In immigration law, he focuses on German and U.S. immigration
and visa law issues. He advises individuals who intend to travel or
immigrate to Germany or to the U.S. for personal or business reasons
on all applicable visa requirements. He also makes sure they are
well represented before the authorities involved during the entire
application process.
Corneliusstr. 34
60325 Frankfurt am Main
Germany
+49 6976757780 Phone
+49 69767577810 Fax
t.schwab@winheller.com
www.winheller.com/en
more likely to obtain residence titles
for Germany. On August 1, 2012, the
German law implementing Council
Directive 2009/50/EC of May 25, 2009,
on the conditions of entry and residence
of third-country nationals for the
purposes of highly qualified employment,
came into force.
In the course of this implementation,
the legislator not only inserted Sec. 19a
in the German Residence Act, but also
used this as an opportunity to amend the
preconditions for the granting of other
residence titles.
Permit
between a Schengen visa, a national visa
and a residence permit.
A Schengen visa entitles its holder
to stay within the Schengen countries
up to three months within a period of six
months. Longer stays (e.g., in order to
work or to study) require a national visa.
Such a visa will be applied for with a
German consulate in the foreign coun-
try. The national visa is valid for three
months. After the foreigner has entered
the registration office, but also must
apply for the corresponding residence
permit with the local foreigners' office.
U.S. citizens and citizens of a few
other countries do not require a visa,
neither for a short trip nor in case they
intend to work or study in Germany. If
they wish to stay in Germany for more
than three months or to work, they may
directly apply for the residence permit
with the local office after having entered
the country. However, most other third-
country nationals will have to apply for a
visa in order to enter Germany and then
apply for a residence permit.
Residence Permit
another distinction: It differentiates
between a temporary and a permanent
residence permit. However, contrary to the
U.S. green card, a permanent residence
permit only may be applied for directly
in a few cases. The main requirement is
that the applicant has lived in Germany
for several years on a temporary residence
permit. For example, a foreigner who
holds a residence permit as being self-
investor visa may apply for a permanent
residence permit after three years.
highly qualified foreigners, particularly
for those who graduated from university.
In contrast to several other residence
titles, foreigners who meet the precondi-
tions are entitled to be granted the Blue
Card. The authorities involved have no
further discretion.
with the general requirements for the
granting of a residence title, an EU Blue
Card will be issued if the applicant can
show that he is highly qualified, i.e.,
he has a German university degree,
one which was awarded by a foreign
university and is accepted in Germany or
a university degree which is comparable
to a German degree. In certain cases,
it might suffice to show professional
experience of at least five years.
In addition, the applicant must
submit an employment contract or a
binding employment offer in which a