Applying for a residence permit for the purpose of employment where you have extensive practical professional knowledge
Service description
If you have extensive practical professional knowledge, you may be granted a residence permit to work in the field of information and communications technology (the IT sector).
To qualify, you must have worked in the IT sector for at least three of the last seven years and, as a result, have acquired strong skills and knowledge relating to your role. Furthermore, the granting of such a residence permit requires that you have an employment contract or a concrete job offer with a specified minimum salary.
You do not need to have completed a recognised vocational training programme or a degree course. Nor is it necessary for your qualifications obtained abroad to be recognised. It may be helpful if, in addition to several years’ professional experience, you can demonstrate relevant theoretical knowledge (e.g. through certificates or diplomas).
Before a residence permit is granted, the Federal Employment Agency must approve the employment. It also assesses whether certain requirements can be waived. The Federal Employment Agency grants its approval for a maximum of four years.
The residence permit is granted for a limited period. Its validity depends on your employment contract or the period of validity of the approval granted by the Federal Employment Agency.
Under certain circumstances, the Immigration Office may oblige you to attend an integration course. This will then be noted on your residence permit.
If you are an employer and wish to recruit an IT specialist from abroad, you can apply to the Immigration Authority, acting on behalf of the foreign national, for the fast-track procedure for skilled workers, which is designed to facilitate and speed up the entry of skilled workers.
Procedure
You must apply for a residence permit at the Foreigners’ Registration Office responsible for your place of residence. 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 so that an electronic residence permit (eAT card) can be issued. - 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 Immigration Authority will arrange for the eAT card to be issued.
- After around six to eight weeks, you can collect your eAT card from the Foreigners’ Registration Office.
- The eAT card must, as a rule, be collected in person.
Fees are charged for the issue of the residence permit. The time and form of payment vary depending on the authority.
Who should I contact?
The immigration authority responsible for the applicant’s place of residence;
For the fast-track skilled worker procedure:
The immigration authority in the locality of the place of business where the foreign national is to be employed, provided that no central office has been established to conduct the procedure
Prerequisites
- You hold a recognised and valid passport or passport substitute and – where required for entry – a suitable visa.
- There is no interest in deporting you.
- Their stay does not jeopardise or impair the interests of the Federal Republic of Germany.
- You have worked in the IT sector for at least three years over the last seven years.
- You have an employment contract or a binding job offer in the field of information and communication technology.
- Your salary will amount to at least 60 per cent of the pension insurance contribution assessment ceiling. In 2020, 60 per cent corresponds to a minimum gross salary of EUR 4,140 per month or EUR 49,680 per year (this limit applies throughout Germany). The amount of the contribution assessment ceiling is published each year by the Federal Ministry of the Interior, Building and Community in the Federal Gazette by 31 December of the previous year (see further information).
- You can support yourself and maintain your health insurance cover independently, without having to rely on state benefits.
- You have a sufficient command of German. This corresponds to language level B1. In individual cases, the requirement for German language skills may be waived. If you wish to be exempted from this requirement in your case, you must submit an application and provide reasons for this.
- The Federal Employment Agency has granted approval for you to take up employment (approval is usually obtained from the Immigration Authority). For approval to be granted, your terms and conditions of employment (in particular your salary) must, amongst other things, be comparable to those of a German employee in the same position.
Which documents are required?
- Valid passport
- Proof of at least three years’ professional experience within the last seven years
- Any further evidence of the theoretical knowledge you have acquired (e.g. certificates), if available
- Your B1-level language certificate
- The original copy of your employment contract or a binding job offer stating your salary (please use the standard national form ‘Declaration of Employment’ for this purpose)
- Current biometric photo
- Current registration certificate
- Proof of your health insurance
- Rental agreement
- Furthermore,
- if you have recently entered the country:
- Visa, if required for entry
- and, in the event of a previous stay:
- Current residence permit or other proof of the right of residence (e.g. temporary residence permit, tolerated stay)
- Further documents are required for the employer to carry out the fast-track skilled worker procedure. Please contact the relevant immigration authority for this purpose
What fees are incurred?
Issue of residence permit: EUR 100.00
Amendment of an existing residence permit to obtain a residence permit for the purpose of employment where the applicant has extensive practical professional knowledge (change of purpose): EUR 98.00
Under certain conditions, a fee reduction or fee exemption may be possible.
Please note: The residence permit is issued as an electronic residence permit. The fee for reissuing the card is EUR 67.00
What deadlines do I have to observe?
- You should apply for a residence permit no later than eight weeks before your current visa or residence permit expires.
- The residence permit is issued for a limited period. Its validity depends on the duration of your employment contract and the approval of the Federal Employment Agency.
- Objection period: 1 month
Processing time
about six to eight weeks
Legal basis
Section 19c(2) of the Residence Act
Section 42(1)(2) of the Residence Act (AufenthG)
Section 6 of the Employment Regulation (BeschV)
Legal remedy
- 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.
Applications / Forms
- Forms: Declaration of employment (standardised nationwide); further forms specific to individual authorities are available from your Foreigners’ Registration Office; where applicable, these may also be available online
- Online procedures possible: in isolated cases
- Written form required: yes
- Personal appearance required: yes
Author
Forwarding service: Deep link to the original portal