Nicole Eggert, Attorney at law Immigration law

Citizenship

German citizenship law has many facets. My clients usually need my services with regard to one or more of the following issues:

• naturalisation,
• German citizenship based on descent,
• research on German descent,
• Determination of German citizenship,
• German citizenship based on birth or adoption,
• the requirement to choose between citizenships (dual citizenship),
• applying for dual citizenship,
• loss of German citizenship,
• permission to retain German citizenship, and
• renunciation of German citizenship.

I will be happy to provide legal advice, irrespective of why and under what circumstances you wish to acquire or relinquish German citizenship. I will fully assist you in filing the necessary applications, and I will also provide my services in respect of proceedings under immigration law that are conducted before public authorities or the courts.

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Labour migration

The ability of foreign workers to successfully immigrate to Germany for short-term or long-term employment depends on a number of factors. The following play a decisive role in choosing the right strategy for obtaining the necessary residence permit, including the work permit (EU Blue Card, ICT Card, staff exchange, etc.):

• the legal arrangements underpinning the employment relationship,
• the planned duration of the stay,
• the long-term objectives of employee and employer, and
• the occupational qualification of the employee, together with the type of employment sought in Germany.

The requirements of German immigration law must also be taken into account for other types of stay in Germany, amongst other things in connection with business trips, instruction courses, deployments offshore, or searching for employment.

I will be happy to support employers as well as private individuals in this respect, particularly if they wish to file an application for

• a residence permit for short-term and long-term work assignments (postings, business trips, employment in Germany, trainings),
• a residence permit in order to seek employment,
• a national visa or a Schengen visa, or
• work permit pre-approval from the German Federal Employment Office [Bundesagentur für Arbeit].

I additionally support clients in the following cases:

• the renewal of a residence permit,
• carrying out the fast-track procedure for skilled workers,
• the direct posting of an employee with a foreign nationality to a German customer,
• the employment of foreign students and interns,
• registering or deregistering a place of residence in Germany,
• the legal assessment and implementation of offshore deployments from the perspective of immigration law,
• the legal assessment and implementation of visa-free stays from the perspective of immigration law,
• where a residence title application was rejected: in such cases we will file a protest against the decision (Remonstration), or bring legal action to challenge it, or
• if communication with the German authorities is required, particularly in cases where they fail to act.

I support self-employed persons, in particular if they wish to apply for a residence permit in order

• to work in a self-employed capacity, or

to work as a freelancer.

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Educational migration

A German education is recognised both within and outside Europe, and is comparatively easy to finance, which is why studying in Germany or getting a vocational education there is an attractive option for many people. However, a number of requirements must be met before a residence permit is granted that enables one to study or pursue vocational education in Germany.

The degree course and university chosen, or the regulated profession and educational establishment chosen, must meet a number of requirements in order for an application for this type of residence permit to be successful; only if these requirements are met may a residence permit for education or study purposes be granted under German immigration law. The same applies to a stay to complete a language course, an internship, or further training.

I will be happy to support you in applying for a residence permit if you are planning to do the following:

• take a degree course at a university, including preparatory measures for the course or school attendance,

or

• pursue vocational education and training,
• attend a course of further education and training,
• do an internship,
• attend a language course, or
• apply for official recognition of a qualification you obtained abroad (e.g. a degree or other credentials).

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Family reunification

In order to maintain family life, certain family members have the right to accompany dependants to Germany.

Applying for subsequent immigration of dependants (also called family reunification) is a task that carries great responsibility; this is also true from the perspective of immigration law. In addition to the general application requirements, one needs to check, where applicable, whether

• a marriage entered into in one’s native country will be recognised in Germany,
• certificates or documents will need to be legalised and translated,
• proof of parental responsibility or parental custody (Sorgerecht) needs to be provided, or knowledge of the German language needs to be proven.

Subsequent immigration of dependants to join a German national is very different from the subsequent immigration of dependants who want to join a foreign national. The category of persons that may apply for a residence permit within the scope of family reunification also differs depending on the applicable law.

I will be happy to relieve the pressure on my clients and their families by supporting them in their application for a residence permit in the following cases:

• subsequent immigration of spouses,
• subsequent immigration of a child,
• subsequent immigration of a parent to join a child,
• marriage,

or

• where certificates and documents need to be checked, legalised (also by the addition of an apostille), and translated.

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Freedom of movement within the EU

EU citizens enjoy the so-called right to freedom of movement (also called right to free movement). This makes it easy for them to settle and work in other EU countries. However, this depends on their actually being able to exercise the right to free movement, and, in case of doubt, being able to provide evidence of their entitlement. When people actually plan to exercise such a right, questions and uncertainties often arise.

Many people also know that simplified conditions and procedures apply to the subsequent immigration of family members of third-country nationals, and that the relevant German authorities in Germany and abroad have to process such cases preferentially. But many people also do not know what this exactly means.

The following issues crop up, for example:

• How do you exercise your right to free movement?
• When do you have to be able to prove that you have exercised your right to free movement?
• Does the German Federal Act on Registration (Bundesmeldegesetz) also apply to EU citizens?
• Which family members benefit from an EU citizen’s right to free movement, and do they require a visa to enter the country?

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Asylum law and refugee law

Anyone who has to flee their home country to escape persecution is, under certain conditions, entitled to asylum or refugee protection. The right to asylum is enshrined in Germany’s constitution, the Basic Law; the status as a refugee is enshrined in the Geneva Convention on Refugees.

The German Federal Office for Migration and Refugees, the competent authority, will examine whether there is a well-founded fear of the applicant being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion after an application has been submitted.

In cases where it is not possible to grant

• either refugee protection
• or the right to asylum

but where a threat of serious harm exists in the country of origin, it may still be possible to provide so-called subsidiary protection. If this route is also blocked, a ban on deportation might still be imposed if there is sufficient justification for this.

However, most people find it difficult enough to distinguish between refugee protection and the right to asylum. The fact that you have to apply the numerous legal provisions under immigration law correctly in each case does not make things any easier. In the event that an asylum seeker has applied for asylum in another EU country, Norway, Iceland, Liechtenstein, or Switzerland, thus triggering a so-called Dublin procedure, expert knowledge is indispensable so as not to lose track.

I will be happy to support clients in going through a

• Dublin procedure

and in applying for

• asylum,
• refugee protection,
• subsidiary protection, or
• a deportation ban

as well as in subsequently applying for a residence permit on humanitarian grounds.

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Schengen visa: family visits, business travel, and much more besides

It may be necessary to apply for a Schengen visa for short-term stays in Germany.

Anyone wishing to apply for a Schengen visa must be able to credibly demonstrate the purpose of their stay and their intention to return to their country of origin. Different types of proof are required for this, depending on the purpose of stay.

I will particularly provide support with applying for a Schengen visa for:

• Visiting family and friends,
• receiving medical treatment,
• travelling on business,
• tourist visits,
• taking up short-term employment, and

will also be able to assess the following possibilities:

• entry without a visa for a short-term stay, or
• working short-term without a work permit.

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Lawyer Nicole Eggert

Nicole Eggert practises as a lawyer in Hamburg. Since being admitted to the bar as a lawyer in spring 2019, she has worked as a lawyer specialising in the field of immigration law.

She represents clients throughout Germany and internationally on the following topics:

• Citizenship,
• labour immigration,
• educational migration,
• family reunification,
• freedom of movement within the EU
• asylum and refugee law and
• Schengen law.

Find out more about lawyer Nicole Eggert.