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Residency for qualified tolerated persons for the purposes of employment

Residency for qualified tolerated persons for the purposes of employment 

  • Überblick

    Overview

    If you only have a short-term residency permit (Duldung) but are professionally qualified (e.g. vocational training, university degree) and have a real prospect of finding a job, you can apply for a residency permit for the purposes of employment.

    Note: A residency permit may only be issued when a firm job offer has been made, whereby permission to work generally depends on the requirements of the German economy taking the conditions of the labour market into consideration.

    Who do I have to contact?

    Please contact the foreigners’ registration authorities (district administrations and mayors’ offices)

    Details

    Procedure

    You must submit the application for a residency permit for the purposes of employment in writing to the foreigners’ registration authorities. Approval from the Employment Agency will be obtained by the foreigners’ registration authorities in an internal procedure.

    You may work only once you have been granted a residency permit for the purposes of employment.

    Tip: After working for two years with this residency permit in the profession for which you have provided evidence of qualification, you may seek employment in another professional sector.
     

    Requirements

    A residency permit will generally be issued only on the condition that

    - you fulfil the passport and via obligations,

    - that you can provide for yourself without having to claim social means (subsistence is considered secure when income is in an amount consistent with the simple social assistance rate plus costs for accommodation and heating as well as any health insurance premiums),

    - no reasons for deportation exists and

    - your residency poses no threat nor risk to the interests of the Federal republic of Germany for any other reasons.

    In addition, you must

    - have sufficient living space available and

    - have sufficient German language skills,

    - fulfil the personal and factual requirements for labour migration and

    - have a job or a firm offer of a job.

    The personal and factual requirements include in particular:

    - qualified vocational training or a university degree attained in Germany

    - a university degree attained in a foreign country and 2 uninterrupted years of professional experience in Germany

    - qualified vocational training in a foreign country and three uninterrupted years of specialist activity in this profession in Germany

    It is further required that the Federal Employment Agency has given approval, unless otherwise regulated by statutory provisions.

    Note: A residency permit will not be issued if you intentionally misrepresent relevant circumstances to the foreigners’ registration authorities or intentionally delay or prevent official measures to terminate your residency. Nor may you have any affiliation with extremist or terrorist organisations or support these.
     

    Documents

    Evidence of the above-mentioned requirements, in particular evidence of the job or job offer and qualifications.

    Fees

    The fee amount depends on the validity period of the residency permit:

    - up to one year: €100

    - longer than one year: €110

    For an extension for continued residency:

    - Extensions of up to three months: €65

    - Extensions of more than three months: €80

    Note: A waiving of the fee is possible only in exceptional cases.

    Legal foundations

    - Section 8 Residency act (AufenthG) (Extension of residency permit)

    - Section 18 Residency act (AufenthG) (Employment)

    - Section 18a Residency act (AufenthG) (Residency permit for qualified tolerated persons for the purposes of employment)

    - Section 19 Residence act (AufenthG) (Permanent residency permit for highly qualified persons)

    - Section 21 Residency act (AufenthG) (Self-employment)

    - Section 39 Residence act (AufenthG) (Approval by the Federal Employment Agency)
     

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