（德国之声中文网）今年8月1日起，德国正式开始实施联邦法案于不久前通过的"关于高素质人才引进条例"，即所谓的"蓝卡"法案，以此来吸引欧盟 国家以外的高技术人才，为国外人才提供就业岗位的同时也解决了德国专业人才短缺的问题。通过这种蓝卡，欧盟以外的高技术人才可以更快地获得居留许可并在德 国工作。
政策惠及国外高技术人才以及在德留学生
该政策规定，国外的高技术人才可在德国享有限期半年的找工作签证，并且如果能证明在德国有年薪44800欧以上（特殊情况可降到35000欧）的 工作即可获得"蓝卡"，凭此可在德国居留四年，而通常情况下拿到"蓝卡"后的两到三年内即可获得永久居留证。此外，其配偶也可享有同等居留权，并且对其德 语语言水平不作要求。
除了针对国外专业人才以外，该政策对在德国的外国留学生也提供了不少优惠，例如在读留学生打工的时限由原来的一年90天增加到了120天，留学生在毕业后留德找工作的签证时间由原来的12个月放宽到18个月，并且在找工作期间不限打工时限等。
德国急需专业人才
政策有利于外国留学生
至于此项法案是否真正切实地惠及留学生，大多数接受德国之声中文网采访的留学生表示，对此项新政策只是稍有听闻，并没有深入了解。而对一些即将毕业，并打算留在德国工作的中国留学生来说，这首先无疑是一个好消息。
一位正在德国盖莫斯海姆上学的刘姓同学表示："我觉得新的政策总体来说还是对外国留学生有利的，比如增加了打工时间，延长了找工作的时限等。我认 识挺多中国留学生，就是因为毕业后没有在规定的时间内找到工作，所以被迫回国了。如果时间能再长一点，他们找到的希望可能会大一些。"
然而，针对该项政策今后是否能如期实施，她也有一丝疑虑："放宽政策后符合资格的人数可能大增，所以到时候不知道具体实施起来是否和预期的一样好。 "
同样给出积极评价的还有一位来自图宾根的留学生，他表示："虽然还没有从此项政策中获益，但是我认为这项政策很好，除去对留学生个人发展的好处之 外，还能为德国的经济发展提供更多高质量的劳动力；同时，来自国外的竞争可以促使德国本土的学生更加努力的提高自己的能力。"
不同专业之间差别大
而另一位在欧洲学习欧洲文化的中国学生William则认为，此项政策究竟是否会给留学生带来便利还是个未知数，他表示："总体看来大环境对留学 生是有利的，但是对于个人还有不同专业来说，我个人觉得不好说。有的专业可能受惠更大一些，例如德国紧缺的专业人才，而其他专业可能没有影响。"面对繁琐 的手续问题，即将毕业找工作的他希望德国的大学以及相关部门能够及时跟进，提高办公的效率，或者能给个别遇到问题的留学生提供该方面的咨询帮助。
来德求学的中国学生越来越多
当然，对于大多数在德国的中国留学生来说，他们最感兴趣的还是留学前的审核手续以及留学期间或留学结束后的居留许可程序的变化问题。
对法案的建议
一位来自中国南方某大学的访问学者对此项法案也提出了一些建议，他表示："其实这是一个留学生管理规定，针对的是已经在德国的留学生，对于想申请 来德国留学的学生和学者而言，此项政策没有在实际上提供给他们多大的帮助。应该在如何吸引学生到德国留学这方面多做一些事情。"
此外，就该政策的具体实施情况，德国不同地区情况不同。德国之声总部所在城市波恩外事处的负责人宾德塞尔（Dieter Bindseil）表示，目前波恩方面还未开始发放所谓的"蓝卡"，他本人也无法给出具体的发放日期。
http://boxun.com/news/gb/intl/2012/09/201209050417.shtml
EU Blue Card
The EU Blue Card Germany is a residence permit , so a proof ( documentary - ) over the legal residence of a national of a third State in an EU Member State for the purpose of employment. The Blue Card is therefore intended for members of non- EU countries. For members of EU states there is freedom of movement in terms of their stay.
