Applying for a residence permit for the purpose of employment for qualified tolerated persons
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)
Service Description
Tolerated foreigners can receive a residence permit for employment if they fulfil certain conditions.
As a tolerated foreign person, you can obtain a residence permit to pursue employment if you have completed qualified vocational training or university studies in Germany. Qualified vocational training exists if you have completed vocational training in a state-recognised or comparably regulated training occupation. The duration of the training must have been at least two years.
If you have acquired your university degree abroad, you can obtain a residence permit if your foreign degree has been legally recognised in Germany or is comparable to a German university degree. The Central Office for Foreign Education is responsible for the recognition of foreign university degrees in Germany (see "Further Information"). In addition, it is required that you have been employed with your foreign university degree for two years without interruption in an occupation appropriate to the degree. The employment is appropriate if it usually requires an academic degree and the knowledge acquired with the university education is at least partially or indirectly required. Shorter interruptions of employment, which as a rule should not exceed a total duration of three months, are harmless.
You can also obtain a residence permit if you have acquired your professional qualification abroad, have been in qualified employment for three years without interruption and have not been dependent on public funds (with the exception of benefits to cover the necessary costs for accommodation and heating) for your livelihood and that of your family members or other household members within the last year before applying for the residence permit. Qualified employment is deemed to exist if it is usually carried out by persons with skills, knowledge and abilities acquired in qualified vocational training or academic education. Shorter interruptions (up to three months) are generally harmless,
The residence permit is issued for a limited period for the duration of the employment. For holders of the training toleration, the residence permit is issued for two years if they wish to pursue employment that corresponds to the qualification acquired in the vocational training.
Teaser
Tolerated foreigners can receive a residence permit for employment if they fulfil certain conditions.
Process flow
The procedure is as follows:
- Depending on the foreigners authority and your concerns, it may be possible to apply via the internet. Find out whether your foreigners authority offers electronic application for the residence permit.
- If the application is only possible in person, make an appointment with the Aliens' Registration Office. During the appointment, your application will be accepted and your supporting documents will be checked (bring them with you to the appointment). Your fingerprints will be taken for the production of an electronic residence permit (eAT card).
- In the case of an electronic application, the Aliens' Registration Office will contact you after receipt of your online application to arrange an appointment at the Aliens' Registration Office if necessary. During the appointment, your documents will be checked (please 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 Aliens' Registration Office will arrange for the eAT card to be produced.
- After about six to eight weeks you can collect the eAT card from the Aliens' Registration Office.
- The eAT card must always be collected in person.
Who should I contact?
You can also obtain free advice on the topics of entry, residence and employment from the "Hotline Working and Living in Germany" from the Federal Government's portal for skilled workers from abroad.
Telephone: 030 1815-1111
Service hours: Monday to Friday from 8:00 a.m. to 4:00 p.m.
Competent authority
The immigration authority responsible for the applicant's place of residence.
Requirements
- You have a recognised and valid passport or passport replacement.
- There is no interest in deportation against you.
- Your stay does not endanger or impair the interests of the Federal Republic of Germany.
- In the Federal Republic of Germany you have
- completed a qualified vocational training course in a state-recognised or comparably regulated training occupation or a university degree course, or
- with a recognised foreign university degree or a foreign university degree comparable to a German one have been employed for at least two years without interruption in an occupation appropriate to their qualification, or
- have been in qualified employment without interruption for at least three years and have not been dependent on public funds within the last year, with the exception of benefits to cover the necessary costs for accommodation and heating.
- They have sufficient German language skills (B1).
- You can present a concrete job offer or a contract. The "Declaration of Employment Relationship" serves as proof of the concrete job offer.
- You have sufficient living space for yourself and your family.
- The Federal Employment Agency has agreed to your employment.
- You are able to secure your livelihood and health insurance cover from your own resources without claiming public benefits.
Which documents are required?
- Valid passport or passport replacement
- Current biometric photo
- Proof of completed education (e.g. university degree, certificates of completed vocational training)
- In the case of foreign university degrees: notice of recognition or comparability of the university degree, certificate evaluation from the Central Office for Foreign Education (ZAB), if available
- Employment contract or the declaration of employment completed and signed by the employer (see under "Further information")
- If applicable, proof of previous employment (e.g. references, employment contracts)
- Proof of German language skills
- Evidence of your means of subsistence (e.g. equity capital, blocked account, declaration of commitment)
- Proof of health insurance
- Current Certificate of registration
In individual cases, the Aliens Department may request further documents.
What are the fees?
Issue of residence permit: EUR 100.00
Under certain conditions, a fee reduction or fee exemption may be considered.
Notes:
- Additional fees may apply for the issuance of the residence permit in the form of the electronic residence title, which can also be used as electronic proof of identity.
- The time and form of charging and payment vary depending on the authority.
What deadlines do I have to pay attention to?
- The residence permit is issued for a limited period for the duration of the employment. For holders of the training toleration, the residence permit is issued for two years.
- Objection period: one month
Processing duration
about six to eight weeks.
Legal basis
Appeal
An appeal against a decision of the Aliens Department may be lodged with the authority named in the decision within one month of notification of the decision. The objection can be filed in writing, in electronic form and in writing.
If the objection is not upheld by the foreigners authority, an action may be brought before the court named in the notice of objection.
Applications / forms
- Online procedure possible in some cases
- Written form required
- Personal appearance required
- Portal of the Federal Government for skilled workers from abroad
https://www.make-it-in-germany.com/de/ueber-das-portal/kontakt/hotline/
- Central Office for Foreign Education:
https://www.kmk.org/themen/anerkennung-auslaendischer-abschluesse.html
- Declaration of employment;
Author
The text was automatically translated based on the German content.
Technically approved by
Ministry of the Interior and for Local Affairs of the State of Brandenburg
Professionally released on
26.02.2021
