The new Skilled Immigration Act is intended to make it easier for skilled workers and people with professional experience from abroad to immigrate to Germany. The Opportunity Card can help foreign applicants to find a job in Germany more quickly. To obtain the new Opportunity Card, applicants must meet the specified requirements, which you can read about here. At least six points must be achieved in the requirements points system in order to receive the Opportunity Card.
Applicants for the Opportunity Card in any case need to have sufficient financial resources and be able to provide proof of these. Possible proofs of funding are
- Blocked account (please find more information here)
- Secondary employment (up to 20 hours per week)
- Declaration of financial commitment by a sponsor
How does the declaration of commitment work?
The declaration of commitment is one way to ensure the financial security of foreigners during their stay in Germany. It is a central instrument in German immigration law, which helps to minimize the financial risks for the state. At the same time, legal stays by foreign applicants can be made possible more quickly with declaration of commitment from a sponsor. The document is applied for by a person who lives in Germany (= sponsor).
The declaration of commitment is generally used for family reunification, visitor visas or work and study visas. As part of the Opportunity Card, the declaration of commitment is now also intended to be a way for foreign applicants with professional experience to prove their financial means and, thus, enter Germany more easily. In the declaration of commitment, the sponsor vouches for the foreign applicant by covering the financial costs during their stay in Germany. This includes, for example, living expenses, accommodation and medical care for the foreign guest.
Step-by-step guide to the declaration of commitment
- The sponsor makes an appointment with the local immigration office
- Necessary documents must be submitted (please check with local immigration office)
- The creditworthiness of the sponsor is checked
- The declaration of commitment is issued
(The form for the declaration of commitment is available on the Internet or from the relevant immigration office) - The authority forwards the declaration of commitment to the consulate or embassy in the home country
What documents do I need for the declaration of commitment?
The sponsor needs the following documents to prepare a declaration of commitment:
- Proof of income (payslips for the last three months, possibly also bank statements)
- Tax assessment notice for the previous year
- Rental agreement or proof of ownership of the apartment
- Identity card or passport of the sponsor
- Possible evidence of additional assets or financial collateral or
other financial obligations - Proof that health insurance exists or will be taken out for the applicant
- Details of the applicant for an opportunity card, such as a copy of a valid passport and
precise information about the planned duration of the stay and the
exact reason for the stay. - Declaration by the guarantor (form, which can also be downloaded as a PDF file from the Internet)
The declaration of commitment can only be issued on site at the local immigration office. The office will then check the creditworthiness of the sponsor. In some cases, the immigration office may also request further documents from the applicant. IMPORTANT: If the sponsor’s creditworthiness is insufficient, the application for the declaration of commitment will be rejected. There is also a fee for issuing the document. The amount of the fee varies depending on the federal state. If all requirements for the declaration of commitment are met, the authority will forward it to the foreign embassy or consulate in the applicant’s home country for the Opportunity Card.
Who can submit a declaration of commitment?
Any person who is resident in Germany and has sufficient creditworthiness can submit a declaration of commitment to the relevant immigration authority. This may also include relatives or acquaintances of the applicant. In any case, the sponsor must prove that they can cover the costs of the foreign applicant. The sponsor’s obligation applies for the duration of the foreign applicant’s stay in Germany.
Am I eligible for the declaration of commitment from a sponsor?
From visit visas to long-term residence permits, the declaration of commitment plays an important role in German immigration law. It is regulated in the Residence Act (§ 66 to § 68 AufenthG) and in the Residence Ordinance (AufenthV). A declaration of commitment from a sponsor is not only suitable for applicants for the Opportunity Card, but also for other groups of people. These include
- Parents, spouse and children
A foreigner who already lives in Germany and has a valid residence permit can bring family members to Germany with the help of a declaration of commitment - International students who wish to study in Germany can sponsor their residence permit with a declaration of commitment.
- Employers
Companies wishing to hire foreign applicants can submit a declaration of commitment to expedite their entry into Germany. - Educational programs and exchange organizations
Schools and exchange organizations can submit declarations of commitment for exchange students and participants in educational programs.
Advantages of a declaration of commitment for the opportunity card
A declaration of commitment provides the competent authority with the legal certainty that the foreign applicant’s living expenses will be covered during their stay in Germany. This means that the state does not have to cover the applicant’s costs. This can speed up the process of obtaining a residence permit or visa. It also makes it easier for people from non-EU countries to enter Germany, who would otherwise find it more difficult to obtain a visa.
Further advantages for applicants are
- Secured livelihood in Germany through the sponsor
- Social support / contact point in Germany
- Faster possibility of finding a suitable job
Further advantages for applicants are
- Securing a residence permit for the applicant
- Strengthening social networks
- Easier recruitment of specialists for your own company
How long is a declaration of commitment valid?
Within the scope of the Opportunity Card, the declaration of commitment is valid for the entire period of stay of the foreign applicant. The stay for persons with professional experience from non-EU countries is limited to one year with the Opportunity Card. If permanent employment is found within this period, the residence permit can be converted into a regular work permit. However, a new application must be submitted for this.
Conclusion
A declaration of commitment makes it easier for foreign applicants from non-EU countries to prove their financial means. This is an important prerequisite for obtaining the opportunity card and being able to look for a suitable job in Germany. Sponsors can be potential employers as well as relatives or acquaintances. The sponsor must be financially responsible for the applicant’s entire period of stay and have their creditworthiness and other important documents checked by the relevant immigration authority. In the best case scenario, a letter of commitment from a sponsor can lead to a faster and long-term residence permit for the foreign applicant.
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