Parental reunification from March 2024 – when to apply for visa for skilled worker, better to wait?

Dear viewers, welcome to the channel of Sonnenberg Law Office from Düsseldorf!

With my last video, I introduced you to the requirements for parental reunification with foreign professionals.

Today I would like to go into more detail about the cut-off date regulation and whether or not I, as a professional, should now wait with my visa process to fall under the new regulation.

We remember: only foreigners who get a residence permit as a skilled worker for the FIRST TIME after 01 March 2024 may make use of the new provision. In my previous video, I explained whether the rule can also apply to foreigners who are already in Germany for another purpose.

For foreigners who are now abroad and soon want to apply for a visa to work as a professional in Germany, the question now arises:

Should I apply for a visa now, or better wait so I can join my parents if I want to? And what if my visa process is ongoing, better to stop it?

A brief explanation of the visa procedure: most foreigners must first apply for a so-called NATIONAL VISA for employment at the German embassy abroad. The visa is usually valid for three to six months.

With the visa, they can enter Germany, register residence, and then change a STAY PERMIT at the Foreigners’ Registration Office for employment as a skilled worker.

Does it now depend on the issuance of the visa or the residence permit for the cut-off date?

According to the wording of the law, this clearly refers to the issuance of the residence permit.

This means: you can apply for the visa now or continue the procedure, the procedure will take at least two months anyway. You can already enter the country before 01 March 2024 and also already work, because the visa already allows employment.

BUT you will not apply for a residence permit at the Foreigners’ Registration Office until March 2024 if the visa does not expire before then. If it does expire before then, you may want to apply for a FICTION CERTIFICATE first.

So what I want to make clear to you is:
1. you do not have to wait until March 2024 for the visa procedure. and
2. you have an influence on whether you fall under the new regulation or not.
because if you change your visa for employment as a skilled worker into a residence permit before 01 March 2024, you will not fall under the new regulation and you will not be able to bring your parents to Germany.
if you change your visa for employment as a professional from 01 March 2024 to a residence permit, you will fall under the new regulation, and you can get their parents
one more note: March 1, 2024 is the expected cut-off date. It may still be adjusted depending on when the law goes into effect.

What about foreigners who would be allowed to enter without a visa and can apply for a residence permit directly in Germany?

This possibility exists for certain nationalities, for example USA or Japan. Despite the privilege, they also have the possibility to apply for a visa at the German Embassy abroad.

With this, they can then already start working in Germany and thus apply for the residence permit later.

Will my waiting period for obtaining the settlement permit be extended by applying for the residence permit later? No, it is the date of entry with the visa that counts.

Dear viewers, thank you for tuning in. Please note that despite great care, we cannot guarantee the accuracy and completeness of the information.
This video is also not suitable to replace an individual consultation.

If you have any questions, please feel free to contact us. I would be pleased to welcome you here again soon, your lawyer Simon Sonnenberg