Video: The opportunity card
Introduction – what is the ‘opportunity card’?
The ‘opportunity card’ is special kind of residence permit in Germany. It allows skilled professionals to come to Germany in order to find a job.
The German labor market is currently experiencing a general shortage of qualified professionals. In response to this issue, the German government has implemented measures to facilitate the immigration of individuals with specific skillsets and qualifications.
One of the key measures is the introduction of the opportunity card. The opportunity card allows individuals from non-EU member states to come to Germany for the purpose of seeking employment.
Previously, foreign nationals were required to secure a job offer before they could immigrate to Germany for work. Under that system, they would obtain an employment contract or an offer of employment from abroad, which would then be used to apply for a visa and a residence permit. This option remains available.
However, the traditional process can present difficulties for both job seekers located outside of Germany and for employers who wish to hire someone who is not physically present in the country. To address this challenge, the German legislature introduced the opportunity card. It is primarily intended for foreign nationals residing in non-EU member states. EU citizens do not require an opportunity card due to the principle of freedom of movement within the EU.
For which purpose can the opportunity card be issued?
The opportunity card grants a temporary residence permit to its holder. This permit can be issued for two distinct purposes:
- To seek employment.
- To obtain recognition of a qualification acquired abroad.
Seeking employment
Finding a job from abroad can be challenging. The opportunity card addresses this challenge by giving job seekers a possibility to find a job ‘on the ground’; they can establish a network, attend job fairs, go to job interviews etc.
Recognition of qualifications obtained abraod
An opportunity card can also be issued to have a foreign degree or qualification recognised in Germany.
Many professions in Germany are regulated by law and require a specific qualification or training. For example, a specific degree is legally mandated to work as a doctor. In other professions, while not legally required, employers may still prefer candidates who have undergone formal training or hold a specific degree.
When a candidate has studied or received training abroad, it can be challenging to determine the exact nature of their acquired knowledge and skills. For this reason, a formal process exists to have a foreign degree or training recognized in Germany.
This process involves the competent German authority confirming that a foreign qualification is equivalent to a specific German qualification. This does not imply that the foreign education is of a lesser quality. Rather, it acknowledges that the name of a degree or the required curriculum for a profession can differ significantly between countries. The recognition process aims to establish a common understanding of qualifications for all parties involved.
In practice, the process of obtaining qualification recognition can be complex. The responsible authorities may vary depending on the type of degree, and additional questions or documents may be requested. Dealing with these matters is often easier when the applicant is physically present in Germany. Recognizing this problem, the German government established a residence permit specifically for the purpose of having qualifications recognized.
Who is eligible for an opportunity card?
Only specific groups of individuals can obtain an opportunity card.
The underlying objective of the opportunity card is to attract qualified employees to the German labor market. Consequently, only individuals who possess a specific set of skills are eligible to receive an opportunity card.
The relevant law categorizes applicants into two groups:
- Skilled workers or skilled professionals.
- Individuals who are not considered skilled workers or skilled professionals.
Skilled workers as defined by law
The first category consists of skilled workers. The residence permit can be issued to these individuals without additional checks on their qualifications. The term “skilled professional” is legally defined in the law governing the residence of foreign nationals in Germany.
Under this legal definition, an individual is considered a skilled worker if they:
- Have completed vocational training in Germany, or vocational training abroad that is recognized as equivalent to a German qualification.
- Hold a higher education qualification obtained in Germany, or an equivalent qualification recognized by German authorities.
The key factor is possessing a qualification that was either obtained in Germany or is officially recognized by German authorities as equivalent to a German qualification.
Relevant German authorities maintain databases that determine which foreign qualifications are equivalent to specific German ones. German embassies and consulates abroad consult these databases when deciding whether to issue a visa. Individuals who meet these requirements and have a higher education or vocational qualification that is equivalent to a German one are eligible for an opportunity card. In these cases, the German authorities do not conduct any further checks on their qualifications.
Individuals with specific skills
The second category includes individuals who do not meet the definition of a skilled worker. They can still obtain an opportunity card, provided they fulfill certain requirements.
A clarification on terminology is important here. The term “non-skilled worker” may sound negative, but it is not intended to imply a lack of skills. In fact, specific skills are required for this category. The term “skilled worker” is a legally defined term in German law. Therefore, “non-skilled workers” refers to individuals who do not fall under this specific legal category.
Non-skilled workers can obtain an opportunity card if they meet specific qualification requirements. The German legislature has implemented a points-based system for this purpose. Non-skilled workers can receive an opportunity card if they achieve a minimum of six points under this system.
Points are awarded for various factors, including qualifications obtained abroad. Even if an education is not deemed equivalent to a German qualification, the type of education and the qualification itself are still important. Other factors include German language skills, English language skills at a C1 level, work experience, age, and previous connections to Germany, such as having worked as an au-pair or having studied in the country. An opportunity card can be issued to an applicant who reaches the required number of points.
General requirements for a residence permit
It is crucial to note that these are only the specific requirements for the opportunity card itself. In addition, applicants for the opportunity card must satisfy the general conditions that apply to all individuals seeking a residence status in Germany. The most important general condition is the ability to financially support oneself.
In Germany, social benefits are available for individuals who are unable to pay for their own living expenses due to illness or other circumstances. The purpose of these benefits is to ensure that no one is forced to live without shelter or go hungry. However, the German state seeks to prevent individuals from immigrating and immediately becoming dependent on such benefits.
Therefore, individuals who seek a permit to live in Germany for a specific period must demonstrate that they can cover their own living expenses. This includes providing proof of sufficient funds and health insurance. At present, sufficient funds for a single person are considered to be €1,091 per month.
If all requirements are met, an opportunity card can be issued for a period of up to one year. This provides the cardholder with one year to find a job or to obtain recognition for their qualification. Under certain circumstances, this period may be extended for an additional two years.