legal requirements for working in germany after graduation · - up to 12 months abroad possible -...

Universität Konstanz

Alexandra Frasch International Office 18.12.2019

Legal requirements for working in Germany after graduation


Working during your studies With a student residence permit §16 If not stated differently on your “Zusatzblatt”: - 240 half days per calender year - 120 full days per calender year Note: Working days, not employment days! - no limit in student jobs on campus (for example Hiwi, Seezeit etc.) Note: If you want to work more, the immigration office has to agree!

18.12.2019


Internships during your studies

With residence permit for studies §16 Compulsory internship required in your study programme: - Does not use up your 120/240 working days per year for the compulsory

duration of the internship - No approval of Immigration Office or Agentur für Arbeit required - No legal right on minimum wage

Voluntary internship: - Uses up 120/240 working days per year - If your internship exceeds these hours, the Immigration Office/Agentur für

Arbeit has to agree - If the internship is longer than 3 months, you have the legal right to receive

minimum wage from the first working day (9,35 €/hour, 1.1.2020)

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Job search after graduation (§16,5) - for 18 months - work permit without restrictions - requirements:

- (rental contract) - (preliminary) graduation certificate - health insurance - financial proof (853 Euros/month)

with academic degree from another country (§18 c) - for 6 months - no work permit - also for job search after employment - requirements:

- accredited graduation certificate - health insurance - financial proof

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PhD Studies §16, 1 Student visa - work permit like student + job search visa for 18 months - counts only 50% to settlement permit

§18 Employment > 50% job contract

+ counts towards settlement permit - extension for job search only 6 months

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Work in Germany Blue Card EU (§19a) - for max. 4 years or work contract + 3 months only - work permit without restrictions - no language requirement (for you and family members) - up to 12 months abroad possible - need permission to change job within first 2 years - change to another EU country after 18 months for work with Blue Card (except

for UK, Denmark, Ireland) - work permit for spouse included - requirements:

- degree from a German university OR accredited degree from a foreign university

- job offer corresponding to your qualification - minimum income: 53.600 Euros gross/year (2019) OR - scarce professions: 41.808 Euros gross/year (2019) (mathematics, life science, IT, engineering, medical doctors)

You have a right to get the permit 18.12.2019


Work in Germany National permit (§18) - < minimum income for Blue Card EU - no language requirement - up to 6 months abroad possible - requirements:

- degree from a German university OR accredited from a foreign university - job corresponding to your qualification - sufficient income - passport

No priority check for graduates of German universities and German Schools abroad required

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Work in Germany

Research and teaching permit (§20) - requirements:

- minimum income required - research contract with accredited research

institution - prove income through stipend, savings or

work contract - advantages:

+ easy access of spouse to labour market (no priority check) + research stays within EU up to 180 days within 360 days (EU mobility except for UK, Ireland, Denmark) + no consent of Federal Employment Agency required + 9 months job search

You have a right to get the permit 18.12.2019


Work in Germany Self-employed / free lance (§ 21) Requirements:

- degree from a German university OR accredited degree from a foreign university

- job corresponding to your qualification - sufficient income - > 45 years old, you need to prove provision for old age

privileged access for graduates or researchers in their academic field (§21,2b)

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Family Reunion

- full access to labour market (§27,5) - Requirements: - spouse > 18 - German language A1 for spouse - marriage existed before you receive permit - stay > 1 year - sufficient living space for you & family - sufficient funding for you & family

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Language Certificate Family

§ 19a Blue Card EU - no German language proof required if marriage existed already

§ 18 and § 18b Employment - yes: A1 - exception: holds recognised university degree OR national of Australia,

Japan, New Zealand, USA Israel, Canada, South Korea, Honduras, Andorra, Monaco, San Marino

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German Settlement Permit Blue card EU holder (§ 19a,6) - with German language B1: after 21 months - with basic German language: after 33 months - requirements:

- payments into pension fund - sufficient living space - sufficient income for your living

Graduates of German universities (§ 18 b) - after 2 years of working (under §§ 18, 19a, 21) - job corresponding to qualification - 24 months paying into pension fund - sufficient income for your living - German B1 level - basic knowledge of legal order - living space for you & family > You have a right to get the permit Privilege for graduates of German universities

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Settlement others - after 5 years with 50% of study permit time deductable - payments into pension fund for 60 months - sufficient funding - sufficient space - sufficient command of German and basic knowledge of the legal and social

system

free lance - after 3 years

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EU permanent residence - after 5 years


Becoming a German citizen § 10 (Staatsangehörigkeitsrecht) + you get more say > voting + free access to all professions > including public service + free mobility in the EU / EEA / Switzerland + travelling is easier + less bureaucracy - requirements:

- 8 years of legal residence - indefinite/definite residence permit / no study permit - financial self support - sufficient German: B1 or university degree - no criminal offences - German degree in law, social or political sciences OR naturalisation test - accept constitution - possibly be prepared to give up your nationality

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Employment law working hours - average 40 hours/week

holiday - minimum 20 days/calender year (5 days work/week)

illness - 6 weeks of continued income paid by your employer - after 6 weeks: 70% paid by your state health insurance ; different rules for

private insurances - indicate that you are ill from the 1st day - bring medical certificate on 4 th day (or earlier)

protection against unfair dismissal - > 10 employees - pregnant women and after birth, handicapped, parental leave - notice depends on how long you have been working for the employer

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Employment law

Taxes - get tax number - tax refund in following year

Parental leave - care for your child by one of parents - up to 3 years - come back to job with equal payment - work less than 30 hours/week - parental benefit for max. 14 months, 1 parent max. for 12 months - 65% of net income, max. 1800 Euros/month Child benefit

Health insurance - state insurance / private insurance - no change form private to state insurance possible if above wage limit

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Working in Switzerland - researchers During your studies Not allowed with a German residence permit. After graduation Not allowed with a German residence permit. Application is possible, Switzerland has a quota for new employees from third countries. For open positions: Swiss and EU candidates have privileged employment rights, employers have to prove that they have tried to find a person from the above mentioned countries for the position first.

18.12.2019


Working in Switzerland - students During your studies Not allowed with a German residence permit. Compulsory internship is allowed after applying for a Swiss internship permit. Non-compulsory internships require a normal work permit -> nearly impossible After graduation Not allowed with a German residence permit. Application is possible, but chances are very very low: Switzerland has a quota for new employees from third countries. For open positions: Swiss and EU candidates have privileged employment rights, employers have to prove that they have tried to find a person from the above mentioned countries for the position first. -> Nearly impossible to be considered for an entry position.

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More information? „Make it in Germany“

Federal Office for Migration and Refugees – Welcome to Germany

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http://www.make-it-in-germany.com/en

http://www.bamf.de/EN/Willkommen/willkommen-node.html


Alexandra Frasch Student Advisor Degree-seeking students· International Office Tel.: +49 (0) 75 31/88 - 5344 [email protected] Mon, 10-12, Thur, 11-12 A 623 Thur, 9.30 – 11, SSZ

Any questions?

https://www.uni-konstanz.de/en/international-office/study-in-konstanz/degree-studies/work-in-germany-after-completing-your-studies/

mailto:[email protected]

























legal requirements for working in germany after graduation · - up to 12 months abroad possible -...

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