secret.simon wrote: ↑Fri Mar 24, 2023 5:25 am
This is a very niche and specific set of questions and I hope that somebody with knowledge of German immigration law can help out.
The question is on behalf of somebody else, a citizen of an Asian country, who is qualified as an engineer and an MBA, and currently employed as the former. He is looking at moving to an EU country as he would like to bring his parents with him, something that is next to impossible in the UK.
As he is currently employed, he is not keen to leave that job without getting a job offer, but conversely he can't seem to be able to get offers as he is not resident in the EU.
He would like to know,
(a) Can he apply for a German job-seeker visa and yet not arrive in Germany? If he goes down this route (of not arriving in Germany), what are the negative consequences?
What would be the point of going through this very involved visa process if he is not intending to use it?
One consequence could be, if he has a nationality that requires a blocked account with living expenses for his time in Germany, that these accounts are usually set up to release money gradually over the duration of the visa (e.g. 1/6 per month for a six month visa), which can only be activated from within Germany, or for the money to be released in full in case of a visa refusal. Receiving the visa and not using it has led to applicants who changed their minds having no access to their money. Or facing immense difficulties with the bank.
secret.simon wrote: ↑Fri Mar 24, 2023 5:25 am
(b) Would having a job-seeker visa allow him to bypass or meet the Resident Labour Market Test?
The issuance of a jobseeker visa includes a sort of pre-vetting that would otherwise be done after receiving a job offer and it is a much easier and quicker process to switch from a jobseeker visa to a work permit in ccountry than to apply for a work permit from abroad. The job still has to be one that qualifies for a work permit. He can´t get a work permit for a low skilled job on a jobseeker visa.
secret.simon wrote: ↑Fri Mar 24, 2023 5:25 am
(c) As he is an engineer with about 6 years of experience, does he need to requalify in Germany to practice in that field? If yes, what is the procedure for that?
What kind of engineer? Electric? Mechanical? Civil? IT? The easiest way to know where he stands would be to apply for recognition of his degree. I would do that before I do anything else, because it will show what exactly his chances are in Germany.
He can check in the Anabin web site and print out what it says about his degree.
https://anabin.kmk.org/anabin.html
If Anabin says his degree is equivalent to a German degree, that´s a good start. But he should also check regulations regarding his specific branch of engineering. In some cases, he´ll need to jump through some hoops on a federal or state level:
https://www.anerkennung-in-deutschland. ... /index.php#
secret.simon wrote: ↑Fri Mar 24, 2023 5:25 am
(d) If he gets a job in Germany via the job-seeker's visa, is he restricted to jobs in Germany only till PR or can he then start looking for opportunities in other EEA member-states (i.e. after he qualifies in Germany and has worked for a few months in Germany, can he then look at jobs in the Netherlands, Ireland, etc)?
The jobseeker visa only enables him to legally stay in Germany for up to six months for the purpose of applying for jobs and attending interviews. It does not give work rights and does not automatically lead to a specific type of work permit.
If he receives a standard work permit, nothing stops him from applying elsewhere and starting the work permit process in another country. The standard work permit can lead to permanent residence after five years if all requirements are met (language, etc.)
If he qualifies for and receives a BlueCard, there are restrictions on changing jobs even within Germany and he would not be able to get a BlueCard in another EU country for 18 months (although I think he could get a different type of work permit). On the other hand, he could qualify for permanent residence after 21 months if he meets higher German language requirement or 33 months with a lower language ability. If he does change jobs to a different EU country, and gets a BlueCard there, his time in Germany on BlueCard may be counted towards permanent residence in the other EU country. Please note that EU countries have different requirements attached to BlueCard and permanent residence after BlueCard, so the qualifying period may be longer than in Germany.
Permanent residence does not give work rights in other EU countries, only EU citizenship does and naturalization requirements vary from country to country, usually starting from a five year residence requirement.
secret.simon wrote: ↑Fri Mar 24, 2023 5:25 am
(e) Assuming that he were to work in Germany, how soon would he qualify for PR? I presume that it would be five years.
See above, it depends on the type of residence/work permit he qualifies for.
CC: @ALKB, @alterhase58
[/quote]
I would not recommend Germany, if he wants to bring his parents. It´s nearly impossible under domestic German immigration law and health insurance can be difficult to obtain and be horribly expensive for those who are not working in Germany, have not worked in Germany and do not qualify for state benefits.
I am not aware, which EU countries do allow dependent parents to accompany an adult child who is a work permit holder of their country. I think I heard something like that about either Luxembourg or Liechtenstein, but he´d have to look into it, I don´t recall where I read that.
One way would be to work in an EU country, naturalize, then move to a different EU country under EU freedom of movement and bring the parents through that route.
Again, Germany would not be the quickest, as it currently requires eight years of legal residence to naturalize unless the applicant is married to a German national.
I am not a regulated immigration advisor. I am offering an opinion and not advice.
