Rechtspflege im materiellen Sinn ist die Anwendung des Rechts auf den Einzelfall durch den Staat bzw. durch seine Organe der Rechtspflege (Behörden).
Rechtspflege im formellen Sinn ist der Sammelbegriff für sämtliche von den Gerichten und von weiteren Organen der Rechtspflege wahrgenommenen Aufgaben und Angelegenheiten.
Rechtspflege ist im weiteren Sinne Sorge für einen geordneten Ablauf der Rechtsbeziehungen zwischen den natürlichen und juristischen (Gleichstellung) Personen in der jeweiligen Amtssprache.
Ein geordneter Ablauf setzt die Selbstbindung, in einem Verfahren der Rechtspflege, der Teilnehmer voraus.
Neben der Rechtspflege in der jeweiligen Amtssprache (geschriebene Wort) existiert das Gewohnheitsrecht, als ungeschriebenes Recht, das nicht durch Gesetzgebung zustande kommt, sondern auf lange andauernde Anwendung von Normen, Rechtsvorstellungen und Regeln beruht, die die Beteiligten im Rechtsverkehr als verbindlich akzeptieren.
Typische Beispiele sind da Handelsbräuche, Jedermannsrecht, Vereinsrecht (begrenzter Anwenderkreis) und sonstige nicht explizit in Gesetzestexten geregelte Sachverhalte.
Verhältnis zum Gesetzesrecht
Gewohnheitsrecht ist in vielen Rechtsordnungen als eigenständige Rechtsquelle neben dem formellen Gesetz anerkannt, entfaltet also gleiche Bindungswirkung.
Geltung als Rechtsquelle
In der bundesdeutschen Rechtsordnung/ Rechtsprechung sind gewohnheitsrechtlich begründete Bräuche, Normen, Regeln und Verkehrssitten grundsätzlich anerkannt, obwohl es in der Verfassung an ein adäquates Bindungspostulat für Gewohnheitsrecht mangelt.
Germany proudly stands among the most preferred countries where people like to move in. The reason why many of the immigrants choose Germany is their advanced education system, boosting the economy, and growing job opportunities. People belonging to different age groups from all across the globe desire to move to Germany. If you also wish to visit Germany, there are certain things that you need to know.
Here you will get all the information that you need to know about the Visa process if you wish to go to Germany. Firstly, for immigrating to Germany, the applicant must have a sound reason. There are many different conditions under which foreigners can plan a visit to Germany.
The major reasons for which people aspire to go to Germany include:
- Immigration for Job
- Immigration for Seeking Education
- Immigration for Business
- Family Visits
- German Residence Permit
Requirements for immigration to Germany
There are multiple ways of immigration to Germany. Each of these has different prerequisites, but there are some similar requirements as well. If you want to qualify for moving to Germany, you must meet the below-mentioned eligibility criteria.
For every purpose of immigration to Germany, there is a different minimum threshold regarding financial stability. Every candidate must meet the financial criteria to qualify for the visa. Besides, all the applicants must demonstrate that they have the capability to finance their stay in Germany. Even the candidates going on employment visa must have sufficient funds for covering the necessary expenses until they get the first salary.
You might be surprised to know that any applicant who does not have valid coverage by health insurance is not allowed to move to Germany. We suggest you take Health Insurance of Germany so that you can be sure that the German authorities will accept it.
If you want to live in Germany, you must have at least basic level proficiency in the German Language. If you know the language in which they communicate, it will be easy for you to live there. As per the Reference of languages’ European Framework, there are three different levels for measuring proficiency in a language each three comprise of two parts. These levels include:
A: A1/A2- It is the basic level
B: B1/B2- It refers to Proficiency in a language
C: C1/C2- This one indicates advanced skills in a language
If you want to move to Germany, you will have to take a language test, and you will be required to pass it up to A1 or B1. However, for those who wish to enjoy permanent residency in the country, a higher level proficiency of C2 or C1 is a must.
Acquire a German Visa
Citizens of many different nations need to acquire a visa prior to entering the country. Therefore, they must apply for it timely. Interestingly, individuals from a number of nations don’t require a visa permit for moving to Germany. Once they enter the country, they can simply apply to acquire a permit for a residence.
Types of Germany Visa
• Visitor/Tourist Visa
• Business Visa
• Study Visa
• Employment Visa
• Job Seeker Visa
• Guest Scientist Visa
• Training or internship Visa
Employers Immigration to Germany
It is reported that there is a shortage of highly qualified, experienced and skilled workers in Germany. The country is consistently looking for IT professionals, medical workers, engineers, scientists and experts in several other fields. For motivating such kind of people for immigration to Germany, the immigration authorities have made it easy to apply for a visa so that more and more skilled workers can move their and work.
