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Facilitated granting of permanent residence permit for highly qualified

the VG Stuttgart, with its decision of 11.08.2006 , Az 17 K 2196/05 authorities restrictive practice in relation to the granting of a settlement permit (permanent residence) offered to highly qualified halt.

After § 19 Residence Highly qualified particular

(1) scientists with special technical knowledge,

(2) teachers in key positions or scientific personnel in prominent positions or

(3) specialists and executive personnel with special professional experience, a salary of at least twice the earnings ceiling of the statutory health insurance obtained. (For the year 2007 this means an income of 85 500 €)

Under § 19 Residence, highly qualified foreigners directly for a settlement permit ( permanent resident status) were obtained. Usually requires the worker to five years in the possession of a foreigner residence permit for employment be before he can apply under § 9 of the Residence a permanent residence permit. Initially, the residence usually one-year period and linked to the activity for a specific company. With the end of an activity for this company is also then lost the permit. If not available immediately after a new job offer exists, the alien must leave Germany and apply from their home country from a new residence permit. This situation poses a major uncertainty in planning and making Germany for highly qualified third country nationals compared to other Western industrialized nations do not necessarily attractive.

The Court has made clear with the above-quoted decision, that the increased public interest in creating high-skilled foreign accounting system. The legislature followed with § 19 AufenthG the purpose of improving the position of Germany in the "war for talent"

an income, which does not move in the context cited above, may also not against the granting a residence permit to speak, as the requirements of § 19 II Residence do not have to coexist. § 19 II No. 3 Residence aims obviously refer to employees in the private sector. To obtain a settlement permit for highly qualified sufficient in respect of income a secure livelihood, which may be already covered with a payment according to BAT IIa.

prerequisite for granting a residence permit, however, the existence of a "special case" is. This is a fully verifiable by the court discretion indefinite term. A particular case requires a finding of special circumstances. This means that already in the normal case of the need for a highly skilled work force a settlement permit comes into consideration, but only in special circumstances or in particular individual cases, for example, in a particularly long vacancy of the office, the lack of replacement staff, or the reliance of a company to fill the post are to be accepted.