New Immigation Law for Foreign Students and Scientists


August 18, 2004.  

In July the German Government decided the new Immigration Law, which will enter into force on January 1, 2005. This law improves the possibilities for foreigners to work during the studies and after graduation. This implies also for their relatives living in Germany.

The following rules from the Immigration Law are relevant for foreign students and visiting scientists:

 

1. Improvement of General Conditions for Students

 

Holding a part-time student job at universities or other scientifical institutions as well as in tuitions of the student unions is possible without a work permit, i.e. without a temporal restriction. Generally an additional employment is allowed without a special permission for up to 180 half days per year. Spouses and relatives coming to Germany afterwards will get the same working rights.

 

2. Subsequent working possibilities for Graduates

 

Graduates may work in Germany for one year after their graduation in order to gain first working experiences or to search a job in Germany according to their qualification. At the end of this year they may in principle get the right of constant residence as high qualified top executives (§ 19). This applies for scientists with special professional knowledge and instructors or research associates with special functions and specialists as well as executives with special working experience, which receive a salary at least twice the social security contribution ceiling.

 

3. No Restrictions for Relatives coming to Germany

 

Relatives coming to Germany get the same working rights as the foreigner, who is already here; the previous waiting period for getting access to the job market is cancelled. Spouses of visiting scientists are allowed to come to Germany without a waiting period.



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