Residence permit for employment purposes for tolerated persons who are qualified - application
You are a foreign national and you have ‘tolerated’ status but you have a professional qualification and have employment prospects? In this case, you can apply for a residence permit for the purpose of employment.
Caution: You cannot start to work until you have obtained the residence permit.
Useful tip: After two years working in the profession for which you have shown proof of qualification, you may also work in other areas.
The authority for foreign nationals where your primary residence is located
The authority for foreign nationals is the city council (Stadtverwaltung) or the regional council office (Landratsamt) depending on your place of residence.
Prerequisites for the residence permit are:
- You satisfy the passport and visa obligation.
With respect to the passport obligation, it is sufficient if you possess an alternative identity document.
- Your subsistence is assured without having to claim public funds.
Your subsistence is held to be assured if you generate
- Income equal to the standard social assistance rate plus
- The costs of accommodation and heating plus
- Any health insurance contributions.
- There are no grounds for your expulsion.
- Your stay does not endanger or prejudice the interests of the Federal Republic of Germany.
- You have sufficient accommodation space.
- You have sufficient knowledge of the German language.
- You fulfil the personal and material requirements for labour migration. You are personally and professionally qualified especially if you can prove the following:
- You have completed qualified professional training in Germany or you have obtained a higher education qualification in Germany
- You have obtained a higher education qualification abroad and you have two years uninterrupted professional experience in Germany
- You obtained qualified professional training abroad and you have three years uninterrupted activity as a specialist in this profession in Germany
- You have employment or you have a specific job offer.
- The Federal Employment Agency agrees with the issuance of a residence title.
Employment in accordance with §§ 2 to 16 of the Employment Regulation, for example, certain internships, teaching activities,or commercial activities, do not require approval.
Note: You will only receive the residence permit if you have a concrete job offer. Your approval depends on the requirements of the German economy and the situation in the labour market.
In the following cases you cannot receive a residence permit:
- You have intentionally deceived the authority for foreign nationals with respect to circumstances which are relevant to the right of residence.
- You have intentionally delayed or obstructed official measures to terminate your residency.
- You have connections with extremist or terrorist organisations or you support same.
You must apply for the residence title in writing to the authority for foreign nationals. The authority for foreign nationals is the city council (Stadtverwaltung) or the regional council office (Landratsamt) depending on your place of residence.
Note: The authority for foreign nationals obtains the approval of the Federal Employment Agency if this is required.
Note that you must apply to the authority for foreign nationals to extend your residence permit in good time before it expires.
As of September 1st, 2011 the residence title is the size of a credit card and it incorporates additional electronic functions. For more detailed information, see "Electronic residence title (eAT) - Application".
- Proof that you satisfy the passport and visa obligation
- Proof that your subsistence is assured
- Proof that you fulfil the personal and material requirements for labour migration.
- Proof of the job or of the job offer
- Proof that there are no grounds for your expulsion
- Proof that you do not endanger or prejudice the interests of the Federal Republic of Germany
- Proof of sufficient accommodation space
- Proof of sufficient knowledge of the German language
- § 8 Aufenthaltsgesetz (AufenthG) (Verlängerung der Aufenthaltserlaubnis)
- § 18 Aufenthaltsgesetz (AufenthG) (Beschäftigung)
- § 18a Aufenthaltsgesetz (AufenthG) (Aufenthaltserlaubnis für qualifizierte Geduldete zum Zweck der Beschäftigung)
- § 19 Aufenthaltsgesetz (AufenthG) (Niederlassungserlaubnis für Hochqualifizierte)
- § 21 Aufenthaltsgesetz (AufenthG) (Selbstständige Tätigkeit)
- § 39 Aufenthaltsgesetz (AufenthG) (Zustimmung der Bundesagentur für Arbeit)
- Beschäftigungsverordnung des Bundesministeriums für Wirtschaft und Arbeit
- Validity of up to one year or more than one year: 100 euros
- Extension up to three months: 96 euros
- Extension of more than three months: 93 euros
Note: Exemption from the fees can only be granted in exceptional cases.
The German original version of this text was drafted in close cooperation with the relevant departments. The Innenministerium released the full description on 17.12.2014. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.
In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.