Legal Advisory for Executives and Skilled Workers

Coming to Germany — Residence Routes

EU Blue Card (§ 18g AufenthG): For qualifying academic professionals and certain other eligible applicants with a qualifying employment offer and the applicable annual salary threshold. EU Blue Card holders may qualify for a settlement permit after 27 months of qualifying employment and pension contributions with German-language skills at level A1; with German at level B1, the period is reduced to 21 months. Further detail is on our EU Blue Card page.

Skilled worker visa (§§ 18a, 18b AufenthG): For vocational (§ 18a) or academic (§ 18b) qualifications. Regulated professions additionally require the relevant professional recognition or licence. A recognition partnership under § 16d may permit qualifying employment while the formal recognition procedure continues, provided the statutory employer, qualification, language and agreement requirements are met. Further detail is on our skilled worker visa page.

ICT Card (§ 19 AufenthG): A temporary route for qualifying intra-corporate transfers of managers, specialists and trainee employees. The maximum duration is generally three years for managers and specialists and one year for trainee employees. Further detail is on our ICT Card page.

Opportunity Card (§ 20a AufenthG): A job-search residence permit, available either on the basis of a qualification recognised in Germany or through the statutory points system. Further detail is on our Opportunity Card page.

Employment Contracts — What to Review Before Signing

An employment contract in Germany may contain terms that differ materially from other jurisdictions. Key clauses to review: notice periods (§ 622 BGB statutory minimums and contractual extensions); probationary arrangements, including the statutory two-week notice period available during an agreed probationary period of no more than six months under § 622(3) BGB; non-compete clauses — a post-contractual non-compete without any promise of compensation is generally void; insufficient compensation or excessive scope may instead make the restriction non-binding in whole or in part; a valid restriction requires at least 50% of the employee’s most recent contractual remuneration and benefits and may not exceed two years; garden leave provisions; variable remuneration and bonus structures; and working-time arrangements. Further detail is on our employment contracts page.

When the Employment Relationship Ends

A Kündigungsschutzklage must be filed within three weeks of receiving a written dismissal. The three-week deadline applies regardless of whether severance negotiations are ongoing. Where KSchG protection applies, the dismissal must be socially justified. A termination agreement (Aufhebungsvertrag) may offer a negotiated exit with severance, but carries Sperrzeit risk under § 159 SGB III if agreed without an important reason (wichtiger Grund). A separate Ruhen of unemployment benefits under § 158 SGB III may also arise where employment ends before the applicable employer notice period and a severance payment is made. Further detail is on our termination protection page, termination agreement page and severance pay page.

Building Long-Term Status

Qualifying skilled workers may generally obtain a settlement permit after three years under § 18c(1), including at least 36 months of qualifying pension contributions. Graduates of German higher education or vocational training may qualify after two years and 24 months of contributions if the additional statutory requirements are met. Where no special route applies, the general five-year pathway under § 9 may be relevant.

Naturalisation is legally separate from the settlement-permit process. A settlement permit is not invariably required; the applicant must hold a residence status that qualifies under the Citizenship Act and meet the other statutory conditions. Under the current law, naturalisation generally requires five years of lawful habitual residence. German law now generally permits multiple citizenship; whether the applicant may retain an existing nationality also depends on the law of the other country. Further detail is on our settlement permit page and German citizenship page.

Non-EU Executives in Managing Director Roles

A managing-director appointment does not by itself create immigration rights. The correct residence route — § 21 for shareholder-directors with genuine entrepreneurial control, § 19c for employed managing directors, or an ICT Card for temporary intra-corporate assignments — must be assessed before operational work begins. Further detail is on our managing director residence permit page.

Advice by Alexander Kagan, Attorney at Law, admitted to the Hanseatic Bar Association Hamburg.

The contents of this page are for general information only and do not constitute legal advice. A mandate is established only upon express acceptance.