Employment of opportunity card holders
The opportunity card offers employers new opportunities when recruiting international skilled workers, since qualified applicants are already here in Germany. Find out how you can hire talented individuals in full compliance with the law.
Opportunity card: what applicants can do for your company
The opportunity card (Section 20a of the Residence Act [AufenthG] (External link) ) allows qualified skilled workers from third countries (outside the EU/EEA) to enter Germany to seek employment or measures for the recognition of their qualification. The opportunity card is initially issued as a job search opportunity card for up to 12 months in the form of a visa or residence permit.
To obtain a job search opportunity card, applicants from third countries must meet certain requirements in addition to securing their livelihood in Germany:
- “Skilled worker” option: German or recognised foreign qualification
The person is a skilled worker within the meaning of residence law. This means they hold a German academic degree or non-academic vocational qualification, or a foreign vocational or academic qualification that is recognised in Germany or comparable to a German qualification. These individuals can be employed as skilled workers. - “Points system” option: foreign qualification and language skills
The person holds a foreign academic degree or a foreign vocational qualification that took at least two years of vocational training to acquire (each state-recognised in the country of origin). Alternatively, a vocational qualification from a German Chamber of Commerce Abroad (AHK) in category A is also valid. This is a vocational training programme that meets the requirements of the Vocational Training Act (BBiG) in terms of content, duration and type. In addition, the person must demonstrate language skills (at least German A1 or English B2) as well as other criteria (such as professional experience or age) in a points system.
The opportunity card does not replace proof of qualifications
The opportunity card is not a certificate of a specific qualification or existing language skills. As an employer, you must assess these on a case-by-case basis. You can find more details on the requirements for the opportunity card on the subpage for skilled workers under “Job search opportunity card”.
How to hire opportunity card holders on a permanent basis
If you plan to employ holders of an opportunity card on a permanent basis or for more than 20 hours a week, they must switch to a residence permit for employment purposes. To make this switch, individuals holding an opportunity card require a concrete job offer from your company. With this offer, the application for the appropriate residence permit can then be submitted to the competent foreigners authority.
Depending on the type of employment, qualifications and salary level, various residence permits may be considered for long-term employment: if your applicant meets certain criteria, they may, for example, be eligible for the EU Blue Card. However, other residence permits, such as the residence permit for qualified professionals or the residence permit for professionally experienced workers, may also be on option.
Proof of a concrete job offer is mandatory for switching to a residence permit
Without a concrete job offer, the competent foreigners authority cannot issue a residence permit for permanent (full-time) employment. You can confirm a concrete job offer by filling in and signing the form “Declaration of Employment” (External link) . Please provide this declaration to your prospective employee to add to their application. A signed employment contract is not yet required at this stage.
Special case: opportunity card extension vs. job search opportunity card
If you plan to offer an opportunity card holder a permanent position – including those with more than 20 working hours per week – but none of the standard residence permits for employment are applicable, an opportunity card extension may be issued for a maximum of two years, subject to certain conditions.
Please note that an opportunity card extension cannot be issued for simple unskilled or semi-skilled work. It is intended exclusively for skilled employment, which generally requires a completed vocational qualification.
Example: Your new employee does not yet meet the requirement of two years’ professional experience necessary for a residence permit for professionally experienced workers. In this case, an opportunity card extension can initially be used to work and gain the necessary professional experience. Once the required professional experience can be demonstrated, it is possible to apply for the residence permit for professionally experienced workers.
Making flexible hiring arrangements: work experience, part-time work & training
You can also hire an opportunity card holder for a job trial, secondary employment or training purposes. Find out here which options are available to you.
Hiring opportunity card holders for a job trial
As an employer, you can initially employ opportunity card holders on a trial basis for the duration of their stay. Subsequently, permanent employment within the company is possible. This can be either part-time or full-time. The following legal requirements must be met, particularly regarding the duration of employment:
- Taking on job trial placements: Whilst looking for a job with a job search opportunity card, job trials of up to two weeks per employer are permitted. A job trial is permitted if it respects the following requirements:
- It prepares the individual for a skilled role;
- It is aimed at vocational training; or
- It is suitable for a qualification measure within the recognition procedure.
Please note that the legal assessment of a job trial is governed by general labour law provisions. If, for example, the work is carried out within the framework of an employment relationship under Section 611a of the German Civil Code (BGB), the corresponding obligations under labour law apply as with any regular employment relationship.
Remuneration for job trials: If you want to employ individuals with a job search opportunity card on a trial basis, there is an obligation to pay remuneration if an employment relationship exists. The usual social security regulations also apply in this context. However, an obligation to pay remuneration may also arise in other cases.
Hiring opportunity card holders in a secondary employment role
Individuals holding a job search opportunity card may take up secondary employment even without the consent of the Federal Employment Agency (BA). This option applies for as long as the job search opportunity card remains valid. As an employer, you may employ these individuals for up to 20 hours per week. This is an average figure: short-term deviations are permitted, provided the average weekly working hours are maintained. However, it also constitutes an overall upper limit that applies even if secondary employment is undertaken with multiple employers.
Hiring opportunity card holders for qualification measures
Individuals with a job search opportunity card are also entitled to seek measures for the recognition of foreign professional qualifications. These include both theoretical and practical measures. As an employer, you can specifically recruit these individuals for in-company qualification measures and secure their long-term commitment to your company at an early stage.
Opportunity card and subsequent recognition partnership
People holding a job search opportunity card may also switch to a recognition partnership if the relevant criteria are met. To do so, they must apply for a residence permit for a recognition partnership at the competent foreigners authority before the job search opportunity card expires.
Reasons why your company benefits from opportunity card holders
- Direct on-site contact: Applicants holding an opportunity card are often already in Germany, which makes it easier to establish contact and select suitable candidates. You can also get to know potential employees through job trials (up to 2 weeks) or part-time work (up to 20 hours per week) before offering them a long-term position.
- Simplified recruitment process: Opportunity card holders can apply for the residence permit required for the subsequent employment you are offering directly in Germany. This eliminates the usual entry procedure for skilled workers.
How to find opportunity card holders in a targeted manner
As an employer, there are various channels available to you for reaching holders of opportunity cards:
- Social media: Many people with an opportunity card use career networks and online platforms to get in touch with potential employers. By placing targeted job advertisements or reaching out directly, you can increase your reach and attract suitable skilled workers.
- Services offered by Welcome Centers: Numerous Welcome Centers for international skilled workers also support people who have come to Germany with an opportunity card. These centres also assist employers in making contact with suitable candidates and refer them. Contact the Welcome Centers in your region to benefit from their expertise and networks.
- Employer Service (AG-S) of the Federal Employment Agency (BA): The AG-S offers employers free support in finding suitable candidates. The AG-S also includes, amongst others, individuals holding a job search opportunity card who have previously actively approached the BA requesting assistance with their job search. Make use of this service to find qualified skilled workers quickly and efficiently.
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