Applying for a residence permit for the purpose of employment in the public interest
Service description
You may apply for a residence permit for the purpose of employment if your employment is in the public interest, in particular in terms of regional, economic or labour market policy.
A residence permit for employment on grounds of public interest is a special right of residence that is granted only in justified individual cases. A public interest in the employment may, for example, be demonstrated by,
- where there is a regional or supra-regional public interest in an employer’s products or services, or where there is a shortage of certain goods or services at the employer’s location (regional interests). Reasons relating to public supply or local government policy may also play a role in this context.
- where substantial investment is made and/or a significant number of jobs are created or safeguarded; where the establishment of the business is associated with a sustainable improvement in the sales or market prospects of domestic companies, or where it involves the establishment of a manufacturing facility for technically advanced (future-proof) and/or particularly environmentally friendly products (economic interests).
- if the employment helps to preserve or create jobs (labour market policy considerations).
An employer’s private, business-related interest alone is not sufficient to establish a public interest in the employment.
You do not need to provide evidence of any qualifications. Nor is it necessary to have your qualifications obtained abroad recognised.
Before a residence permit is granted, the Federal Employment Agency must give its approval. The Federal Employment Agency also assesses whether there is a labour market interest. Approval is granted for a maximum of four years.
If a residence permit is granted, it will be issued for a fixed 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 a foreign worker in the public interest, you may, acting on behalf of the foreign national, apply to the Immigration Authority for the fast-track skilled worker procedure, which can facilitate and speed up their entry into the country.
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 to produce 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 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.
- There is a public interest in your employment, in particular a regional, economic or labour market interest.
- You have an employment contract or a binding job offer.
- The Federal Employment Agency has approved your 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
- The original copy of your employment contract or a binding job offer (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 in order to carry out the fast-track skilled worker procedure. Please contact the relevant immigration authority for this.
What fees are incurred?
Issue of residence permit: EUR 100.00
Amendment to an existing residence permit to obtain a residence permit for the purpose of employment in the public interest (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(3) of the Residence Act
Section 39(3) of the Residence Act (AufenthG)
Section 35 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 procedure occasionally possible
- Written form required: yes
- Personal appearance required: yes
Author
Forwarding service: Deep link to the original portal- Residence permit for the purpose of gainful employment: Granting for the purpose of employment in the public interest in Saxony-Anhalt
Display of performance in the source portal
- Residence permit for the purpose of gainful employment: Granting for the purpose of employment in the public interest in Saxony-Anhalt