In general, your spouse has an unlimited right to work if you have been living in a legal marriage in Germany for at least two years.
5. Stay for the purpose of study. In what cases can you obtain a residence permit for the purpose of study?
A residence permit for the purpose of study may be issued to you in the following cases:
a) for study at a state or state-recognized higher education institution;
b) for applying for admission to a higher education institution;
c) for participation in a language course;
d) in exceptional cases also for attending school.
If you have been issued a residence permit for the purpose of applying for admission to a higher education institution, this residence permit also includes measures to prepare for study, i.e., a language course, a preparatory course for study at a university (Studienkolleg), and other similar measures.
There is also the possibility of staying in Germany for the purpose of vocational training and further education. However, obtaining a permit in this case generally requires the consent of the Federal Employment Agency (Bundesagentur fur Arbeit), except in cases where vocational training and further education are permitted without the consent of the Federal Employment Agency. This issue may also be regulated within the framework of an interstate agreement.
A residence permit for the purpose of study is issued at the discretion of administrative bodies, i.e., you do not have a right to obtain it. The residence permit is issued for a maximum of two years and is then extended each time for a further two years if it is expected that the purpose of study can be achieved within a reasonable period of time.
A residence permit for the purpose of study generally gives you the right to take up employment that in total must not exceed 90 days or 180 days for part-time work. You are also permitted to perform student jobs compatible with your studies. This right is indicated in your residence permit.
Is it possible, with a residence permit for the purpose of study, to obtain permanent residence?
Persons holding a residence permit for the purpose of study do not have the right to obtain permanent residence. Stay for the purpose of study is by its meaning and purpose only temporary. Therefore, persons who have been issued a residence permit for the purpose of study do not receive permanent residence even after the expiration of a five-year period.
Is there a possibility to stay after completion of studies?
In contrast to the requirements of the former law "On the Status of Foreign Citizens," after completing your studies you are now not obliged to leave Germany. The new law provides the opportunity to extend your residence permit for the purpose of study for one more year so that you can look for a job in Germany.
The condition for extending your residence permit is the successful completion of your studies. If you find a job that corresponds to your qualifications and can be taken up by foreigners, you may be issued a residence permit for the purpose of employment.
Can I obtain a residence permit for another purpose during my studies?
During a stay with a permit issued for the purpose of education, you generally—i.e., in the absence of exceptional reasons—cannot be issued or have extended a residence permit for any other purpose. However, you will be issued a residence permit for another purpose if you have a legal right to it. For example, if you are entitled to a residence permit for family reasons.
6. Stay for the purpose of employment.
Employment means any self-employed activity and any occupation, i.e., work for hire. Work for hire is any work in which you follow the instructions of another person or are bound to the organizational structure of the person giving you instructions. In general, the following rule applies: if you are a worker or employee, you are working for hire.
Under what conditions can you obtain a status permitting a stay for the purpose of employment for hire?
As a rule, you can obtain a residence permit under the following conditions:
a) the employment you wish to take up requires qualified professional training, and you possess this professional qualification;
b) you are offered a specific job;
c) the issuance of a residence permit is provided for by law for your professional group;
d) the Federal Employment Agency will permit you to take up employment.
In most cases, the Federal Employment Agency issues its consent only if there are no job applicants with priority rights (above all Germans, EU citizens, as well as citizens of Iceland, Liechtenstein, and Norway (member states of the European Economic Area)). In addition, the Federal Employment Agency checks whether the employment of foreigners has negative consequences for the labor market. The issuance of a permit also requires that the foreign worker not be in less favorable conditions than a German worker employed in the same activity.
As an exception, you can obtain a residence permit for the purpose of paid employment without the consent of the Federal Employment Agency if, in accordance with the law, obtaining this consent is not required for your employment. This applies in particular to activities from which no negative consequences for the labor market are expected, since these are jobs of an individual nature that cannot be performed by other employees. This category includes, for example, foreign scientists, artists and professional athletes playing in teams of the federal sports league.
As an exception, a residence permit may also be issued at the discretion of administrative authorities to persons of a professional group whose employment is not established by law. In this case, however, the foreigner's employment must serve public, in particular regional and economic interests, or have a positive effect on the labor market.
To be continued.
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