Applying for a residence permit for the purpose of employment, regardless of whether you are classified as a skilled worker
Service description
A residence permit, irrespective of whether the individual qualifies as a skilled worker, may be granted for employment-related stays as provided for in the Employment Regulation, e.g. for seasonal work, domestic staff, specialist chefs and professional drivers.
Nationals of certain countries may also be granted a residence permit to take up any form of employment, irrespective of their personal qualifications, provided they meet certain other requirements. This applies to nationals of the following countries:
- Andorra, Australia, Israel, Japan, Canada, the Republic of Korea, Monaco, New Zealand, San Marino, the USA (Section 26(1) of the Employment Regulation)
- until the end of 2020, this also applies to: Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro and Serbia (Section 26(2) of the Employment Regulation, the so-called Western Balkans provision)
It is not a requirement that you are a skilled worker within the meaning of the Residence Act; in other words, you do not need to hold a university degree or have completed a recognised vocational training programme.
A residence permit to take up employment, irrespective of whether the holder is classified as a skilled worker, is a temporary residence permit. The duration of the permit is determined by the length of the employment contract or is set out in the provisions of the Employment Regulation.
Before a residence permit is granted, the Federal Employment Agency must, as a general rule, approve the employment, unless the provisions of the Employment Regulation stipulate that the Agency’s approval is not required.
Procedure
You must apply for a residence permit at the Foreigners’ Registration Office responsible for your place of residence (in Brandenburg: at the Foreigners’ Registration Office of the district or independent city)
- 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 applications can only be made in person, please arrange an appointment with the Immigration Office.
- During the appointment, your application will be accepted and your supporting documents checked (please bring these with you to the appointment). Your fingerprints will be taken for the issuing of the electronic residence permit (eAT).
- If you submit your application electronically, the Foreigners’ Registration Office will contact you once your online application has been received to arrange an appointment for an interview at the Foreigners’ Registration Office. 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 issue of the eAT card.
- If your application is approved, the Immigration Authority will arrange for the eAT card to be issued.
- After about six to eight weeks, you can collect your eAT card from the Immigration Office
Who should I contact?
The immigration authority responsible for the applicant’s place of residence
Prerequisites
- You hold a recognised and valid passport or passport substitute and – if this was required for entry – a suitable visa.
- There is no interest in deporting you.
- You have a job or a job offer.
Professional drivers and nationals of Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro or Serbia, who have reached the age of 45, must provide evidence of an employment contract or a binding job offer with a specified minimum salary. The minimum salary must amount to 55 per cent of the annual contribution assessment ceiling under the general pension insurance scheme. This results in a minimum salary for 2020 of 45,540 euros per annum. Even if this minimum salary is not met, a residence permit may be granted upon presentation of evidence of adequate pension provision or in special cases (e.g. where there is a public interest in the employment).
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 cover your living expenses and health insurance cover from your income without having to rely on state benefits.
- Their stay does not jeopardise or impair the interests of the Federal Republic of Germany.
- Further requirements may arise from the provisions of the Employment Regulation.
- For further information on this matter, please contact the relevant immigration authority.
Which documents are required?
- Valid passport
- Visa, if required for entry
- 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
- Proof of your health insurance
- Current registration certificate
- Rental agreement
What fees are incurred?
- Issue of a residence permit to take up skilled employment, irrespective of whether the individual is classified as a skilled worker: EUR 100
- Under certain conditions, a fee reduction or fee exemption may be possible.
What deadlines do I have to observe?
- Applying for a residence permit to take up employment, regardless of whether you qualify as a skilled worker: no later than eight weeks before your current visa or residence permit expires.
- Objection period: 1 month
Processing time
about six to eight weeks
Legal basis
Section 19c(1) of the Residence Act in conjunction with the Employment Regulation
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; these may also be available online.
- Online procedure occasionally possible
- Written form required: yes
- Personal appearance required: yes