The EU Directive on the Blue Card gets part of German law in Germany at 1. August 2012 by the Act to implement the highly qualified Directive of the European Union . In particular the Residence Act was modified. The most important paragraph is section 19a of the german Residence Act - EU Blue Card.
Who can apply for an EU Blue Card?
For an EU Blue Card Germany can apply a foreigner, who is a national of a non-EU country, if he has
a) either a German or a recognized foreign or a German university degree equivalent foreign degree and
b) a contract of employment with a gross annual salary of at least € 44,800 (3733 € per month) or in so-called shortage occupations (scientists, mathematicians, engineers, doctors and IT professionals)with an annual salary of at least € 34,944 (2912 € per month).
FAQ
Answers to the most important issues for the EU Blue Card.
Does the foreigner has to apply for the EU Blue Card prior to entry?
Yes, the entry into Germany is governed by the general entry requirements. After this for members of most third countries the application for the EU Blue Card has to be made before traveling to Germany. Responsibility lies with the relevant German mission abroad (embassy).
How long does an EU Blue Card is valid?
The EU Blue Card is issued initially for a maximum of four years. If the employment relationship will exist for less than four years,so the EU Blue Card is limited for the duration of the contract is awarded, plus three months. It can be renewed or it is granted a permanent residence permit.
When can the owner of an EU Blue Card obtain a right to permanent residence in Germany?
Foreigners who have an EU Blue Card may apply after 33 months for a permanent residence permit. If they may have a knowledge of German at the level B1 they can apply after 21 months for a permanent residence permit, § 19a (6) Residence Act.
Can the Blue Card is lost for an extended stay outside the EU?
EU Blue Card holder may stay up to twelve months outside the EU without loosing the right of residence in Germany or the EU.
May holders of a Blue Card migrate further in another EU country?
EU Blue Card owners have to stay18 months in Germany. Then they have the right to immigrate to another EU country.
Does the residence time with a Blue Card in other EU countries counts towards permanent residence?
If the foreigner is residing with an EU Blue Card already in other EU Member States, these include sojourn times for the receipt of a permanent right of residence in Germany.
During the resettlement within the EU do have visa procedures to be carried out ?
Will foreigners continue to migrate within the EU, in almost all EU countries, no visa is required. The application may be made at the new home-country. In Germany, the request must be made within one month of arrival in Germany.
Is a priority examination performed? Are members of the German labor market treated privileged ?
Priority check means that it is checked whether German workers are eligible for the occupation in the workplace. Such a priority check is not used when the content limits are reached. However, there will be a review of working conditions. If a salary of at least € 34,944, there will be a priority test for non-shortage occupations, so that an EU Blue Card can be issued.
Can family members of Blue Card holders work in Germany without restriction?
Family members of holders of an EU Blue Card shall work without restriction in Germany.
Do spouses must have a German language knowledge before entering?
The subsequent immigraton of spouses does not depend of the proof of German language skills or other integration measures. Even basic knowledge of German is not necessary for the spouse.
Implementation of European Union directive for Highly skilled foreigners into German law
Basis of the EU Blue Card is a directive of the European Union , Directive 2009/50/EC on the Blue Card . The EU Blue Card is granted for the purpose of highly qualified third- country nationals staying in the EU. So a skills shortage can be counteracted.
The listing rules of the individual EU member states remain unaffected by the EU directive. It does not regulate the influx of third country nationals who enjoy protection under international obligations, staying for a research stay in the European Union, who enter under the family reunification or who cannot be deported.
The holders of the EU Blue Card will receive the same pay as citizens of the Union in a similar position . An equality in terms of claims for vocational training or income support is not mandatory, but should be sought.
The Blue Card is limited . The validity period is one to four years. The format is uniform within the content of the EU and in accordance with Regulation (EC) 1030 /2002.
http://www.bluecard-eu.de/eu-blue-card-germany/
How to Apply for Permanent Residence in Germany & Basic Requirements to Qualify for work parmit
As of the 1 January 2005 introduction of the new German Immigration Act,
foreigners need only obtain a German residence permit, which gives them
the right to work, rather than separate residence and work permits.
