Applying for a residence permit for the purpose of employment for qualified persons with temporary leave to remain
Service description
As a foreign national with temporary leave to remain, you may be granted a residence permit to take up employment if you have completed a recognised vocational training programme or a university degree in Germany. Qualified vocational training is defined as having completed vocational training in a state-recognised or similarly regulated vocational qualification. The training must have lasted at least two years.
If you obtained your higher education qualification abroad, you may be eligible for a residence permit provided that your foreign qualification has been legally recognised in Germany or is comparable to a German higher education qualification. The Central Office for Foreign Education (see ‘Further information’) is responsible for the recognition of foreign higher education qualifications in Germany. You must also have been in employment appropriate to your degree for two years without interruption since obtaining your foreign degree. Employment is considered appropriate if it usually requires an academic qualification and the knowledge acquired through higher education is required, at least in part or indirectly. Short breaks in employment, which should not normally exceed a total of three months, do not affect your eligibility.
You may also be granted a residence permit if you obtained your professional qualifications abroad, have been in skilled employment for three years without interruption, and, during the year preceding your application for a residence permit, have not been dependent on public funds (with the exception of benefits to cover the necessary costs of accommodation and heating). A job is considered skilled if it is usually carried out by people with skills, knowledge and abilities acquired through qualified vocational training or academic education. Shorter interruptions (up to three months) are generally not a problem,
The residence permit is granted for a fixed period corresponding to the duration of employment. For holders of a ‘tolerance status for vocational training’, the residence permit is granted for two years if they wish to take up employment that corresponds to the qualification acquired during their vocational training.
Procedure
The procedure is as follows:
- Depending on the foreigners authority and your request, it may be possible to apply online. Find out whether your foreigners authority offers electronic applications for residence permits.
- If you can only submit your application in person, please arrange an appointment with the Foreigners’ Registration Office. During the appointment, your application will be accepted and your supporting documents will be checked (please bring these with you to the appointment). Your fingerprints will be taken to issue an electronic residence permit (eAT card).
- If you submit your application electronically, the Foreigners’ Registration Office will contact you once your online application has been received to arrange an appointment at the office, if necessary. During the appointment, your supporting documents will be checked (please bring these with you to the appointment) and your fingerprints will be taken for the production of the electronic residence permit (eAT card).
- If your application is approved, the Foreigners’ Registration Office will arrange for the eAT card to be issued.
- After about six to eight weeks, you can collect your eAT card from the Foreigners’ Registration Office.
- As a general rule, the eAT card must be collected in person.
Who should I contact?
Contact the foreigners authority.
Prerequisites
- You hold a recognised and valid passport or passport substitute.
- There is no interest in deporting you.
- Their stay does not jeopardise or impair the interests of the Federal Republic of Germany.
- You are in Germany
- have completed a recognised vocational training programme in a state-recognised or similarly regulated occupation, or a university degree, or
- have been in continuous employment for at least two years in a role commensurate with their qualification, having obtained a recognised foreign higher education qualification or a foreign higher education qualification comparable to a German higher education qualification, or
- have been in qualified employment without interruption for at least three years and have not been dependent on public funds during the past year, with the exception of benefits to cover the necessary costs of accommodation and heating.
- You have a sufficient command of German (B1).
- You may submit a specific job offer or a contract. The ‘Declaration of Employment’ serves as proof of the specific job offer.
- You have enough living space for yourself and your family.
- The Federal Employment Agency has given its approval for the person to take up employment.
- You are able to support yourself and maintain your health insurance cover from your own resources without having to rely on state benefits.
Which documents are required?
- Valid passport or passport substitute
- Current biometric photo
- Evidence of completed education and training (e.g. university degree, certificates of completed vocational training)
- For foreign higher education qualifications: a decision on the recognition or comparability of the qualification, and a certificate assessment from the Central Office for Foreign Education (ZAB), where available
- Employment contract or the declaration of employment completed and signed by the employer (see ‘Further information’)
- Where applicable, evidence of previous employment (e.g. employment references, employment contracts)
- Proof of German language proficiency
- Evidence of sufficient means of support (e.g. personal funds, blocked account, declaration of financial commitment)
- Proof of your health insurance
- Current registration certificate
In individual cases, the foreigners authority may request further documents.
What fees are incurred?
Issue of residence permit: EUR 100.00
Under certain conditions, a fee reduction or fee exemption may be possible.
Notes:
- Additional fees may apply for the issue of a residence permit in the form of an electronic residence permit, which can also be used as an electronic identity document.
- The time and form in which fees are charged and paid vary depending on the authority.
What deadlines do I have to observe?
- The residence permit is granted for a fixed period corresponding to the duration of employment. For holders of a training-related temporary residence permit, the residence permit is granted for two years.
- Time limit for lodging an objection: one month
Processing time
about six to eight weeks.
Legal basis
Legal remedy
An appeal against a decision by the immigration authority can be lodged with the authority named in the decision within one month of notification of the decision. The appeal may be lodged in writing, in electronic form or for the record.
If the foreigners authority does not grant the objection, an action can be brought before the court named in the objection notice.
Applications / Forms
- Online procedure occasionally possible
- Written form required
- Personal appearance required
Author
Forwarding service: Deep link to the original portal