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DAAD Welcomes ‘Right of Residence’ Improvements

Greater freedom of choice for foreign students, graduates, scientists and researchers

Bonn, 30 April 2012. On 27 April 2012, the Bundestag (lower house of Germany’s federal parliament) passed the Act Implementing the EU Directive on Entry and Residence of Highly Qualified Workers. The scope of this law exceeds the EU targets and presents foreign students, scientists and researchers with new opportunities in Germany. And yet, though it is indeed a step in the direction of a ''welcoming culture'', there is still more to be done.

The German Act Implementing the EU Directive on Entry and Residence of Highly Qualified Workers brings far-reaching changes to the right of residence in Germany: for example, foreign students will in future be permitted to odd-job for 120 instead of, as previously, 90 days per year and, after graduating, they will be allowed to stay in Germany for 18 instead of 12 months to seek qualified employment. They may work without time limits during this search phase. They are no longer obliged to seek the approval of the German Federal Employment Agency (BA). Another novelty is that they will be eligible for a settlement permit, in other words an indefinite right of residence, as early as after two years.

A right of residence for up to 6 months is to be introduced for foreign academics seeking employment. Anyone able to present an employment contract as an academic or qualified professional with a minimum salary of around €44,800 (around €35,000 for certain shortage occupations) may work in Germany for up to 4 years using the ''Blue Card''. Blue Card holders will already be eligible for a settlement permit after 2 to 3 years. Family members of foreign skilled workers will also find it easier to take up employment, for example by no longer requiring the approval of the German Federal Employment Agency (BA).

The new law opens up new opportunities in Germany for foreign students, scientists and researchers. It broadens the individual’s freedom of choice, e.g. to stay and work in Germany for a certain time or indefinitely. In the view of the German Academic Exchange Service (DAAD), this individual freedom of choice is a key characteristic of an outward-looking and welcoming country. The DAAD hence welcomes the new legislation.

By way of further improvement, the maximum duration of stay of students should be returned to 10 years for a course of studies, including study preparation, and 5 years for a doctorate. Since 2009, the maximum duration of stay has been set at a total of 10 years for a course of studies and a doctorate. Even allowing for the standard study period this is still too short a period of time if a student is obliged to attend and complete Studienkolleg (preparatory study college) before taking up his or her studies or if the doctorate, as is the case for most German students, takes more than three years. Simultaneously more efforts must be undertaken to improve the studying success of foreign students in Germany.
 

The act still needs to be approved by the Bundesrat (upper house of Germany’s federal parliament).