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What is migration law?
Migration law has increased in importance in recent years due to global political and economic events. It covers more than half of all administrative court proceedings. However, it is often not clear what rights and obligations migrants have due to the complicated legal situation. However, since these are always personal fates, it is important that everything is carried out legally correctly.
Under what circumstances is migration law relevant?
Migration law, previously known as immigration law, forms the basis for all concerns of foreigners in the Federal Republic of Germany. In particular, it covers the process of asylum procedures, legal questions regarding labor migration of companies and skilled workers, as well as the legal consequences of crimes, sham marriages or deportations.
Due to its extensive connections to other areas of law, particularly administrative and criminal law, migration law is of particular importance. It is characterized by constant and rapid changes in laws and administrative regulations. When assessing questions of migration law, not only German law, but also European Union law and the case law of the European Court of Justice must be increasingly taken into account.
Are you lost in the thicket of migration law? With our help you can keep track of things. We offer comprehensive advice on all matters relating to migration law and will also represent you in court if a dispute arises.
Which legal provisions are important in the area of migration law?
Migration law consists of a variety of aspects of different legal areas. Due to the individual life path of refugees and asylum seekers, the legal systems of other European countries often have to be taken into account, in particular the Dublin III Regulation. Even in German law, the situation is not necessarily clearer. In addition to Article 16a of the Basic Law (GG), the most important legal sources with regard to asylum law are the Residence Act (AufenthG) and the Asylum Act (AsylG). The Freedom of Movement Act of the European Union (FreizügG/EU) is also relevant for EU citizens. These legal sources contain a variety of regulations on the recognition of asylum seekers, the granting of a residence permit, so-called toleration and deportation. In addition, depending on the individual case, other administrative regulations and laws may also be relevant. Particularly in the area of toleration, the law on toleration in training and employment passed in 2020 should be mentioned, which enables long-term residence status through permanent toleration.
Labor migration as an opportunity
In addition, our law firm provides comprehensive advice on the legal aspects of skilled worker immigration. The immigration of skilled workers has become a relevant economic factor. Nevertheless, extensive language and regulatory obstacles make the path difficult for everyone involved. Only through comprehensive legal advice can private individuals and companies be better prepared to overcome the challenges of skilled immigration and successfully represent their concerns before the authorities.
In order to obtain a work permit in Germany, the most important thing is obtaining a residence permit. In many cases, in addition to the German embassy in the home country, the Federal Employment Agency is also involved. In addition, many genuine documents with a certified translation are required.
We check the legality and prospects of success of various forms of residence permits for you: visa, residence permit, settlement permit, permit for permanent residence, as well as the EU Blue Card (Blue Card), a residence permit for university graduates. We help you with the recognition of professional qualifications acquired abroad. This also applies to the issuance of visas for study purposes, as well as regular work visas.
After overcoming all official obstacles, we also support companies in adapting employment contracts. In addition to the content of the work, it may make sense to produce a bilingual version (German and home language or German and English) and to determine which version is binding. For employees from a foreign country, many additional questions arise regarding the assumption of moving costs, home leave costs, return costs, rental or construction costs, costs for legal, tax and social advice, insurance cover for health, accident, BU and pensions -, household contents, liability and some other insurance, special regulations for probationary periods, early return or subsequent use. The points listed here are not exhaustive. To avoid potential for conflict, these points should be clarified in advance.
As a lawyer, I am at your side with my experience and expertise to support you in all legal matters relating to skilled immigration.
Are you a company looking for skilled workers? Do you want to work in Germany as a foreigner?
From criminal law to EU institutions
The possible connections to other areas of law are as numerous as the standards to be applied. While asylum law is mainly in the area of constitutional and general administrative law, there are major overlaps with this, especially against the background of the Dublin procedure European law. The right of residence is often also linked to criminal law. Especially in such situations, it is advisable to quickly seek advice from a lawyer negative effects to be able to avoid any ongoing asylum procedures.
