Residence Permit

For researchers from non-EU countries, in general there are two different residence permits:

§ 20 AufenthG

Since February 22nd, 2010, researchers from non-EU countries at JGU who have a valid hosting agreement for the implementation a reseach project may apply for a residence permit pursuant to § 20 AufenthG.

The benefits accorded by § 20 AufenthG are:

  • freedom of movement within the European Union.
  • facilitated reunification of spouses:
    • Researchers' spouses are not required to demonstrate any German language skills if the marriage existed at the time that the researcher took up residence in Germany.
    • Researchers' spouses have the right to take up employment. In this case, the German Federal Employment Agency must grant appropriate permission and will ensure that the person is not being employed under less favorable conditions than a comparable German employee. It is not necessary to check whether other employees might have a right of privileged access to the relevant job market.

PhD students who are writing their dissertations as part of a research project for which a hosting agreement has been made with a research organization are covered by the provisions of the Researcher Directive and may be entitled to a residence permit pursuant to § 20 AufenthG.

A full scholarship holder may also be granted a residence permit for researchers pursuant to § 20 AufenthG, provided that she/he is in possession of the stipulated minimum funds required for subsistence.

Requirements:
  • The foreigner having entered with the necessary research visa, and having provided the relevant information required for issuing the residence permit as part of the visa application.
  • The researcher€™s livelihood being ensured, e.g. salary, scholarship or savings.
  • The researcher€™s identity and nationality being clarified.
  • The passport obligation being met.
  • There being no grounds for expulsion or prohibition of entry.

§ 18 AufenthG

Researchers from non-EU countries who intend to stay in Germany for more than three month are able to obtain a residence permit of gainful employment pursuant to § 18 AufenthG (German Residence Act) in conjunction with § 5 Beschaeftigungsverordnung (German Employment Act) if § 20 AufenthG cannot be obtained or is not desired.

Requirements:
  • The foreigner having entered with the necessary research visa, and having provided the relevant information required for issuing the residence permit as part of the visa application,
  • The researchers livelihood being ensured, i.e. the researcher is in monthly funds of at least 735 Euro (according to BAföG maximum rate. For more information click here). Those funds may be composed of income, scholarship or savings. The Foreigners Registration Authority can demand higher monthly funds in case the lease or accommodation costs more than 60 percent of the minimum account.
  • The researchers identity and nationality being clarified,
  • The passport obligation being met,
  • There being no grounds for expulsion or prohibition of entry.