Opportunity map after visa-free entry (§ 41 AufenthV): Is that possible?

For citizens of privileged countries, Section 41 of the German Residence Ordinance (AufenthV) has for years allowed them to enter Germany visa-free and apply for numerous residence permits directly within the country . This procedure also applied for a long time to the former job-seeker visa, which has since been replaced by the "Opportunity Card ." While the job-seeker visa could be easily applied for at the immigration office after visa-free entry, the legislature deliberately created new hurdles with the introduction of the Opportunity Card.

The crucial difference lies in Section 20a Paragraph 4 Sentence 2 of the German Residence Act (AufenthG ). This section explicitly stipulates that an opportunity card may only be issued within Germany if the applicant already holds a residence permit under Section 3 ( educational migration ) or Section 4 ( employment migration ) of the Residence Act (" A foreigner already residing in Germany may only be issued an opportunity card if they hold a residence permit under Section 3 or Section 4 "). Mere visa-free entry is therefore insufficient for its issuance. Visa-free entry alone no longer allows for the application for an opportunity card directly within Germany. Unlike previously, the residence permit for job seeking cannot be applied for immediately upon arrival in Germany.

Anyone entering Germany without a visa and hoping to obtain an Opportunity Card in the future must first apply for a different residence permit that can be issued domestically. Residence permits for education- or qualification-related stays, such as a language course (§ 16f AufenthG) , are particularly suitable. Only after such a residence permit has been granted can it be converted into an Opportunity Card in a second step. This process is more complex and time-consuming than the previous procedure for the Job Seeker Visa, which is why it is often more practical to apply for the Opportunity Card directly abroad .