  • Your rights and obligations
  • Options for action

  • Analysis of prospects of success

Services in context

The Skilled Workers Immigration Act as a Legal Basis

The aim of the Skilled Workers Immigration Act, which came into force on 1 March 2020, is to make it easier for qualified, skilled workers from non-EU countries to immigrate to and stay in Germany. This is intended to counteract the shortage of skilled workers. Enormous changes are currently being made to the Skilled Workers Immigration Act. These changes aim to simplify further and appropriately implement the immigration of skilled workers.

In addition to immigration, the law stipulates under which conditions residence permits are issued. If you are already working in Germany or employ skilled workers with a residence permit in your company, the settlement permit (permanent residence permit) is essential for you. Holders of a residence permit following Sections 18a, 18b and 18d of the German Residence Act (AufenthG) have privileged access to the issue of a settlement permit under Section 18c AufenthG. The most significant changes affecting the settlement permit for skilled workers are as follows:

  • It should be possible to obtain a settlement permit after just 3 years, instead of the previous 4 years.
  • The number of contributions made to the statutory pension insurance scheme will be reduced from 48 to 36.
  • These changes will come into force on 01.03.2024.

What is a Settlement Permit?

According to the German Federal Ministry of the Interior, the settlement permit (permanent residence permit) is an unlimited residence title. It entitles the holder to pursue gainful employment, is geographically unrestricted and may not be issued with an ancillary provision except in the cases permitted by the German Residence Act. The requirements for issuing a settlement permit are established in Section 9 of the Residence Act. In addition to other requirements, the fundamental prerequisite is that you have maintained a residence permit for five years, can earn a living, and have sufficient knowledge of German. There are special regulations for specific parties, for example, for highly qualified persons, for the granting of a settlement permit based on an order from the highest state authorities following Section 23 (2) AufenthG and for foreigners who receive a residence permit for humanitarian reasons (Section 26 AufenthG).

Simplified Conditions for Skilled Workers

Simplified conditions apply to some groups of people – for example, skilled workers. These receive a settlement permit if they have held a residence title for employment as a skilled worker (with vocational training or academic training) or as a researcher for four years (soon for three years), have a job, have made 48 months of compulsory contributions to a pension insurance scheme, and have sufficient knowledge of the German language. Accordingly, a skilled worker is entitled to the issue of a settlement permit if the general requirements for the issue of a title according to Section 5 AufenthG and the criteria under Section 18c sentence 1 no. 1 to 5 AufenthG are met. However, the approval of the Federal Employment Agency in Germany is not required.

According to Section 18c (1) sentence 1 no. 1 AufenthG, a settlement permit can only be issued if the skilled worker has had a residence permit under Sections 18a, 18b or 18d AufenthG for four (soon to be three) years. Special privileges are granted to skilled workers who have completed vocational training or a degree programme in Germany. In this case, the four-year period is reduced to two years (Section 18 para. 1 sentence 2 AuefnthG). This considers the period of training or study already completed in Germany as well as the expected pre-integration.

In addition, the applicant must be working as a skilled worker. This means that at the time of application, they must hold a job that fulfils the requirements of Sections 18a, 18b or 18d AufenthG. It must, therefore, be a job for which the qualification qualifies, or which is appropriate to the qualification. If this requirement is not met, the provisions of Section 9 AufenthG are decisive for granting a settlement permit, and no privileged status applies.

In addition, the skilled worker must have paid compulsory or voluntary contributions to the statutory pension insurance scheme for at least 48 months (soon to be 36). Alternatively, proof of expenses for an entitlement to comparable benefits from an insurance or pension scheme or an insurance company is sufficient. If the qualification is acquired in Germany, the period is reduced from 48 to 24 months (Section 18 (1) sentence 2 AufenthG).

The skilled worker must have and be able to prove at least B1 German language skills according to the Common European Framework of Reference for Languages (CEFR). This requirement applies regardless of whether corresponding language skills were required for the existing residence permit for gainful employment or whether they are required for specific employment.

Finally, the other requirements under Section 18c (1) sentence 1 no. 5 in conjunction with Section 9 AufenthG must be met. This means that you must be able to support yourself without recourse to public funds. In addition, basic knowledge of the legal and social order and proof of sufficient living space are also required.

Who is Considered a Skilled Worker?

According to the German Residence Act, you are a skilled worker if you belong to one of the following groups of people:

Recruitment Requirements for a Foreign Skilled Worker

The recruitment requirements vary depending on the country of origin of the foreign skilled worker. However, some points that you as an employer should always pay attention to are

  • whether the approval of the German Federal Employment Agency is required (work permit),
  • whether the employee already has a residence permit or still needs to apply for one, and
  • which residence permit is required.

