Friday, August 1, 2008

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little freedom of movement for non-EU citizens

Similar to Union citizens and non-EU citizens who are already five years with a residence permit Germany staying benefit of the intra-European movement.

Who wears as a non-EU citizens permanent residence in the EC can, in almost all other EU Member States (except in Great Britain, Ireland and Denmark) facilitated conditions settle (improvement of intra-European mobility).

In the case of a planned activity every Member State may check whether the labor market allows the employment of the alien. Before a further move to another EU member state must therefore examined whether, under the law of the state of professional conduct will be allowed in individual cases.

When can I apply for permanent residence in the EC?

The granting of permanent residence in the EC is governed by § 9a of the Residence.

After a foreigner is a permit for permanent residence in the EC under Article 2 b of Directive 2003/109/EC shall be granted if

first it for five years residence in the Federal territory,

second his livelihood and that of his relatives, whom he has to pay maintenance

, by fixed and regular income is secured,

third he has sufficient knowledge of German,

4th he has basic knowledge of the laws and social system and life circumstances in Germany,

5th reasons of public safety or order, taking into account the seriousness or the nature of the breach of public security or order or by foreigners to the hazard of the duration of the existing residence and to the existence of links in Germany do not oppose and

6th he of adequate housing for himself and has his family with him in community living family members.

Should I apply for permanent residence in the EC or a business permit?

Both are qualified residence permit according to § 10 Nationality Act so that both residence permits, if desired, can be applied for naturalization.

should be planned to work in other European countries, it is advisable to apply for permanent residence in the EC. But this can also subsequently, sent with already existing business permit, .

Will I get faster with a permanent residence or settlement permit-EC?

The conditions for granting permanent residence in the EC are related to the settlement permit. Most-especially students-it is easier to get a permanent residence in the EC as a national settlement permit (Permanent residence), as must be proven for the duration of residence in the EC than 60 mandatory pension contributions.

What is out of the intra-European mobility nor the advantage of permanent residence in the EC?

void a settlement permit if the alien from one of his nature, not temporary basis emigrating (§ 51 I No. 6 Residence Act) or if the alien left the country is and not entered within six months or a place designated by the immigration authorities again extended period (§ 51 I No. 7 of the Residence Act).

The duration of residence in the EC goes the other hand, only if the foreigner is staying for a period of twelve consecutive months outside of the area in which the legal status of the long term residents be purchased ( territory of EU Member States except United Kingdom, Ireland and Denmark) (§ 51 Residence Act IX No. 3) or for a period of six years outside the Federal territory (§ 51 Residence Act IX No. 4).

can move my family even if I have a permanent residence in the EC and move to another European country?

people applying in the first Member State as family members of long-term residents have the right to accompany the long-term residents in the second Member State or to join. If the family was not in the first Member State was, the Directive 2003/86/EC (family reunification) application. The family members, spouse and minor children generally receive then the holder of the permanent residence in the EC paid employment. The second Member State may deny a long-term residents or their family members to stay only if the person concerned constitutes a threat to public order, public security or public health.