Migration to Germany
Germany has the largest economy in Europe and is also one of the largest in the world. It has the largest population in the EU and is a federal republic, consisting of 16 states, called Bundesländer each of them having their own capital and own parliament.
The economy has been stable over the years, having met the global financial crisis in 2007/2008 easily. Germany has a highly skilled labour force, but still not enough to cover all needs. That is why big legal changes are being made in June 2019, as the new Fachkräfteeinwanderungsgesetz (Law on Migration of Highly Skilled People) has been adopted by the parliament. The county has a large capital stock, is known for the low level of corruption and its innovations. When thinking of Germany many think of its industry and quality behind it, why Germany is one of the biggest exporters in the world.
Another important thing to know is that Germany has not a single economic centre as one might think of the capital Berlin. German is the official language; English is spoken widely.
With investing in Germany, the question raises whether a migration to Germany is meaningful. It is good to know, that the German population is constantly growing older meaning that there is a shortage of skilled workers in Germany, e.g. in the fields of IT, engineering and health care. Germany has a widely range of migration laws which may affect the investment plan.
Entering and staying in Germany is connected with a visa requirement for non-EU-citizens. An exception exists for example for the citizens of the United States of America or the United Arab Emirates, who do not need a visa for a stay up to 90 days in a 180-days-period.
A visa means the Schengen visa, which can be extended for a total stay of 90 days per period of 180 days. For stays longer than 90 days, a visa (so-called national visa) is required. For those stays the following visa models are given:
Ø residence permit,
Ø EU Blue Card,
Ø ICT card,
Ø settlement permit and
Ø EU permanent residence permit
The residence permit is a temporary residence permit issued for specific residence purposes. The settlement permit, on the other hand, is an indefinite residence permit entitling the holder to work. A settlement permit is mandatory if certain conditions are met (for example, if you hold a residence permit for 5 years, secure your livelihood, sufficient knowledge of German, etc.). The situation is similar with the EU permanent residence permit, which allows holders of a residence permit to enjoy the freedom of movement within the EU. In addition to the settlement permit, this is the strongest form of a residence permit. For foreigners with an academic or equivalent qualification level, it is possible to obtain a residence permit by applying for the so-called EU Blue Card. It is a requirement to obtain a German or recognized foreign or comparable foreign university degree and a minimum annual gross salary of EUR 53.600,00 or EUR 41.808,00 for skilled workers in certain fields. The EU blue card can be converted into an unlimited settlement permit. For an entrepreneurial transfer, the so-called ICT card and the so-called mobile ICT card are the right visas. The ICT card only enables activities in a German branch for executives, specialists and trainees for more than 90 days, but for a maximum of three years (for trainees a maximum of one year). In contrast, the Mobile ICT card is issued for short-term mobility for more than 90 days if the alien already holds a residence permit from another EU member state.
In general, the application procedure has to be done before entering Germany. The applicants have to submit their application with all needed documents in person at the competent authority.
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Attorney at Law Hülya Oruç, LL.M.
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