Potential Pillar (Chance Card)

As of June 1, 2024, according to § 20a and § 20b AufenthG, the opportunity card for seeking employment or measures to recognize foreign professional qualifications will be introduced. With the adoption of the new regulations, your opportunities to find suitable employment in Germany or to become self-employed will be expanded and simplified.

Opportunity Card for Seeking Employment

Due to § 20a AufenthG, the opportunity card exists in two types:

1. Search Opportunity Card according to § 20a Abs. 5 Satz 1 AufenthG, which is issued for a period of up to 1 year, and
2. Follow-up Opportunity Card according to § 20a Abs. 5 Satz 2 AufenthG, which can be extended for up to an additional 2 years.

The opportunity card entitles you to engage in secondary employment for an average of no more than 20 hours per week. It is also allowed to take up a trial employment for a maximum of 2 weeks at a time. However, the trial employment must relate to a qualified occupation or training, or correspond to a measure for the recognition of foreign professional qualifications according to § 16d AufenthG.

Requirements for Issuing a Search Opportunity Card according to § 20a Abs. 3 AufenthG:

1. You can receive this residence permit if:
   • You are a skilled worker according to § 18 Abs. 3 Nr. 1 or 2 AufenthG. This means that you have a domestic professional qualification or an equivalent foreign professional qualification, or a German university degree or a fully recognized foreign academic degree in Germany, or
   • You achieve a sufficient score (at least 6 points) for the fulfillment of criteria according to § 20b Abs. 1 Satz 1 AufenthG. To qualify for the points system, you must also have a foreign professional or university degree that is state-recognized in the country where it was obtained. If you have a professional qualification, you must additionally provide evidence of at least 2 years of training. For the degree, you must apply for a certificate evaluation from the Central Office for Foreign Education (ZAB). The second requirement is language skills. You must demonstrate German language skills at least A1 level or English language skills at least B1 level (CEFR).
2. Complete financial security is a mandatory requirement. The financial security must be ensured during the validity period of the residence permit.

In principle, a Search Opportunity Card is issued for a period of up to 1 year, which can be reissued for another year if you stay abroad for at least as long as you stayed in Germany based on the opportunity card after the validity period of the last Search Opportunity Card expires (§ 20a Abs. 5 Satz 7 AufenthG).

Please note that you can apply for one of the existing residence permits at the responsible immigration office if you meet the respective requirements of the specific residence permit.

When will your Opportunity Card be extended as a Follow-up Opportunity Card?

An extension to the Follow-up Opportunity Card will only be approved if you do not meet the requirements for issuing another residence permit under Section 4 AufenthG (§ 20a Abs. 5 Satz 3 AufenthG).

According to § 20a Abs. 5 Satz 2 to 5, you have the possibility to extend your Search Opportunity Card for up to 2 years as a Follow-up Opportunity Card. The following requirements apply:

1. An application for the extension must be submitted to the responsible immigration office during the validity of your Search Opportunity Card.
2. You have an employment contract or a binding job offer for a qualified position in Germany.
3. The Federal Employment Agency gives its approval.

You may only engage in an activity that is oriented towards your future employment.

Overview of the Points System for the Opportunity Card

The points system is only relevant to you if you are not a skilled worker within the meaning of § 18 Abs. 3 Nr. 1 or 2 AufenthG. In other words, you do not have a German professional or university degree, or your foreign degree is not fully recognized.

The minimum score to be collected is 6 points.

The respective score will be awarded to you according to § 20b AufenthG in conjunction with the table, which is an annex to the Residence Act. It is important to note that you need appropriate proof for each criterion.

The points system:

• Points are awarded for work experience, degrees, language skills in German or English, age, and spouse privileges.
• The minimum score is 6 points,
• The maximum score is 15 points. According to § 20b Abs. 1 Satz 1 Nr. 8 AufenthG, the foreigner receives points if, after obtaining a foreign professional qualification (according to § 20a Abs. 4 Satz 3 Nr. 1 Buchst. c AufenthG), they have a foreign professional qualification from a foreign chamber of commerce and belong to one of the occupational groups mentioned in § 18g Abs. 1 Satz 2 Nr. 1 AufenthG in a shortage occupation specified there. This is rewarded with one point.

Our law firm Jaberi Lawyers, based in Hamburg, specializes in this field and offers comprehensive advice and support in applying for the opportunity card, in priority checks, and in all other migration and labor law issues. With our expertise, we represent both employers and employees and guide you through the entire process. For more information or to make an appointment, you can contact us at 040 41349987 or visit our website jaberilawyers.com. There you will also find details about our opening hours and other services offered.
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