The number of parties and institutions involved can be just as extensive as the legal basis for asylum and residence law. In addition to the administrative authorities, a large number of other public bodies at the local level can quickly become involved, as can the police. In addition to the administration, private associations or initiatives can also be involved in the asylum process.
Are you fighting your way through the jungle of authorities? We do not leave you alone. With us your rights at your side.
Our areas of activity within the framework of asylum and residence law
As a lawyer, I am at your side with my experience and expertise to support you in all legal matters relating to skilled immigration.
You don't want to leave your relatives without support? Don't hesitate to call. We will provide you with information about the various options for family immigration.
Family reunification – what happens to your loved ones?
Our legal advice relates to all relevant questions and problems of asylum and residence law. First, we clarify which law applies in each disputed case. In this way, obstacles that would only slow down and complicate the processes can be removed at an early stage.
Our support particularly concerns questions:
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around the issuance and extension of visas
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when complying with or violating ID requirements
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the issuance or extension of various residence permits
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when exempting from the requirement of a residence permit
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to issue a permanent residence permit
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of naturalization
The aim is to develop the right solution for you. We represent your interests professionally and emphatically. Our greatest attention, particularly in this area of law, is to protecting and safeguarding the interests of our clients. As a law firm, we have a wealth of experience in the area of migration law and also follow current changes.
Goal: Germany as an attractive place to work and live
Faster and less bureaucratic. These are the requirements of the new law for the further development of skilled worker immigration. In the future, the existing hurdles will be removed and the earning limit for the blue card will be lowered. This is intended to increase Germany's attractiveness as a place to work and live.
Anyone who can demonstrate two years of professional experience and a degree in their home country can come to Germany as a skilled worker. Also new is an opportunity card with a points system.
Because Germany needs skilled workers: The Federal Ministry of the Interior and Community assumes that there will be 1.98 million skilled workers by 2022 were missing. Added to this are digitalization, demographic change and climate change. These factors mean that certain industries will need significantly more skilled workers in the future. The shortage can already be seen in nursing professions, the IT industry and childcare.
There will be three ways to immigrate skilled workers to Germany in the future:
1. Qualification:
The EU Blue Card is intended to guarantee skilled workers access to Germany in the future. It is based on a European directive and is addressed to academics.
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For skilled workers, the salary threshold is lowered, the duration of professional experience is shortened and proof of German language skills is waived.
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In addition, the choice of career is no longer as limited as before: anyone who has a degree can do any qualified job.
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In addition, studying in Germany should become more attractive: thresholds for part-time employment will be lowered.
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In the future, family reunification for skilled workers with a residence permit will also be made easier.
2. Experience:
Another pillar is experience: Anyone who has at least two years of professional experience and a professional qualification acquired abroad and recognized there can come to Germany as a skilled worker.
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The qualification no longer has to be recognized in Germany. This shortens bureaucratic paths and speeds up the process.
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A salary threshold ensures that these skilled workers have good prospects on the labor market in the long term.
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If the necessary salary threshold is not reached, the professional qualification must also be recognized.
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There is the possibility of a recognition partnership between employees and employers so that the recognition process does not delay the start of work.
3. Potential
The so-called opportunity card is being introduced for people who do not yet have a concrete job offer but have potential for the job market.
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The opportunity card is based on a points system.
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The criteria include qualifications, knowledge of German and English, professional experience, connection to Germany, age and potential of the partner or spouse.
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An extension of the opportunity card is planned for up to two years. To do this, the foreign worker must have an employment contract or a binding job offer for qualified domestic employment. In addition, the Federal Employment Agency must agree.
Are you planning to immigrate to Germany? Do you already have a qualified professional qualification? As a law firm for migration law, we help you with all legal hurdles.
Further reduction of hurdles
The hurdles for immigration for skilled workers from third countries will also be reduced.
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The Western Balkans regulation should be made permanent and the quota should be doubled.
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This means that more nationals from the six Western Balkan states of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia are allowed to immigrate to Germany.
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They can enter Germany for any job without having to prove professional qualifications.
Sectors with particularly high demand
IT specialists, who are particularly in demand nationwide, can already come to Germany without a recognized qualification.
