Hiring foreigners with a chance card: Is that possible?

In times of demographic change and an increasingly acute shortage of skilled workers, companies face a formidable challenge. The search for qualified personnel often stalls due to bureaucratic hurdles or the simple fact that potential candidates are stuck abroad, while lengthy visa procedures delay hiring. However, with the introduction of the Opportunity Card, legislators have created a tool that could fundamentally change the dynamics of the German labor market. As a law firm specializing in immigration law, we observe that many employers are still hesitant to fully utilize this tool, even though the Opportunity Card offers unprecedented flexibility for identifying talent directly in Germany and retaining them long-term.

Legal classification of the opportunity card according to § 20a of the Residence Act

The legal basis for this instrument is Section 20a of the German Residence Act (AufenthG). It is important to understand that the Opportunity Card is primarily a residence permit for skilled workers from third countries to search for employment or to participate in measures for the recognition of foreign professional qualifications. It is generally issued for a period of up to one year. We repeatedly emphasize to our clients that this is explicitly not a classic work visa, such as the EU Blue Card or the skilled worker visa. Nevertheless, it opens up a valuable avenue for companies to recruit qualified individuals who are already physically present in Germany without the usual hurdles of an international visa application process.

The advantages for employers: Getting to know each other without risk

The key advantage of the Opportunity Card lies in its " low-threshold entry ." For you as an employer , this means you can fill open positions with qualified Opportunity Card holders by utilizing the legally established options for part-time and trial employment. The part-time employment regulation is particularly attractive: Cardholders are permitted to work up to 20 hours per week part-time . This gives you the opportunity to assess the professional suitability and cultural integration of the skilled worker in the daily work environment while they are still in the orientation phase. It's a win-win situation where both sides can test the viability of a collaboration without the immediate commitment of a full-time position.

Trial employment as a bridge to permanent employment

In addition to the 20-hour rule, the law offers the possibility of a two-week trial employment period . However, this must be closely related to the intended qualified work. We advise companies that this phase should be precisely documented. The work must either aim at qualified vocational training or be suitable for completion as part of a recognition program under Section 16d of the German Residence Act (AufenthG) . It is important to note that regular full-time employment under the sole status of an "opportunity card" is expressly prohibited. The card serves to initiate, not to facilitate, employment.

The crucial step: switching to a residence permit for employment purposes

Once a decision has been made to establish a long-term partnership, action must be taken. Since the Opportunity Card is not a permanent residence permit for full-time employment, a change of status is mandatory for regular subsequent employment . This process should be initiated early to avoid vacancies. As a first step, you must offer the skilled worker a concrete job offer and complete the so-called " Declaration of Employment ." We recommend carefully reviewing the individual requirements for permits such as the EU Blue Card or the Skilled Worker Visa, as salary and qualification requirements can vary.

The role of authorities and strategic planning

The change of residence permit takes place within Germany at the responsible immigration office . This saves the skilled worker from having to leave the country and go through the visa application process again in their home country, resulting in a significant time saving. However, the approval of the Federal Employment Agency is still legally required in many cases. We advise our clients to encourage their skilled workers to request appointments with the immigration office well in advance . Strategic support from a specialized law firm can help ensure that all necessary documents – from qualification certificates to salary thresholds – are prepared thoroughly, guaranteeing a seamless transition from temporary work to permanent employment.

Conclusion of our law firm

The opportunity card is far more than just a search visa; it's a strategic tool for modern recruiting. It allows companies to get to know skilled workers from third countries "on-site," test their skills on a part-time basis or during a trial period, and, if suitable, directly transition them into permanent employment. Those who understand the legal framework of Section 20a of the German Residence Act (AufenthG) and the requirements for the subsequent change of residence permit can gain a clear advantage in the competition for top talent.