Owing to the relaxed requirements, more and more people are trying to acquire a visa for entering Germany. Among different categories of visas to Germany, a prominent one is finding employment.
Following are the three simple steps involved in the process of applying for a visit to Germany for a job.
• Do some research and find a suitable job which allows the foreigners
• Apply for the Employment Visa to Germany
• Go to Germany and acquire Work Residence Permit
In addition, to obtain a residence permit for employment in Germany, both the employee and employer are required to establish that:
- The employee will be treated just like other German employees regarding salary, other perks, and work conditions.
- The company which is hiring the employees meets the prerequisites of Germany. ( certification and registration documents)
- The employee meets the eligibility criteria, has the desired work experience and education required for the job
- The job position could not be filled by a German or EU resident because of a shortage of competent employees.
If you successfully acquire an employment visa for Germany, you will be able to stay there and work for a period specified by your residence permit. However, if your permit is about to expire and your employer still needs you to continue your work in Germany, you can apply for a visa extension. Besides, after some time, you will also be able to apply for acquiring permanent residence.
Thus, the skilled workers have a great scope in Germany, but for the unskilled individuals, it will be challenging to immigrate via employment visa.
Immigration to Germany for Education
To your surprise, Germany offers free of cost education. Unlike many other developed countries who charge hefty tuition fee, the educational institutes in Germany either charge a little fee or provide free education. Because of this, many students from all over the world aspire to take admission in known universities in Germany. If you want to get a university-level degree from Germany, you must acquire a study visa first.
The applicants who successfully obtain the education visa for Germany can complete their degree, can stay there in Germany for finding a job for a particular time period. Those who find a job in the allowed time can stay in the country and work there. According to a report, more than 50 percent of the students who come to Germany for studies find a job there after completion of their degree.
Immigration to Germany for Entrepreneurs
Germany warmly welcomes the Entrepreneurs and investors who have the potential to develop economic and employment opportunities in the country. However, there is a minimum level of investment that every investor must meet in order to acquire a visa. Besides, the applicant will also have to apply for a self-employment visa. For obtaining the permit, the candidates will have to prove that:
• You have sufficient funds for the investment
• Your investment will boost the Economy of Germany
• Your investment will be valuable in Germany
The successful applicants who manage to maintain their status as entrepreneurs will be given infinite residence permit extensions after a period of three years. Thus, such entrepreneurs will have the freedom of entering and leaving the country whenever they want.
Immigration to Germany for Family Reunion
Many times people move to Germany for business, job or any other purpose and their spouse, partner, children or whole families are left behind in the native countries. All the under 16 children and spouses can apply for Germany Immigration to live with their parents or spouse.
For qualifying under this category, the spouse is required to prove marriage while the children must submit their birth certificates. Here it is important to mention that the under 16 children are not required to have proficient German language skills as they are expected to learn it quickly after moving to Germany. However, the children who are older than 16 years, it is essential to be proficient in the German language.
For the spouses, an A1 level of proficiency is needed to qualify for the visa. If the spouse present in Germany is already working there, the one who is joining will also be allowed to find employment.
Germany Residence Permit
When you get an immigration visa to Germany, a residence permit is also granted. It can either be permanent or temporary. Through temporary residence permit, the foreign nationals can stay in the country for a particular time period and come back to the native country after completion of allowed time. Besides, the applicants who get permanent residence permit can live in Germany for long. They can leave and return to Germany whenever they like. Remember that the permanent residence permit will not make you a German Citizen. That will include a whole long process. Generally speaking, Germany offers on the permanent residence permit and two temporary permits.
Standard Residence Permit
The standard residence permit is required for all immigration purposes. Along with the ones mentioned above, the former German residents who wish to come back to the country, those who want to complete training courses, and those who want to move to Germany for humanitarian or political reasons, the residence permit is needed. It allows the holders to stay in Germany for a particular period and it can also be extended when the expiry date is near.
European Union Blue Card
Such workers of the foreign nations who are not the citizens of any of the EU countries and have high qualifications and skills along with the desire to work in Germany can apply for obtaining EU Blue Card. The qualifications required are either an undergrad or graduation degree in any study field. To be eligible for an EU Blue Card, you must find a job in Germany first with an annual salary of at least 50,800 Euros.
The EU Blue Card holders are entitled to reside in Germany for up to 4 years. Besides, there is also a possibility of transforming your temporary residence permit into a permanent residence permit. To qualify for the permanent settlement, you must be proficient in German language, meet particular financial criteria and have past experience of working in Germany for over 33 months
The permanent residence permit of Germany is also termed as settlement permit. The individuals who previously had a standard residence permit or European Union Blue Card for a minimum of 5 years and meet particular language requirements can apply to obtain settlement permit.