How do scholars immigrate to Germany

In the article "Details of Immigration Law" published on its website before the immigration law was completely passed, the Federal Ministry of the Interior introduced this new regulation in this way: "Senior professionals have been arranged with the possibility of long-term residence from the beginning, and they can immediately settle down and stay. Family members who arrive at the same time or later have the right to work. "

The problem of skilled migration is reflected in article 19 of the Immigration Law. The title of Article 19 is "Permit for the Settlement of Senior Professionals". Point (1) of Article 19 reads: "Under special circumstances, foreigners with advanced professional level can obtain residence permit. If the Federal Labor Office agrees according to Article 39, or if it is not necessary for the Federal Labor Office to give consent according to Article 42 laws or international agreements, it is reasonable to stipulate that if it is integrated into the Federal Republic of Germany, living conditions and living security can be realized without state support. " The state government may decide whether the issuance of residence permit according to point 1 requires the approval of the highest state agency or its designated agency. "

This card is a bit difficult to "green"

Article 19, point (2) stipulates three kinds of people who can be called "with advanced professional level".

The first kind of people: "scientists with special professional knowledge" (original: Wissenschaftler MIT Besonderen Fachlichen Ken Tennissen. )

The second kind of people: "prominent teachers or prominent researchers" (original: Lehrperson in Herausgehobener Funktion oder Wissenschaft Liche Mitarbeiter in Herausgehobener Funktion).

The third kind of people: "experts with special professional experience and staff in leading positions earn at least twice the upper limit of legal medical insurance premium measurement." (Original: Spezia Listen and Leiten de Angsletter e with Be Rufserfahrung, speaking at a meeting. )

What is the "legal medical insurance premium calculation line"? This is a line set by Germany: if the annual income exceeds this line, you don't need and can't continue to enjoy legal medical insurance. You can only "voluntarily" insure legal medical insurance or invest in private medical insurance. This line fluctuates every year, and in 2004 it was 465,438+0,850 euros.

That is to say, senior talents who can directly obtain indefinite permission to settle in Germany must earn more than 83,700 euros a year, and their monthly (gross) income must exceed 6,400 euros according to 13 months.

This threshold is quite high! People who exceed the legal medical insurance premium can already be regarded as a high-paying class in Germany, which is more than twice as high. How many German companies are willing to hire such high-paying people? Is this threshold too high?

One more question, this salary condition is written in the third point. Literally, this condition only applies to the third kind of people, but the first two kinds of people are not limited by this. However, local foreign affairs offices and relevant state agencies can have another understanding. It is conceivable that even if it can be understood as limited to the third kind of people, the wages of the first two kinds of people will be calculated everywhere, at least not too far apart. The scope of application of this restriction should be further clarified in the implementing regulations of the Immigration Law.

One more thing needs to be mentioned. As mentioned in the Interpretation (1), due to the cancellation of the right of abode, there is only indefinite residence, not permanent residence. So it can be said that the "green card" no longer exists in Germany, or at least the "green content" of this "green card" exists.

Work residence

Besides high-level technical talents, what kind of China people can get jobs and stay in Germany? Judging from the current situation in Germany in recent years, first, employees of German enterprises and institutions; Second, employees of Chinese-funded enterprises and China-run enterprises can actually be classified into one category, that is, they are both "German enterprises". The above two aspects include China university students who will graduate in Germany in the future; The third is the chef of Chinese restaurant; Fourth, the families of Germans or China people who have the right of abode in Germany; Fifth, temporary workers, such as 500 German workers and engineers who dismantled large equipment in Dortmund a year ago and transported them to Shagang, China (staying in China for about a year) or expert workers who built China gardens in some places.

The provisions on work and residence in the Immigration Law mainly focus on point 8, "Participation of the Federal Labor Office". This section includes articles 39 to 42 ***4. Article 39 "Approval of employment of foreigners" shall pay attention to the following points.

As a prerequisite for granting a work permit (a prerequisite for work and residence), article 39 (2), point 1 stipulates items a) and b).

Item (1) stipulates that the employment of foreigners shall not have a negative impact on the labor market, especially in the employment structure, regional system and economic industries. This provision is very general, but it may become an excuse for some authorities in due course.

Item (2) stipulates that no German or foreigner with priority (for example, members of EU countries who have settled and stayed in China, their families and German families) can occupy the post. This rule has always existed. China people who apply for jobs in Germany must have their own uniqueness, such as having a job, not coming from China, having experience in China, and having contacts in China. The job of a chef in a Chinese restaurant is also unique. Of course, this aspect has been specifically stipulated in the agreement between the two countries. Foreigners applying for a job in Germany often encounter this situation: the labor bureau says it will take a month to see if any Germans (or people from other EU countries) want to occupy this position. Then the labor bureau advertised. If your future employer just says that you need someone who can speak Chinese, that's not enough, because it's not difficult to find a German, an EU member or a former China who has become a German. Therefore, we must fully consider the reasons for using foreigners.

Point 2 of Article 39 (2) actually raises three questions: first, the jobs occupied by foreigners must be responsible for labor market policies and integration policies; Second, the working conditions of employed foreigners should not be "unfavorable" (that is, unequal) than those of Germans; Third, enterprises that employ foreigners must inform the labor bureau of the wages, working hours and other working conditions given to the foreigners concerned.

Article 40 is "grounds for refusal". The Labor Bureau may refuse to issue a work permit (making it impossible for the foreigner to obtain or extend the residence permit), and the reasons for refusal include: working relationship through impermissible job intermediary or improper job search process; The foreign employee wishes to work as a leased employee.

Article 4 1 "revocation of approval" is noteworthy: if the foreigner's employment conditions are unfavorable (unequal) than those of comparable German employees, or meet the above-mentioned "reasons for refusing visas", the work permit that has been granted may be revoked.

For example, if a China company hires a full-time employee and only gives him/her 300 euros a month (not an internship), the labor bureau can refuse him/her a work permit. This is also the reason why the Immigration Law requires employers to provide the labor bureau with data such as wages and working hours of foreigners they employ.

Article 42 refers to which issues must be decided by the Federal Ministry of Economy and Labor with the consent of the Federal Senate, and which issues can be decided independently.