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Introduction of the Blue Card

and New Internet Platform for Foreign Workers

as of 15 June 2012

Introduction of the Blue Card

The Act implements the EU Directive on Highly-Qualified Workers and is scheduled to

enter into force on 1 August 2012. Third-country academics who can prove that they have

a job in Germany that corresponds to their qualifications and an annual gross salary of

currently at least 44,800 Euros, are granted the Blue Card residence title. In these cases,

the approval of the Federal Employment Agency is no longer required.

Academics having a degree in mathematics, informatics, natural science and technology

(so-called MINT professions) and doctors may also be entitled to a Blue Card when theyearn less than 44,800 Euros. For this to apply, they must earn the same amount as com-

parable German workers, at least, however, 34,944 Euros. In these cases, the Federal

Employment Agency's approval is still necessary, but the priority examination (examina-

tion whether a comparable applicant is available on the German labour market) is no

longer required.

After 33 months, holders of the Blue Card are granted a settlement permit (permanent

residence permit) if they can prove that their language skills comply with level B1 of the

Common European Framework of Reference for Languages (CEFR),

http://www.goethe.de/z/50/commeuro/303.htm). In cases where language skills corre-

sponding to level B1 already exist and have been certified, the settlement permit can al-

ready be granted after 21 months.

The requirement that highly qualified workers must earn at least 66,000 Euros for a set-

tlement permit to be granted immediately, has been waived so that now there is just one

residence title for highly qualified workers which is linked to a certain level of income.

The Act contains other new provisions that facilitate the labour market access for foreign

workers and go beyond the requirements of the EU Directive.

A visa, valid for 6 months, is introduced to allow university graduates who might be

entitled to a Blue Card and who are able to support themselves, to search a job.

The period during which foreign university graduates having completed their studies in

Germany may search a job, is extended to 18 months. During this 18-month job

search period, they will be allowed to take up any job as a means of supporting them-

selves.

Foreign university graduates having acquired qualifications in Germany, can take up

any employment that corresponds to their education without the approval of the Fed-

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eral Employment Agency. After two years of gainful employment, they are granted a

settlement permit.

The taking up of self-employment will be facilitated for foreign university graduates.

The possibilities for foreign students to earn supplementary income during their stud-

ies will be extended from 90 full or 180 half days to 120 full, or 240 half days.

Persons having completed vocational training in Germany will in the future have the

possibility to take up employment in Germany that corresponds to their training. In

these cases, the approval of the Federal Employment Agency is granted without priori-

ty examination.

Persons having completed training in Germany will have one year to find a job.

For the first time, third-country nationals pursuing company-based training, are al-

lowed to have a supplementary job with working hours of not more than ten hours per

week.

The envisaged legal changes will grant the spouses of Blue Card holders immediate,

unlimited access to the labour market.

The principle of implied approval will be introduced in the approval procedure of the

Federal Employment Agency: after two weeks, the Agency's approval of the employ-

ment is deemed to have been granted. Furthermore, a preliminary examination proce-

dure will be introduced, allowing the Federal Employment Agency to perform the ex-

amination prior to being involved in the visa procedure if the employer so wishes. The pursuit of self-employment will be facilitated by waiving the provision requiring an

investment of 250,000 Euros and the creation of five jobs.

New Internet Platform

From now on, foreign skilled workers can inform themselves on the living and working

conditions in Germany and the legal requirements for taking up employment via the inter-

net portal www.Make-it-in-Germany.com. In cooperation with the Federal Employment

Agency's International Placement Service (Zentrale Auslands- und Fachvermittlung) and

the European Job Mobility Portal EURES (http://ec.europa.eu/eures), the portal offers the

possibility to search a job directly.

www.Make-it-in-Germany.com is part of the German government's skilled labour initiative

that has its own website: www.fachkrfte-offensive.de.