Higher Administrative Court (OVG) Bremen, Decision as of 10/19/2010
File number 1 B 215/10

Key issues

Administrative court proceedings denying an unlimited (in time) residence permit to a Chinese specialty cook claiming highly-qualified-person status; comments on the term "specialist" within the meaning of section 19 (2) no. 3 of the German Residence Act (AufenthG).


In a decision of the Higher Administrative Court, the court held that the plaintiff, a Chinese specialty cook, had no right to an unlimited (in time) residence permit as a highly qualified person pursuant to section 19 AufenthG.
The plaintiff had been employed for four years as a specialty cook in a Chinese restaurant. This meant that the maximum possible length of employment pursuant to the German regulation on the employment of aliens newly entering the country (BeschV) had been exhausted in this area. His application for an unlimited (in time) residence permit as a highly qualified person had been denied. This denial was upheld by the Higher Administrative Court as well. The court found that the plaintiff was not a specialist within the meaning of section 19 AufenthG. A specialist, in the opinion of the court, is "a person who because of his/her extraordinary professional qualifications fulfils the specific requirements of a certain professional occupation". The court was of the opinion that this does not apply to a specialty cook.
The court also saw no grounds for granting any another type of residence permit.

Decision in full text:

OVG_Bremen_19_10_2010 (PDF, 31 KB, not barrier-free, in German)

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