Applying to amend the employment conditions attached to a residence permit
Service description
If, as a foreign national, you are subject to a work permit requirement for a specific type of employment or a specific employer, you may, under certain conditions, have this work permit requirement amended when you change employers to another company. To do so, you must submit a corresponding application to the relevant immigration authority. In most cases, the outcome depends on the approval of the Federal Employment Agency, which is involved in the decision-making process.
Procedure
- If you wish to apply to change the employment details on your residence permit, you must first submit an application to your relevant immigration authority. Please enclose a copy of your current residence permit with your application and specify which condition you wish to change and how.
- The immigration authorities will then let you know which documents they require from you.
- You should then submit all the required documents to your immigration authority.
- The immigration authorities will then assess your application and will usually seek the Federal Employment Agency’s approval.
- Once the assessment has been completed, you will either be given an appointment, receive a new residence permit by post, or be sent a notice of refusal.
Prerequisites
A foreign national who is subject to a work permit requirement
- An income sufficient to cover one’s living expenses
- Apprenticeship or university place, or employment contract (a draft is sufficient)
- Principal place of residence within the jurisdiction of the immigration authority
- A vocational qualification or degree recognised in Germany
Which documents are required?
The required documents always relate to the specific change of employer. You must provide evidence that you meet the eligibility criteria. The points mentioned above apply
to the documents listed below, and the relevant immigration authorities may request further documents from you on a case-by-case basis.A foreign national who is subject to a work requirement and holds a residence permit for the purpose of employment
- Employment
- Employment contract
- the last three payslips
- Place on a degree course or vocational training programme
- Apprenticeship contract
- Confirmation from the employer that the trainee has taken up the training post
- Certificate of Enrolment
- Integration courses
- Vocational language courses
- Training programmes
- Further training programmes
- Place of residence within the jurisdiction of the immigration authority
- Proof of registration or tenancy agreement and a letter from the landlord confirming the move-in
- Employment
What fees are incurred?
Cost (variable): from 50.00 to 98.00 euros
Payment in advance: No
Description of costs: Administration fee
Note: For exemptions and reductions, see the Residence Regulations.
What deadlines do I have to observe?
There are no deadlines, but you should consider applying for a new residence permit if your current one is only valid for a few more months.
Processing time
1 to 3 months
Note: The duration depends on the workload of the immigration authorities and the Federal Employment Agency.
Legal basis
- Section 12(2) of the Residence Act (AufenthG)
- Section 4a(2), second sentence, of the Residence Act (AufenthG)
- Section 18 of the Residence Act (AufenthG)
- Section 82(6) of the Residence Act (AufenthG)
- Section 9 of the Employment Regulations (BeschV)
- Decision No 1/80 of the EEC–Turkey Association Council
- General Guidance Notes from the Federal Ministry of the Interior on Decision No. 1/80 of the EEC–Turkey Association Council and on Article 41(1) of the Additional Protocol to the Association Agreement (AAH – ARB 1/80)
Legal remedy
- Contradiction
- Action before the administrative court
Author
Ministry for Social Affairs, Youth, Family, the Elderly, Integration and Equality of the State of Schleswig-Holstein