Everything you need to know about the Opportunity Card: Answers from an expert in migration law

The introduction of the Opportunity Card has opened up a new path to Germany for international skilled workers. However, many applicants find it difficult to navigate this path:

What should you do if the embassy does not respond to your application? Why are applications from Afghanistan and Iran so difficult? And how can employers best support applicants with an Opportunity Card?

These and other questions are answered by lawyer and specialist in migration law Björn Maibaum, managing director of Maibaum Rechtsanwalts GmbH.

Good afternoon, Mr Maibaum, thank you very much for your time! You have been practising migration law for over 20 years. What motivated you to look into the relatively new Opportunity Card?

I like the perspective that the legislator is making possible with the opportunity card. It is a tool for giving qualified people who are interested in Germany low-threshold access to the German labour market. This enables us to attract urgently needed workers for the German economy.

What makes the Opportunity Card more accessible than alternative visas?

The big difference between the Opportunity Card and all other residence permits for skilled worker immigration is that a concrete job offer does not have to be proven before entry. With the Opportunity Card, candidates no longer need such an offer.

Is the procedure for obtaining the Opportunity Card really that “low-threshold”?

There is still room for improvement in the design of clear regulations in connection with the Opportunity Card: for example, it is still unclear whether there is a right to family reunification. The administrative regulations grant consulates discretion in this regard, but the online portal does not provide for applications at all. Checking whether a qualification is recognised by the state in the country of origin also requires the cumbersome involvement of another German authority, the ZAB.

It is also unclear whether a residence permit to seek employment after completing training in Germany can be granted in order to extend the search period: this possibility is not excluded by the law and administrative regulations, but is sometimes questioned by the authorities.

Unfortunately, the local immigration authorities often still lack sufficient expertise on the opportunity card.

The consulates insist on applications being submitted via the online portal. A preliminary check is then carried out, with results that are sometimes difficult to understand. In some cases, this is followed by an informal discontinuation of the procedure with a request to submit a new application. It would be desirable here to have a rejection that is subject to appeal and could be reviewed by the courts.

What are some common misconceptions about the Opportunity Card that you often encounter?

There is a widespread misconception that it always depends on the points catalogue. The truth is that the Opportunity Card is issued to anyone with a qualification recognised by the Federal Government as a skilled worker, regardless of the points catalogue. Although recognised skilled workers must also be able to support themselves, German language skills are not required.

Mistakes also occur when people are legally allowed to enter the country without a visa, but then discover that the Opportunity Card can only be applied for from abroad at a German consulate.

Are there countries of origin from which it is currently particularly difficult to obtain an opportunity card?

It is currently not possible to apply from certain countries of origin, such as Iran or Afghanistan. In some cases, there are waiting lists, for example at the German Embassy in Indonesia.

Another problem for many applicants is the long waiting time at some embassies. What do you advise applicants to do if the embassy does not respond? Can applicants also file an action for failure to act?

Unfortunately, cooperation with the consulates is often difficult, and applications are processed slowly. If there is no response after three months, a so-called action for failure to act can be filed with the Berlin Administrative Court.

The aim of this is to force a decision. Even though most applicants understandably shy away from this, it is often a matter of planning their future, which is why clarification should be a top priority. No one will hold your legal proceedings against you in any way after you enter Germany; just consider it an introduction to the German mentality. Everyone in Germany has the right to assert their rights – in court if necessary.

How do you find working with the authorities in Germany?

Unfortunately, there is still a lot of education needed, and we are working daily to show the authorities the importance of the Opportunity Card.

The opportunity card is new territory not only for authorities, but also for employers. Do you have any advice for employers who hire people with an opportunity card on a part-time or trial basis?

Employers should definitely pay attention to the time limits for employment or trial work and compliance with the minimum wage. A copy of the opportunity card must be kept by the employer in electronic or paper form for the duration of the employment. The follow-up Opportunity Card must be applied for at the Foreigners’ Registration Office in good time before the expiry of the Search Opportunity Card. It should be noted that there are regular waiting times at the Foreigners’ Registration Office and that other – qualified – employment is only possible at the earliest after applying for the electronic residence permit at the Foreigners’ Registration Office.

The assignment should also be planned well in advance, because the extension of the opportunity card requires qualified employment that goes beyond the simple employment permitted with the search opportunity card.

How can employers support applicants with an Opportunity Card?

Employers can support applicants by making binding job offers as early as the visa process to facilitate financing. In addition, we can be involved as experts to avoid waiting times and to advise on prospects. Many applicants also receive support from employers in finding accommodation.

What is your impression, Mr Maibaum? Will the opportunity card be a real pillar of skilled labour recruitment in Germany in the long term?

I am convinced that with the Opportunity Card, legislators are on the right track towards a modern and competitive system for recruiting skilled workers – in addition to the individual recruiting activities of companies. It is still necessary to clarify the legal framework and speed up the process. Despite the difficulties mentioned, I see great potential in the Opportunity Card.

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