Residence permit for the purpose of gainful employment Issuance for the purpose of employment in the public interest
You can apply for a residence permit for gainful employment if there is a public interest in your employment, in particular a regional, economic or labour market interest.
The residence permit for employment on the basis of public interests is a special right of residence that is only granted in justified individual cases. A public interest in employment can be justified, for example,
- if there is a regional or supra-regional public interest in an employer's products or services or if there is an undersupply of certain goods or services at the employer's location (regional interests). Supply or local policy reasons can also play a role here.
- where significant investment and/or a significant number of jobs are created or secured; if the establishment of a company is associated with a sustainable improvement in the sales or market opportunities of domestic companies or if it involves the establishment of a manufacturing plant for technically high-quality (future-proof) and/or particularly environmentally friendly products (economic interests).
- if employment maintains or creates jobs (labour market policy interests).
The private economic interest of an employer alone is not sufficient to justify a public interest in employment.
You do not need to prove any qualifications. Recognition of their qualifications acquired abroad is also not required.
Before the residence permit is issued, the Federal Employment Agency must agree. This Federal Employment Agency also examines whether there is an interest in labour market policy. Approval is granted for a maximum of four years.
If the residence permit is granted, it is limited in time. The validity depends on your employment contract or the period of validity of the approval of the Federal Employment Agency.
Under certain circumstances, the Foreigners' Registration Office may oblige you to participate in an integration course. This will then be noted on your residence permit.
If you are an employer and would like to hire an employee from abroad due to public interests, you can apply to the Foreigners' Registration Office for the accelerated skilled worker procedure with the power of attorney of the foreigner, which can be used to facilitate and accelerate entry.
Process flow
The residence permit must be applied for at the immigration office responsible for your place of residence. The procedure is as follows:
- Depending on the immigration office and the request, it may be possible to apply via the Internet. Find out whether your Foreigners' Registration Office offers the electronic application for a residence permit.
- If the application is only possible in person, make an appointment with the Foreigners' Registration Office. During the appointment, your application will be received and your evidence will be checked (bring it with you to the appointment). Your fingerprints will be taken for the production of an electronic residence permit (eAT card).
- In the event of an electronic application, the Foreigners' Registration Office will contact you after receipt of your online application in order to make an appointment at the Foreigners' Registration Office if necessary. During the appointment, your documents will be checked (bring them with you to the appointment) and your fingerprints will be taken for the production of the electronic residence permit (eAT card).
- If your application is granted, the Foreigners' Registration Office will arrange for the eAT card to be produced.
- After about six to eight weeks, you can pick up the eAT card at the Foreigners' Registration Office.
- The eAT card must always be picked up in person.
- There are fees for the issuance of the residence permit. The timing and form of payment vary depending on the authority.
Who should I contact?
The immigration authority responsible for the applicant's place of residence
For the accelerated skilled worker procedure:
Foreigners' Registration Office at the place of the permanent establishment where the foreigner is to be employed, unless a central office has been set up to carry out the procedure
Competent authority
The immigration authority responsible for the applicant's place of residence
For the accelerated skilled worker procedure:
Foreigners' Registration Office at the place of the permanent establishment where the foreigner is to be employed, unless a central office has been set up to carry out the procedure
Requirements
- You have a recognised and valid passport or passport substitute and - if required for entry - an appropriate visa.
- There is no interest in expulsion against you.
- Their stay does not endanger or impair the interests of the Federal Republic of Germany.
- There is a public interest in your employment, in particular a regional, economic or labour market interest.
- You have an employment contract or a binding job offer.
- The Federal Employment Agency has approved the start of work (consent is usually obtained from the Foreigners' Registration Office). For approval, among other things, the following must be obtained: Their working conditions (especially salary) be comparable to those of a German employee in the same position
Which documents are required?
- Valid passport
- Original of your employment contract or a binding job offer (please use the nationwide uniform form Declaration of Employment Relationship )
- Recent biometric photo
- Current registration certificate
- Proof of your health insurance
- Lease
- In addition
- in case of recent entry:
- Visa, if it was required for entry
as well as in the case of a previous stay:
- Current residence permit or other certificate of right of residence (e.g. residence permit, toleration)
- Further documents are required for the implementation of the accelerated skilled worker procedure. Please contact the responsible immigration office for this purpose.
What are the fees?
Fee: 100,00 EURPayment in advance: NoIssuance of residence permit Under certain conditions, a fee reduction or fee waiver may be considered. Note: The residence permit is issued as an electronic residence permit.
Fee: 98,00 EURPayment in advance: NoAmendment of an existing residence permit for the purpose of obtaining a residence permit for the purpose of employment in the public interest (change of purpose)
Fee: 67,00 EURPayment in advance: NoFor the reissue of the map body
What deadlines do I have to pay attention to?
- The residence permit should be applied for at least eight weeks before the expiry of your visa or residence permit, which is still valid.
- The residence permit is issued for a limited period of time. The validity depends on the period of validity of your employment contract and the approval of the Federal Employment Agency.
- Deadline for filing a complaint: 1 month
Processing duration
about six to eight weeks
Applications / forms
- Forms: Declaration of employment ( uniform nationwide); Further authority-specific forms can be obtained from your Foreigners' Registration Office, if necessary these are also offered online
- Online procedures possible in isolated cases
- Written form required: yes
- Personal appearance required: yes
Appeal
Administrative court action:
Detailed information on this can be found in the decision rejecting your application.
- Portal of the Federal Government for skilled workers from abroad
https://www.make-it-in-germany.com/de/ueber-das-portal/kontakt/hotline/ - You can also get free advice on the topics of entry, residence and work from the "Hotline Working and Living in Germany" from the Federal Government's portal for skilled workers from abroad.
Phone: 030 1815-1111
Service hours: Monday to Friday from 8:00 a.m. to 4:00 p.m.
Technically approved by
Lower Saxony Ministry of the Interior and Sport
Author
The text was automatically translated based on the German content.
