Aufenthaltserlaubnis zum Zweck der Erwerbstätigkeit Erteilung zum Zwecke der Beschäftigung bei öffentlichem Interesse

§ 19c Abs. 3 AufenthG

Section 39 (3) of the Residence Act (AufenthG)

§ 35 Employment Ordinance (BeschV)

Under certain conditions, you can apply for a residence permit if there is a public, in particular regional, economic or labour market policy interest in your employment. However, a formal qualification is not required.

You can apply for a residence permit for gainful employment if there is a public, in particular regional, economic or labour market policy interest in your employment.

The residence permit for employment on the basis of public interests is a special right of residence that is granted only 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 a shortage of certain goods or services at the employer's location (regional interests). Supply or municipal policy reasons can also play a role here.
• where significant investments 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 concerns the establishment of a production 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, operational interest of an employer alone is not sufficient to establish a public interest in employment.

You do not have to prove 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. Consent is granted for a maximum of four years.

If the residence permit is issued, 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 attend 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, on behalf of the foreigner, apply to the Foreigners' Registration Office for the accelerated skilled worker procedure, which can facilitate and accelerate entry.

• Valid passport
• Original of your employment contract or a binding job offer (please use the nationwide form Declaration of Employment Relationship )
• Current biometric photo
• Current registration certificate
• Proof of your health insurance
• Lease
   

• In addition
• for recent arrival:

• Visa, if required for entry

as well as in case of a previous stay:

• Current residence title or other certificate of right of residence (e.g. Aufenthaltsgestattung, Duldung)
• Further documents are required for the implementation of the accelerated procedure for skilled workers. Please contact the responsible immigration authority.

• You have a recognized and valid passport or passport substitute and - if required for entry - an appropriate visa.
• There is no interest in expulsion against you.
• Your stay does not endanger or impair the interests of the Federal Republic of Germany.
• There is a public, in particular regional, economic or labour market policy interest in your employment.
• You have an employment contract or a binding job offer.
• The Federal Employment Agency has approved the commencement of work (consent is usually obtained from the Foreigners' Registration Office). For approval, inter alia, their working conditions (in particular salary) be comparable to those of a German employee in the same position

Issue of residence permit: EUR 100.00

Modification 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): EUR 98.00

Under certain conditions, a fee reduction or exemption may be considered.

Note: The residence permit is issued as an electronic residence title. The fee for the reissue of the card body is EUR 67.00

The residence permit must be applied for at the immigration authority responsible for your place of residence. The procedure is as follows:

• Depending on the immigration authority and concerns, it may be possible to apply via the Internet. Find out whether your immigration authority 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 supporting documents will be checked (bring them with you to the appointment). Your fingerprints will be taken to produce an electronic residence permit (eAT card).
• In the event of an electronic application, the Foreigners' Registration Office will contact you upon 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 title (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.
• Fees apply for the issuance of the residence permit. The timing and form of payment vary depending on the authority.

about six to eight weeks

• The residence permit should be applied for at least eight weeks before the expiry of your valid visa or residence permit.
• The residence permit is issued for a limited period. The validity depends on the duration of your employment contract and the approval of the Federal Employment Agency.
• Opposition period: 1 month

• Residence permit for the purpose of gainful employment Issue for the purpose of employment in the public interest
• The residence permit is issued in justified individual cases if there is a public, in particular regional, economic or labour market policy interest in the employment.
• The employer's private-sector operational interests are not decisive.
• There is no special qualification.
• The Federal Employment Agency must approve the issuance of the residence permit. In particular, the Federal Employment Agency examines labour market policy interests.
• The residence permit is issued for a limited period. The period of validity depends on the employment contract or the approval of the Federal Employment Agency.
• Under certain circumstances, the Foreigners' Registration Office may oblige the applicant to attend an integration course.
• Depending on the immigration authority and concerns, the application is possible via the Internet or in person.
• There is a fee for the issuance of the residence permit. The timing and form of payment vary depending on the authority.
• Employers can apply to the Foreigners' Registration Office for the accelerated procedure for skilled workers if they wish to employ an employee from abroad on the basis of public interests.

Responsible: the immigration authority responsible for the applicant's place of residence; for the accelerated procedure for skilled workers: immigration authority at the place of the permanent establishment where the foreigner is to be employed, unless a central office has been set up for the procedure

The foreigners' authority responsible for the applicant's place of residence

For the accelerated procedure for skilled workers:

Foreigners' registration office at the place of the permanent establishment where the foreigner is to be deployed, unless a central office has been set up to carry out the procedure

• Forms: Declaration of employment relationship (uniform throughout Germany); further authority-specific forms can be obtained from your immigration office, if necessary these are also offered online
• Online procedures possible in some cases
• Written form required: yes
• Personal appearance required: yes