Aufenthaltserlaubnis zum Zweck der Erwerbstätigkeit Erteilung zum Zwecke der Beschäftigung bei öffentlichem Interesse
Inhalt
Begriffe im Kontext
- Anforderungen in Bezug auf Aufenthaltskarten für Unionsbürger und ihre Familienmitglieder, einschließlich Familienmitglieder, die keine Unionsbürger sind
Fachlich freigegeben am
Fachlich freigegeben durch
Section 19c paragraph 3 Residence Act
Section 39 paragraph 3 Residence Act (AufenthG)
Section 35 Employment Ordinance (BeschV)
You can apply for a residence permit under certain conditions if there is a public, in particular a 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 a regional, economic or labour market policy interest in your employment.
The residence permit for employment on the basis of public interest 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 the products or services of an employer or if there is a shortage of certain goods or services at the employer's location (regional interests). Supply or municipal policy reasons may also play a role here.
- if considerable investments and/or a significant number of jobs are created or secured; if the establishment of the enterprise is associated with a sustained improvement in the sales or market opportunities of domestic enterprises or if it involves the establishment of a production plant for technically high-quality (future-proof) and/or particularly environmentally compatible products (economic interests).
- if the employment preserves or creates jobs (labour market policy interests).
The private economic, operational interest of an employer alone is not sufficient to establish a public interest in employment.
They do not have to prove that they are qualified. Recognition of their qualification acquired abroad is also not required.
Before the residence permit is issued, the Federal Employment Agency must give its approval. This Federal Employment Agency also checks whether there is a labour market policy interest. The 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 Aliens' Registration Office may oblige you to take part 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 for the accelerated skilled worker procedure at the Foreigners' Authority with the power of attorney of the foreigner, with which the entry can be facilitated and accelerated.
- Valid passport
- Original of your employment contract or a binding job offer (please use the nationwide standard form Declaration of Employment Relationship )
- Current biometric photo
- Current certificate of registration
- Proof of health insurance
- Rental contract
- Also
- If you have recently entered the country:
- Visa, if this was required for the entry
as well as in case of previous residence
- Current residence title or other certificate of right of residence (e.g. Aufenthaltsgestattung, Duldung).
- Further documents are required for the accelerated procedure for skilled workers. Please contact the foreigners authority responsible for this.
- You have a recognised and valid passport or passport replacement and - if required for entry - an appropriate visa.
- There is no interest in deportation against you.
- Your stay does not endanger or impair the interests of the Federal Republic of Germany.
- There is a public, in particular a 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 agreed to your taking up employment (as a rule, approval is obtained from the Foreigners' Registration Office). For the approval, among other things, your working conditions (especially salary) must be comparable to those of a German employee in the same position
Issue of residence permit: EUR 100,00
Amendment of an existing residence permit to obtain 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 fee 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 aliens' registration office responsible for your place of residence. 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 receiving 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 accepted, 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.
- There are fees for the issuing of the residence permit. The timing and form of payment vary depending on the authority.
- The residence permit should be applied for at least eight weeks before the expiry of your still valid visa or residence permit.
- The residence permit is issued for a limited period. The validity depends on the period of validity of your employment contract and the approval of the Federal Employment Agency.
- Objection period: 1 month
- 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 obtain free advice on the topics of entry, residence and employment from the "Working and Living in Germany Hotline" of 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.
- Residence permit for the purpose of gainful employment Issued for the purpose of employment in the public interest
- The residence permit is issued in justified individual cases if there is a public interest in the employment, in particular a regional, economic or labour market policy interest.
- Private economic, operational interests of the employer are not decisive.
- No special qualification is required.
- The Federal Employment Agency must approve the granting of the residence permit. The Federal Employment Agency examines in particular 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 authority can oblige the applicant to take part in an integration course.
- Depending on the foreigners authority and the issue, the application can be made via the Internet or in person.
- A fee is charged for the issuance of the residence permit. The time and form of payment vary depending on the authority.
- Employers can apply to the Aliens' Registration Office for the accelerated procedure for skilled workers if they wish to employ a worker from abroad on the basis of public interest.
Responsible: the foreigners authority responsible for the applicant's place of residence; for the accelerated procedure for skilled workers: The foreigners authority at the location of the place of business 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
The foreigners authority at the place of the place of business where the foreigner is to be employed, insofar as no central office has been set up to carry out the procedure.
The foreigners authority responsible for the applicant's place of residence
For the accelerated procedure for skilled workers
The foreigners authority at the place of the place of business where the foreigner is to be employed, insofar as no central office has been set up to carry out the procedure.
- Forms: Declaration of employment relationship (uniform nationwide); further forms specific to the authorities can be obtained from your foreigners authority; these may also be offered online.
- Online procedure possible in some cases
- Written form required: yes
- Personal appearance required: yes