Academic professionals, Section 18b Residence Act
All information on academic skilled worker immigration to Germany
Here you learn ...
what the difference is between § 18b AufenthG and the EU Blue Card
all requirements for academic skilled worker immigration
when you need Anabin recognition or a certificate evaluation
when special pension provision is necessary for skilled workers
Author
Attorney
Reading Time
9 minutes
Release Date
January 2, 2025
Table of Content
1. General information on Section 18b of the Residence Act
2. Definition of skilled worker
2.1 Legal entitlement to a residence permit if the requirements are met
2.2 What is meant by a specialist in residence law?
2.3 What is considered qualified employment for skilled workers?
2.4 Qualification context
3. Requirements Section 18b Residence Act
3.1 Specific job offer
3.2 Approval of the Federal Employment Agency (BA)
3.3 Permission to practice a profession in regulated professions
3.4 Recognition of foreign qualifications
3.5 Securing retirement provision for skilled workers aged 45 and over
4. General requirements for academic professionals
5. FAQ Academic Skilled Immigration
1. General information on Section 18b of the Residence Act
Academic skilled worker immigration pursuant to Section 18b of the Residence Act opens the way to Germany for highly qualified professionals from abroad. The prerequisite is a recognized or equivalent university degree. Recognition can be obtained through the Anabin database or through a certificate assessment by the ZAB .
In contrast to the Blue Card (Section 18g of the Residence Act), “normal” skilled worker immigration pursuant to Section 18b of the Residence Act is particularly relevant in the following cases:
If the skilled worker's salary is insufficient for a Blue Card, Section 18b of the Residence Act may be granted.
There is no "qualification link" (i.e., the connection between education and employment). Section 18b of the Residence Act can also be granted in these cases, since, unlike the Blue Card, Section 18b of the Residence Act does not require a qualification link.
There are grounds for refusal of the EU Blue Card that do not apply to Section 18b of the Residence Act (e.g. in the case of previous holder of Section 24 of the Residence Act (Ukraine)).
In practice, the first and second cases are particularly relevant. In particular, the granting of a residence permit to academic professionals with a salary that is insufficient for an EU Blue Card is comparatively common.
In this article you will learn under which conditions a residence permit for academic professionals can be issued in accordance with Section 18b of the Residence Act .
2. Definition of skilled worker
2.1 Legal entitlement to a residence permit if the requirements are met
Since the new regulations, there is no longer any discretionary power if all requirements are met – the immigration authorities or embassy must issue the residence permit in accordance with Section 18b of the Residence Act. A legal entitlement also exists for the EU Blue Card, provided the requirements are met. Highly qualified skilled workers also have the option of obtaining a settlement permit directly. However, for the relevant regulations to apply, the person must actually be a skilled worker.
2.2 What is meant by a specialist in residence law?
The term "skilled worker" is legally defined in Section 18, Paragraph 3 of the German Residence Act. The law defines a skilled worker primarily based on whether or not they hold a recognized qualification. The law distinguishes between skilled workers with vocational training and skilled workers with academic qualifications . Both groups are largely equal under the law and can obtain a residence permit for pursuing qualified employment. This is usually granted with the approval of the Federal Employment Agency (BA)—there is no priority check.
2.3 What is considered qualified employment for skilled workers?
Skilled workers may generally only perform qualified activities . Qualified employment requires that the activity requires knowledge, skills, or abilities acquired through a degree course or qualified vocational training (Section 2, Paragraph 12b of the Residence Act). Such vocational training is deemed to have been completed if it is state-recognized and lasts at least two years (Section 2, Paragraph 12a of the Residence Act). The decisive factor for granting a residence permit to skilled workers is always the existence of a specific employment relationship for qualified employment in Germany.
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2.4 Qualification context
Until now, it was necessary that there was a connection between the skilled worker's activity and their training (so-called qualification connection ). However, a legal change on November 18, 2023, loosened the link between qualifications and specific employment. Since then, skilled workers can take up any qualified employment , regardless of whether they work in a related professional field (e.g., a dentist may also work as an IT specialist (does not apply to the EU Blue Card)). Nevertheless, in extreme cases, the immigration authorities or foreign mission will check whether the intended activity still makes sense in relation to the qualifications (plausibility check).
