Legal requirements for working in Germany after graduation - Alexandra Frasch and Eva Maisel International Office | Career Service 7 June 2018
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Legal requirements
for working in Germany
after graduation
Alexandra Frasch and Eva Maisel
International Office | Career Service
7 June 2018
Universität Konstanz
d-fine: Text and Network Analysis in Risk Management
Thursday 14.06.2018 5 to 8.15 pm
G421
Lecture, discussion and get together
Registration at SSZ until 11th of June
07.06.2018 Legal requirements for working in Germany Universität Konstanz
Career Passport – Kick-start your career
Apply - activities related to job orientation and job
applications
• Mandatory activities
• Personalised career counselling incl. CV Check
• Legal requirements for working in Germany
• Career Orientation Module
• Kontaktpunkt (career fair)
• Compulsory elective activities
• at least five activities
Speak - acquire German language skills
• take at least 2 German courses/two departmental courses in German
Live – improve your intercultural competences
• choose at least 2 activities at the Centre for Key Skills
Work – gain work experience
• take at least one activity
More information: Alexandra Marenčáková
Career Passport Coordiator
career.inf@uni-konstanz.de
Office: PZ804
07.06.2018 Legal requirements for working in Germany Universität Konstanz
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!
- longer hours in student jobs (for example Hiwi, Seezeit
etc.) but: Inform the immigration office
Note: If you want to work more, the immigration office has to agree!
If you have a different residence permit (for example §30), these
regulations might not apply for you.
07.06.2018 Legal requirements for working in Germany Universität KonstanzInternships during your studies
With residence permit studies §16
Compulsory internship required in your study program:
- Does not use up you 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 (8,84€/hour)
07.06.2018 Legal requirements for working in Germany Universität KonstanzJob search
after graduation (§16,5)
- for 18 months
- work permit without restrictions
- requirements:
- rental contract
- (preliminary) graduation certificate
- health insurance
- financial proof
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
07.06.2018 Working in Germany after graduation Universität KonstanzWork in Germany
Blue Card EU (§19 a)
- for max 4 years or work contract + 3 months
- 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 from a foreign university
- job offer corresponding to your qualification
- minimum income: 52.000 Euros gross/year (2018) OR
- scarce professions: 40.560 Euros gross/year (2018)
(mathematics, life science, IT, engineering, medical doctors)
You have a right to get the permit
07.06.2018 Working in Germany after graduation Universität KonstanzWork 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
No priority check for graduates of German universities and German
Schools abroad required
07.06.2018 Working in Germany after graduation Universität KonstanzFamily 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
07.06.2018 Working in Germany after graduation Universität KonstanzLanguage 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
07.06.2018 Working in Germany after graduation Universität KonstanzWork in Germany
Research and teaching permit (§20)
- requirements:
- minimum income required
- research contract with accredited research
institution
- advantages:
+ easy access of spouse to labour market
(no priority check)
+ research stays within EU up to 90
days/calender year
+ no consent of Federal Employment
Agency required
You have a right to get the permit
07.06.2018 Working in Germany after graduation Universität KonstanzWork in Germany
Self-employed / free lance (§ 21)
- self-employed: manual trade or retail business if
- commercial interest or regional demand for your service or product
- likley to have positive impact on economy
- secured financing by capital or loan
- free lance
- funding for project
- support yourself
- permit to exercise the profession
- requirements:
- degree from a German university OR accredited from a foreign university
- job corresponding to your qualification
- sufficient income
- > 45 years old, you need to prove provision for old age
priviledged access for graduates or researchers in their academic field
(§21,2b)
07.06.2018 Working in Germany after graduation Universität KonstanzSettlement
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
07.06.2018 Working in Germany after graduation Universität KonstanzSettlement
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
07.06.2018 Working in Germany after graduation Universität KonstanzBecoming 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
07.06.2018 Working in Germany after graduation Universität KonstanzPhD 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
07.06.2018 Working in Germany after graduation Universität KonstanzNews
Change from studies to a professional
formation
„scarce profession“
> at discretion of Ausländerbehörde
Student Mobility within EU (§16 a)
07.06.2018 Working in Germany after graduation Universität KonstanzEmployment 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
07.06.2018 Working in Germany after graduation Universität KonstanzEmployment law
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
Taxes
- get tax number
- tax refund in following year
Health insurance
- state insurance / private insurance
- no change form private to state insurance possible if above wage limit
07.06.2018 Working in Germany after graduation Universität KonstanzWorking in Switzerland
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.
07.06.2018 Legal requirements for working in Germany Universität KonstanzMore information?
„Make it in Germany“
Federal Office for Migration and Refugees – Welcome to Germany
07.06.2018 Working in Germany after graduation Universität KonstanzAny
questions?
Alexandra Frasch
Student Advisor Degree-seeking students· International Office
Tel.: +49 (0) 75 31/88 - 5344
alexandra.frasch@uni-konstanz.de
Mon + Thur, 10-12, A 623
Wed, 12 – 2 SSZ
https://www.uni-konstanz.de/en/international-office/study-in-konstanz/degree-
studies/work-in-germany-after-completing-your-studies/
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