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The salary threshold and the length of necessary professional experience will be reduced.
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In the future, IT specialists will no longer have to prove their knowledge of German.
The new Skilled Immigration Act brings many possibilities and opportunities for employers in Germany and qualified specialists from abroad. However, many companies are unsure about how to deal with foreign workers, because without a legally secure residence permit, hiring a skilled worker is not worthwhile. In addition, language and cultural barriers create new hurdles.
As lawyers for migration law, we advise companies and interested specialists in order to create a legally secure employment relationship. We check all the necessary documents for you and submit the necessary applications to the authorities.
Our activities comply with current case law
The legal area of migration law is very diverse and requires extensive knowledge of current case law. New cases are constantly being heard in the courts. The Higher Administrative Court (OVG) in Bautzen recently decided that a family from Georgia that already has roots here cannot be deported for the time being. At least two of the children who attend German schools are entitled to toleration. The court therefore obliged the Free State of Saxony to bring the family back.
The Berlin Administrative Court (VG) also made a decision in an urgent case. The court determined that Afghan local workers must be accepted in Germany. If their lives are in constant danger, the German authorities have no discretion.
With our support you can benefit from the current jurisprudence in migration law.
Our services for you
As a law firm for migration law, we offer comprehensive advice and representation on all relevant issues. Since administrative law is constantly subject to new regulations, reforms and current rulings, it can quickly become confusing and dynamic. With our advice you are on the safe legal side. Our services cover the following areas:
- Right of residence
- Visa issuance
- Extension of residence permits
- Changing residence permits
- Unlimited residence permit
- naturalization
- Family reunification
- Complaints to the administrative court
- Labor immigration
- Immigration of skilled workers
- Recognition of professional qualifications
- Visa for study purposes
- Blue Card
- Work visas
I would be happy to work for you on the following migration law issues:
Frequently asked questions (FAQ)
Migration law includes the legal provisions and regulations related to immigration, residence and integration of people in a country. It includes questions of entry, residence status, work permits, family reunification and other relevant aspects in the context of migration. Our team offers comprehensive advice and support on all aspects of migration law to ensure individual needs and legal requirements are met.
You can claim the right to asylum if you are entitled to asylum or are politically persecuted. This can be assumed if you are persecuted or threatened with life and limb when you return to your home country because of your race, nationality, political beliefs, religious views or membership of a social group.
The reasons for an asylum application are set out in Article 16a of the Basic Law (GG). What is crucial is that you can be justified in being persecuted or threatened with life and limb because of your race, nationality, political beliefs, religious views or membership of a social group.
An asylum application will be rejected if another member state of the European Union (EU) is responsible as a third country in accordance with the Dublin procedure. If the check shows that you have intentionally provided false information, deceived or that you are no longer being persecuted, the application will also be rejected.
If you are a refugee and are in a reception facility, you will then be given an appointment at the Federal Office for Migration and Refugees (BAMF), where you can submit an asylum application. If you came to Germany by other means, you can also go to any BAMF branch.
If you enjoy asylum as an asylum seeker, you also have the right to family reunification. You can bring the nuclear family with you upon request if you can prove that you have sufficient accommodation and care options. In individual cases and depending on the degree of relationship, further requirements may arise.
With a permanent residence you are allowed to stay and work or settle permanently. You have a right to this if you have lived legally in Germany for at least 5 years without long interruptions, have a secure means of subsistence, have enough contributions to pension insurance and have knowledge of German.
The term labor migration refers to migration for the purpose of employment. Depending on the type of employment, different European Union (EU) guidelines apply. A distinction must be made in particular between seasonal work, exchange programs and intra-company transfers.
If your visa or residence permit has expired or your asylum application has expired, you must leave the country. If you do not comply with your obligation to leave the country voluntarily if you are forcibly deported. Even if you have committed a criminal offense, you are threatened with deportation.
If you have received a deportation notice, you can provide personal reasons (such as family ties) or health reasons (e.g. illness) in order to obtain toleration. You can also legally defend yourself against deportation by filing a lawsuit against it in an administrative court.
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