Citizens of the US, Australia, Canada, Israel, Japan, New Zealand, and
Switzerland may apply for their residence and work permit while
remaining in Germany as visitors. Citizens of these countries, however,
are not allowed to work in Germany until after their work and residence
permit application is approved.
Citizens of most other countries are required to apply for and
obtain a residence and work permit prior to entering Germany at their
German consulate.
The procedure as of 1 January 2005 is as follows:
Stage 1: The residence permit application (which also provides access to the labour market) for the candidate is received by the German embassy in the country where the candidate lives.
Stage 2: The Embassy passes the application to the immigration office (the Auslaenderbehoerde) in the place where the job is to take place for initial approval. The immigration office, in cooperation with the local employment office (the Arbeitsamt) that issues the permission, makes its decision.
Stage 3: If the candidate's application has been approved, the Embassy provides an entry visa to the candidate.
Stage 4: Upon arriving in Germany, the foreign national and any accompanying family members must apply for their work and residence permits at the local foreigners authority.
To qualify as for a German work permit, the basic requirements for the employee and the German company are as follows:
The procedure as of 1 January 2005 is as follows:
Stage 1: The residence permit application (which also provides access to the labour market) for the candidate is received by the German embassy in the country where the candidate lives.
Stage 2: The Embassy passes the application to the immigration office (the Auslaenderbehoerde) in the place where the job is to take place for initial approval. The immigration office, in cooperation with the local employment office (the Arbeitsamt) that issues the permission, makes its decision.
Stage 3: If the candidate's application has been approved, the Embassy provides an entry visa to the candidate.
Stage 4: Upon arriving in Germany, the foreign national and any accompanying family members must apply for their work and residence permits at the local foreigners authority.
To qualify as for a German work permit, the basic requirements for the employee and the German company are as follows:
- The potential employee has to be employed on equal terms as a German employee.
- German or other European nationals are not available to fill the position.
- Usually the employee must have a university degree comparable qualification. For some positions there are special requirements.
- The German company must be registered at the Labor Authorities in Germany and apply for a Corporate Registration Number.
http://migrationpk.blogspot.co.nz/2010/08/how-to-apply-for-permanent-residence-in.html
Naturalisation by entitlement
An individual who fulfils all of the following criteria has an entitlement to naturalise as a German citizen:[4]
- he/she has been ordinarily resident in Germany for at least 8 years (this period can be reduced - see below)
- he/she has legal capacity or a legal representative
- confirms his/her present and past commitment to the free democratic constitutional system enshrined in the German Basic Law (or that he is presently committed to such principles and has departed from former support of ideas contrary to such principles)
- he/she is a European Union or Swiss citizen in possession of the appropriate residence permit which permits the free movement of persons, or he/she is a non-EU/Swiss citizen who has been granted a permanent right of residence
- he/she is able to support himself/herself without recourse to benefits
- he/she has not been sentenced for an unlawful act and is not subject to any court order imposing a measure of reform and prevention
- he/she possesses an adequate knowledge of German
- possesses knowledge of the legal system, the society and living conditions in the Federal Republic of Germany
An individual who does not have legal capacity is entitled to naturalise as a German citizen merely through ordinary residence in Germany for at least 8 years - he/she does not have to fulfil the other criteria (e.g. adequate command of the German language and ability to be self-supporting without recourse to benefits).
Applicants for naturalisation are normally expected to prove they have renounced their existing nationality, or will lose this automatically upon naturalisation. An exception applies to those unable to give up their nationality easily (such as refugees). A further exception applies to citizens of Switzerland and the European Union member states.
An individual who is entitled to naturalise as a German citizen can also apply for his/her spouse and minor children to be naturalised at the same time (his/her spouse and minor children need not have ordinarily resided in Germany for at least 8 years).
Exceptions to the normal residence requirements include:
- persons who have completed an integration course may have the residence requirement reduced to 7 years
- If a person shows that he/she is especially well integrated and has a higher level of command of the German language than the basic requirement for the German citizenship may have the residence requirement reduced to 6 years
- The spouse of a German citizen may be naturalised after 3 years of continual residency in Germany. The marriage must have persisted for at least 2 years.
- refugees and stateless persons may be able to apply after 6 years of continual residency
- former German citizens
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