Assistant Medical Director Highly Qualified

The VGH Baden-Württemberg had to judge on June 27. 2007 (re 13 S 1663/06) if a assistant medical director with additional qualifications (Oberarzt mit Zusatzqualifikationen) qualifies as a high-professional in terms of §19 AufenthG? Highly-qualified aliens are privileged in their residence requirements that they immediately apply for a permanent residence permit (§9 AufenthG). What do you think the judges said?


Can, a Turk born and raised in Turkey, studied medicine in Germany for 6 years and obtained the professional title “Facharzt (medical specialist). Later he was promoted to a professor in Turkey. In Ankara, he worked not only clinically but also academically. He permanently entered Germany in 2003 and received a temporary residence permit. When the time came, he applied for a permanent residence permit pursuant to §19 AufenthG – Niederlassungserlaubnis. He supplemented his application with documents detailing his professional and academical career income statements showing that he earned € 84,770 in 2004 and finally, his certificate of permission to practice as a physician (§10 BÄO). He argued that he was qualified to be categorized as a specialist under the new residency law.

The foreigners office refused because Can was neither a scientist with special academical knowledge nor a teacher, specifically teaching in conjunction with his duties as a scientific assistant in a prominent position. It cannot be denied that his income meets the requirements but his medical certificate shows no specialties and especially no special qualifications. Many persons reach the income threshold but indeed possess no special qualifications and have no extraordinary professional experience.

The Higher Administrative Court of Baden-Wurttemberg ruled in favor of Can’s petition to be recognized as a specialist. The court ruled that Can was a specialist in terms of the statute. Can has above-average knowledge and abilities; whereas a managing position or function is not required by the law. He is more qualified than an average senior physician by qualification, education and professional experience.

Can’s current position demands a senior physician with long-time OP experience and continued education in special obstetrics and prenatal medicine. Can has specialized in prenatal medicine and is a testified level 2 DEGUM physician, i.e. a "specialist with special work experience". This already puts him beyond the national average. His special capacities are also evidenced in his publications and from the extraordinary experiences that he gathered in ultrasound diagnostics in renowned institutes in Münster and Vienna. In addition , he also fulfills all of the additional requirements necessary to be classified as a specialist in his field. Particularly, it is assumed that he will successfully integrate into Germany considering his 6 years of previous studies in Germany and his strong relationship to Germany. In conclusion, Mr. Can is generally westward orientated and qualifies as a specialist title in conjunction with his advanced academic studies and experience.


Published on the old CMS: 2008/7/1
Read on the old CMS till November 2008: 2,082 reads

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