Applying for an extension of a residence permit to recognise professional qualifications whilst in employment

• Find out whether your foreigners authority allows you to apply online or has a special application form.
• If you can only submit your application in person, please book an appointment at the Immigration Office. If you submit your application online, the Immigration Office will contact you once your application has been received to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents to the appointment, preferably in the original).
• If your application is approved, your fingerprints will be taken so that your residence permit can be issued in the form of a new electronic residence permit (eAT card).
• The Foreigners’ Registration Office commissions the Bundesdruckerei to produce the eAT card. Once it has been produced, you will be notified and can collect the eAT card from the relevant office. As a general rule, the eAT card must be collected in person.
• If your application is rejected, you will receive a rejection notice.

Immigration office

In principle, the same requirements must be met for the extension of the residence permit as for the initial issue of the residence permit. This means

• You are not yet able to demonstrate the practical skills, knowledge and competences in the workplace that the recognition body has identified as lacking. You therefore wish to continue working in this unregulated profession in order to meet the requirements for full recognition of your foreign professional qualification.
• The two-year maximum validity period of your residence permit has not yet expired.
• Your employer has given an undertaking in your employment contract that they will continue to facilitate your professional recognition.
• You are able to cover your living expenses and health insurance cover for the remainder of your stay from your own resources without having to rely on state benefits.
• You have a command of German appropriate to your role; as a rule, this means at least level A2 of the Common European Framework of Reference for Languages.
• The Federal Employment Agency has, where necessary, approved the continuation of your employment (approval is usually obtained from the Immigration Authority).
• There is no interest in deporting you.
• Their stay does not jeopardise or impair the interests of the Federal Republic of Germany.

In principle, renewing your residence permit requires you to submit the same documents as when it was first issued:

• Recognised and valid identity document (e.g. passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
• Employment contract and the ‘Declaration of Employment’ form, completed and signed by the employer (see Forms)
• An outline of how any skills, knowledge and abilities that are still lacking are to be addressed (for example, a training plan)
• Evidence of means of support (for example, from personal assets, a security deposit paid into a blocked account, a bank guarantee, a declaration of commitment, a scholarship, proof of receipt of benefits such as parental allowance or child benefit, evidence of the parents’ income, or similar)
• Proof of health insurance cover (for example, a confirmation of cover from your health insurance provider or an insurance policy)

The documents and information must always be submitted in German. In individual cases, the foreigners authority may require less or further evidence.

You may need to submit proof of your language skills or the notification of any shortfall from the recognition body to the Immigration Authority once again.

• Section 45(2) of the Residence Ordinance (AufenthV)

• Section 16d(4) of the Act on the Residence, Employment and Integration of Foreign Nationals in the Federal Territory (Residence Act – AufenthG)
• Section 7 of the Residence Act (AufenthG)
• § Section 8 (1) Residence Act (AufenthG)

• Appeal against the decision of the immigration authority within one month of notification
• Action before the court named in the notice of objection if the objection is not upheld

Informal application possible: Yes

Personal appearance required: Yes

• Unregulated professions are those for which there are no specific state requirements governing their practice. This means that no professional licence is required to work in such a profession. In Germany, for example, all professions based on a dual vocational training system are unregulated.
• The residence permit does not entitle the holder to undertake gainful employment beyond that which serves the purpose of further training.
• Once equivalence of the professional qualification has been recognised, it is possible to stay in the country for up to twelve months to look for work (Section 20(3)(4) of the Residence Act).
• In individual cases, the Employer Service of the Federal Employment Agency provides advice, as does the relevant immigration authority in the fast-track procedure for skilled workers. The ‘Central Service Point for Professional Recognition’ can also be contacted regarding individual cases.
• The procedure at the Foreigners' Registration Office is usually conducted in German.
• All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that the request can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
• Due to the complexity of residence law, this description is for information purposes only and is not legally binding.