How to stay and live in Germany after your studies

International students who wish to stay in Germany after completing their studies need to deal with the complexities of German visas and immigration law. This article from Schlun & Elseven Rechtsanwälte serves as an overview for international students considering staying in Germany after their studies. It will walk you through the various legal pathways, including the Job Seekers Visa and the EU Blue Card, and provides practical advice on the application processes.

German student visa to employment visa

What steps do you need to take if you want to stay in Germany and work once your study visa has expired? You have several options.

Legal framework

After completing your studies in Germany, your legal status changes, and the German Immigration Act (Aufenthaltsgesetz) governs under what circumstances non-EU graduates can stay in the country. As a graduate, you must switch from a student visa to a different residence permit that aligns with your new goals, like seeking employment or starting a business.

The law offers several pathways for extending your stay, but each comes with specific requirements and timelines. The early preparation stage is critical to avoid the risk of having to leave Germany before securing the necessary permits.

Post-study visa options in Germany

There are four main types of visas for which graduates from German universities can apply if they would like to work in the federal republic after their studies.

Job Seekers Visa

The Job Seekers Visa is a popular option for foreign, non-EU graduates. This visa allows you to remain in Germany while searching for a job that matches your qualifications.

It is recommended to have a German university degree or have relevant vocational qualifications completed in Germany, or that are recognised as equivalent to German standards to qualify. You should apply at your local immigration office before your student visa expires, providing proof of graduation, financial resources and health insurance coverage.

The visa lets you stay in Germany for up to 18 months, during which you can work in any job to support yourself while you search for a position relevant to your degree. This visa is often the first step towards long-term residency, giving you time to find employment that could lead to a more permanent residence permit, like the EU Blue Card. However, since June 1, 2024, a Job Seeker's Visa can only be issued to foreign nationals who have previously stayed in Germany for studies, educational or research purposes.

To ensure a smooth transition, avoid common mistakes such as applying for the Job Seekers Visa only after your student visa expires. It’s crucial to provide clear evidence of financial stability to prevent visa denial. While the visa allows temporary employment, focus on finding jobs related to your field to avoid complications with future permits. Improving your German language skills can significantly boost your job prospects.

The German Employment Visa

The German Employment Visa allows qualified internationals to live and work in Germany for up to two years, with the potential for extension and conversion to an EU Blue Card or other residence permits. This visa supports various employment purposes depending on your circumstances and nationality. While citizens of certain nations can enter Germany without a prior visa, most foreign nationals need to secure an employment visa before travelling.

To apply, you must receive a job offer from a German employer and meet other eligibility criteria, such as having a recognised degree or relevant professional qualifications. The application involves gathering necessary documents, submitting them to a German embassy or consulate, and attending an interview. Ensure you start this process in advance to avoid delays in starting work and other potential visa-related consequences.

EU Blue Card in Germany

The EU Blue Card is a residence permit for non-EU skilled workers. To qualify, you need a recognised university degree and a job offer in Germany that matches your qualifications. Your gross annual salary must also meet a minimum threshold of 45.300,00 euros, though it can be lower for high-demand professions like IT, engineering and healthcare, at 41.041,80 euros per year before tax. To apply for the visa you must first secure a job offer that meets these salary criteria.

The EU Blue Card provides significant benefits, including the possibility of applying for permanent residency after 33 months or 21 months with B1-level German language skills. It also offers mobility within the EU and allows spouses to obtain residence permits and work in Germany.

Permanent residence permit

Securing a permanent residence permit in Germany, known as Niederlassungserlaubnis, marks a significant achievement. To qualify, you generally must have lived in Germany for at least five years under a valid residence permit or three years if holding an EU Blue Card. You must provide evidence of stable, long-term employment and demonstrate proficiency in German, typically at the B1 level. Financial independence is also crucial, as you must show that you can support yourself and any dependents without relying on certain social security benefits.

Challenges on this path include managing gaps in employment, which can complicate your application. Ensuring you meet the language requirements may require taking intensive courses if needed. Additionally, significant changes in personal circumstances, such as changes in marital status or employment, could affect your eligibility. Being proactive and seeking legal advice during such changes can help mitigate potential issues and enhance your chances of obtaining permanent residency.

Following recent developments in German citizenship law, there is also the possibility of becoming a German citizen after five years of legal residence in Germany. 

Potential legal challenges

During the process of transitioning from student to work visa, there are several legal hurdles you could face. We explain what to expect and possible solutions.

Visa rejections and appeals

Facing a visa rejection can be daunting, but acting quickly is paramount. If your visa application is denied, you have the right to appeal the decision. This process involves submitting a formal appeal within the specified timeframe, often requiring the help of an experienced immigration lawyer to strengthen your case.

Understanding the common reasons for visa rejections, such as incomplete documentation or financial insufficiency, can help you avoid these pitfalls from the outset. Ensuring your application is thorough and accurately reflects your circumstances is critical to preventing denials.

Recognition of foreign qualifications

For many professions in Germany, getting your foreign degree recognised is a legal requirement. The recognition process involves submitting your qualifications to the relevant German authority, which may require additional documentation or assessments. This process can be a bureaucratic hurdle, but it's crucial for securing employment in regulated professions.

Professional licencing is often required for those entering fields like medicine or law, which can involve passing additional exams or meeting specific German standards. Starting this process early and seeking guidance from experienced legal professionals can help streamline these steps.

Family reunification and self-employment cases

Legal complexities can arise if you're planning to bring family members to Germany, particularly around family reunification visas. The process requires demonstrating sufficient financial means, appropriate living arrangements and fulfilling other criteria.

For graduates interested in entrepreneurship, starting a business in Germany requires facing specific legal requirements, such as proving the viability of your business plan and securing the appropriate entrepreneur / self-employment visa. Both scenarios can benefit significantly from early legal consultations with legal professionals to ensure all requirements are met and to avoid complications.

Staying legally compliant

Adhering to several essential requirements is vital to maintain your legal status in Germany. 

First, you must register your address with local authorities within a specified timeframe after moving to Germany and keep this registration current. Inaccurate or outdated records can lead to legal issues.

Health insurance is mandatory for all residents, including non-EU citizens. Ensure you have proper coverage to avoid fines and complications with visa renewals.

Tax compliance is also essential. You must pay taxes on your income, file annual returns, and declare all earnings correctly. Consulting a tax professional can help with the challenges of the German tax system.

Start the visa or residence permit renewal process with a lawyer before your current permit expires. Submit required documentation on time to avoid overstaying your visa, which can lead to fines, deportation, or entry bans. Stay aware of your visa's expiration date and renewal requirements to ensure continuous compliance.

Successfully transition from student to long-term resident

Understanding German immigration laws is crucial for successfully transitioning from student to long-term residence in Germany. Visa applications, securing employment and maintaining legal status require careful attention to detail and adherence to regulations. 

For specialised support, Schlun & Elseven Rechtsanwälte offer expert guidance on the German immigration system to clients all over Germany and further afield. By working with Schlun & Elseven Rechtsanwälte, you can ensure a smooth transition and optimise your chances for a successful stay in Germany.