These points are particularly relevant for scheduling. It is usually not a problem to obtain the necessary authorisations. However, some time may pass before the licences and documents are issued, during which time the specialist may not be able to work in your company. To speed up the process, you can apply for a preliminary examination. The type of residence permit can also be decisive for the scope of working hours.

The applicant must prove that their livelihood is secure, and they have the necessary financial resources and a regular income to obtain a settlement permit. The employer has a duty of care here. They must ensure an appropriate income that they pay out regularly.

Due to the agreements between the EU member states, the free movement of workers applies within the EU, and there are no specific requirements for German employees. In particular, skilled workers from other EU countries do not require a visa or residence permit. Countries from the European Economic Area, i.e. countries such as Iceland, Norway, Liechtenstein, and Switzerland, which have a freedom of movement agreement with Germany, also have no specific requirements compared to German employees.

Why is the Settlement Permit an Advantage for You as an Employer?

The settlement permit, which is unrestricted in terms of time and territory, is an enormous advantage for the person holding it compared to other residence permits. What are the advantages for you as an employer if your foreign skilled workers have a settlement permit? For you as an employer, it is also essential for long-term planning that your employees are allowed to stay in Germany permanently. Temporary residence permits must be extended, and specific requirements must be met each time, which also must be proven by the employer – in other words, they result in a lot of work for you. The settlement permit saves you this effort and gives you the security of planning long-term with your employees. As the settlement permit is also geographically unrestricted, you can deploy your employees flexibly at any location.

If your company needs professional legal advice on permanent residence, Schlun & Elseven Rechtsanwälte is your reliable partner. Our lawyers will ensure that your employees remain fully informed about their legal options. Our team will be happy to inform you about the requirements for a permanent residence permit in Germany and manage all your applications so you can concentrate fully on your core tasks.

Further Special Features of the Settlement Permit

1. For holders of an EU Blue Card

The provisions for issuing a settlement permit to holders of an EU Blue Card will remain in place even after the Skilled Workers Immigration Act comes into force and will merely be included in Section 18c (2) AufenthG. Accordingly, holders of an EU Blue Card will receive a settlement permit under simplified conditions.

The basic requirement for obtaining a permit is that they have been employed for at least 33 months per Section 18b (2) AufenthG. It should be noted that the salary thresholds set out in Section 18b (2) AufenthG must be met. This means that the applicant must fulfil these requirements both at the time of application and since the EU Blue Card was issued to the extent that a salary that meets or exceeds the applicable minimum limit has been received over the entire period. A distinction is made between standard occupations and bottleneck occupations. The German Federal Ministry of the Interior (BMI) announced the respective minimum salaries for the following year by the end of the previous year.

In addition to the requirement of employment for a minimum period of 33 months, the holder of an EU Blue Card must also have paid contributions to the statutory pension insurance scheme for at least 33 months following Section 18c (2) sentence 1 AufenthG or provide evidence of expenses for an entitlement to comparable benefits from an insurance or pension institution or an insurance company.

Apart from this, simple German language skills at level A1 must be proven for the permit to be issued. Finally, reference is made to the requirements of Section 9 (2) sentence 1 no. 2 and 4 to 6, 8 and 9 AufenthG. Accordingly, the holder of an EU Blue Card must also prove that their livelihood is secure and that they have a basic knowledge of the legal and social order and sufficient living space.

However, if sufficient knowledge of the German language is available, the settlement permit can also be issued after just 21 months (see Section 18c (2) sentence 3 AufenthG). For this, knowledge at level B1 must be demonstrated.

2. For Highly Qualified Persons

Under Section 18c (3) AufenthG, simplified conditions apply to granting a settlement permit to highly qualified persons in particular cases. This means obtaining a permit without a prior minimum stay in Germany is possible. The background is the German economy’s particular need for highly qualified workers.

A skilled worker with an academic qualification is considered highly qualified if they have several years of professional experience. Scientists with particular expertise and teachers and academic staff in prominent positions are explicitly mentioned. However, this list is not exhaustive but merely exemplary.

The person must be expected to integrate into German living conditions and that their livelihood is secured without state assistance. In addition, public safety and order must not be jeopardised (Sections 18c (3) sentence 1, 9 (2) sentence 1 no. 4 AufenthG).

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Practice Group: German Immigration Law

Practice Group:
German Immigration Law

Aykut Elseven

Lawyer | Managing Partner

Nora Nolan

Lawyer

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Email: info@se-legal.de
Appointments made by telephone only.

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