3. Requirements Section 18b Residence Act
The granting of a residence permit to skilled workers from abroad is subject to specific legal requirements. In the case of academic specialists, these primarily arise from Sections 18b and 18g of the Residence Act in conjunction with Section 18 Paragraphs 1 to 3 and Section 39 Paragraphs 1 and 2 of the Residence Act. The legislature's goal is to specifically attract qualified specialists to the German labor market while simultaneously ensuring their integration into the social security system.
The following requirements apply for the application for a skilled worker title in accordance with Section 18b of the Residence Act:
3.1 Specific job offer
One of the key requirements for the granting of a skilled worker visa is a concrete job offer. This is confirmed by the employer's completed and signed "Employment Statement." This form contains all relevant information about the job, remuneration, and working conditions. In the case of Section 18b of the Residence Act, the salary must meet the minimum wage according to the wage atlas .
3.2 Approval of the Federal Employment Agency (BA)
Another essential requirement for the issuance of a residence permit under Section 18b of the Residence Act is the approval of the Federal Employment Agency (BA). It examines, in particular:
the remuneration,
the working conditions,
and whether privileged workers are available.
This consent is always required for visa applications under Section 18b of the Residence Act, unless there is an exception under the Employment Ordinance (BeschV). In the area of skilled academic immigration, an exception to the consent requirement exists only for the EU Blue Card .
3.3 Permission to practice a profession in regulated professions
For skilled workers who wish to work in regulated professions , the granting or assurance of a professional practice permit is a mandatory requirement. This ensures that the necessary qualifications are present and that the practice of the profession is permissible in Germany. We have written a dedicated VISAGUARD guide on applying for a professional practice permit for regulated professions.
3.4 Recognition of foreign qualifications
Recognition of foreign qualifications is particularly crucial for applications under Section 18b of the Residence Act. The foreign university degree must be formally recognized as equivalent to a German degree .
The assessment is conducted through the Anabin database. Only if this formal comparability is present will the qualification be recognized as sufficient for the German labor market. A separate VISAGUARD article is available for using the Anabin database .
3.5 Securing retirement provision for skilled workers aged 45 and over
A special requirement applies to skilled workers who have reached the age of 45 at the time of application or at the time of application for a residence permit. According to Section 18, Paragraph 2, No. 5 of the Residence Act, they must provide evidence of secure retirement provisions. This is done by:
a minimum salary of 55% of the annual contribution assessment ceiling in the statutory pension insurance scheme,
or by providing evidence of adequate retirement provision.
This regulation is intended to ensure that older skilled workers are also socially secure in the long term and will not be dependent on state support.
4. Further requirements for the immigration of skilled academics
If the specialist's qualification is recognized by Anabin (or a corresponding certificate evaluation has been conducted), a visa can usually be applied for, provided the other requirements for issuing the qualification are met. This applies in particular to the salary level and, for example, the passport requirement . We have published a separate VISAGUARD guide on the other requirements for an academic specialist qualification . If in doubt, one of our VISAGUARD lawyers can also advise you on this.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? We are happy to support you in residence procedures before embassies, immigration authorities and administrative courts.
Contact us to book a video call consultation with a German immigration lawyer!
VISAGUARD.Berlin Legal Services
5. FAQ
Is a language certificate required for the issuance of a residence permit pursuant to Section 18b of the Residence Act?
No, Section 18b of the Residence Act does not provide for a language requirement.
Is family reunification possible under Section 18b of the Residence Act?
Yes, family reunification is possible under Section 18b of the Residence Act.
Can naturalization take place directly under Section 18b of the Residence Act?
Yes, skilled workers with a residence permit according to Section 18b of the Residence Act can apply for direct naturalization.
How long is a title valid according to Section 18b of the Residence Act?
Residence permits pursuant to Section 18b of the Residence Act are generally issued for the duration of the employment relationship.
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Further Information
Apply for a residence permit for academic professionals in Berlin
Literature: BeckOK AuslR/Breidenbach, 42nd Ed. 1.4.2024, Residence Act, 18b
Literature: BeckOK MigR/Ewald/Werner, 19th Ed. 1.7.2024, AUfenthG, § 18b
Literature: Vorreuter, Academic Skilled Immigration: A Practical Guide, Berlin 2024 (Amazon.de)
