Residence permit for employment purposes for tolerated persons who are qualified - application
Should you be in the possession of tolerance as a foreigner and should you be in paid employment or wish to enter paid employment, then subject to certain requirements, you can obtain a residency permit.
Attention: You may not start work until you have received a corresponding residency permit. You must apply for the work permit for the existing guest status.
Note: Persons with guest status who have taken part in vocational training are entitled to a residency permit following successful completion of their specialist training for employment relating to one of the vocational qualifications achieved for a period of two years, should the requirements be met.
The Foreigners' Authority
The Foreigner's Authority is:
- the city administration if you live in a city district or major city district
- the rural district office if you live in a rural district.
The prerequisites for obtaining a residence permit are:
- You fulfil the passport obligation. You are deemed to satisfy the passport obligation if you present an alternative form of identification.
- You have sufficient income to subsist without drawing on state funds. Your income is deemed sufficient if you earn
- an amount equivalent to the standard rate of social assistance plus
- enough to cover accommodation, heating and
- any health insurance contributions.
- There are no grounds for you being expelled from the country.
- Your stay does not endanger or influence the interests of the Federal Republic of Germany.
- You have a sufficiently large place of residence.
- You possess sufficient knowledge of the German language.
- You have undertaken specialist vocational training in Germany
- or have obtained a degree in Germany or
- have obtained a degree abroad and two years of uninterrupted professional experience in Germany or
- have obtained vocational training abroad and have three years of uninterrupted professional experience in this vocation in Germany.
- You have a job or a firm job offer.
- The Federal Agency for Work issues the necessary work permit.
Note: Whether or not you are granted a work permit depends on the needs of the German economy and the conditions on the labour market. Without the necessary work permit, you cannot be issued with a residency permit.
You will not receive a residency permit in the following cases:
- You have intentionally deceived the Foreigners' Authority in relation to relevant circumstances under residency laws
- You have intentionally delayed or hindered official measures relating to the end of the residency
- You are connected to extremist or terrorist organisations or support these
- You have been convicted of an intentional criminal offence These do not include:
- Fines of up to 50 daily rates and
fines of up to 90 daily rates in case of crimes which can only be committed by foreigners under the Residency Act (Aufenthaltsgesetz).
You must request the residency title from the competent authority in writing. This will then obtain the Federal Employment Agency’s consent if necessary.
You will then receive either a residence permit or a notice of rejection.
- Evidence that you satisfy the passport and visa requirements
- Evidence of sufficient income
- Evidence that you satisfy the functional and personal requirements for work migration
- Evidence that you have a job or firm job offer
- Evidence that there are no grounds for your expulsion
- Evidence that you do not endanger or influence the interests of the Federal Republic of Germany
- Evidence of adequate living space
- Evidence of sufficient knowledge of the German language
Your spouse and minor children are entitled to join you in Germany. You may also take up paid employment.
If you wish to be self-employed, you may be granted a residency permit provided you fulfil certain conditions.
You will receive the residency title in the format of a bank card incorporating additional electronic functions. You will find further information at “Application for electronic residency title (eAT)".
- § 8 Aufenthaltsgesetz (AufenthG) (Verlängerung der Aufenthaltserlaubnis)
- § 18 Aufenthaltsgesetz (AufenthG) (Beschäftigung)
- § 18a Aufenthaltsgesetz (AufenthG) (Aufenthaltserlaubnis für qualifizierte Geduldete zum Zweck der Beschäftigung)
- § 21 Aufenthaltsgesetz (AufenthG) (Selbstständige Tätigkeit)
- § 39 Aufenthaltsgesetz (AufenthG) (Zustimmung der Bundesagentur für Arbeit)
- Beschäftigungsverordnung des Bundesministeriums für Wirtschaft und Arbeit
- Validity for up to one year or more than one year: EUR 100.00
- Extension by up to three months: EUR 96.00
- Extension by more than three months: EUR 93.00
The German original version of this text was drafted in close cooperation with the relevant departments. The Innenministerium released the full description on 08.03.2019. 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.