Aufenthaltserlaubnis zur Beschäftigung unabhängig von einer Qualifikation als Fachkraft beantragen

§ Section 19c (1) AufenthG in conjunction with the Employment Ordinance

You can obtain a residence permit for employment regardless of your qualification as a skilled worker if you meet certain requirements for this.

The residence permit, regardless of qualification as a skilled worker, can be granted for employment stays resulting from the provisions of the Employment Ordinance, e.g. for seasonal employment, for domestic workers, specialty cooks, professional drivers.

Nationals of certain countries may also be granted a residence permit to pursue any employment, regardless of their personal qualifications, if they meet other requirements. These are nationals of the following states:

• Andorra, Australia, Israel, Japan, Canada, Republic of Korea, Monaco, New Zealand, San Marino, USA (§ 26 para. 1 Employment Ordinance).
• until the end of 2023 also: Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro and Serbia (§ 26 para. 2 Employment Regulation, so-called Western Balkans Regulation)

It is not a requirement that you are a skilled worker as defined by the Residence Act, i.e. you do not have to have a university degree or qualified vocational training.

The residence permit for employment regardless of qualification as a skilled worker is a temporary residence title. The duration of the time limit depends on the duration of the employment contract or results from the provisions of the employment regulation.

Before the residence permit is issued, the Federal Employment Agency must generally approve the employment, unless it follows from the provisions of the Employment Ordinance that approval by the Federal Agency is not required.

- Valid passport or passport replacement
- Visa, if this was required for entry into the country
- Original of your employment contract or a binding offer of employment (please use the nationwide standardized form Declaration of Employment Relationship for this purpose)
- Current biometric photo
- Proof of your health insurance
- Current certificate of registration
- Rental contract

• You have a recognized and valid passport or passport replacement and - if this was required for entry - an appropriate visa.
• There is no interest in deportation against you.
• You have a job or a job offer.
  Professional drivers and nationals of Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro or Serbia who have reached the age of 45 must provide proof of an employment contract or a binding job offer with a specified minimum salary. The minimum salary must reach 55 percent of the annual contribution assessment ceiling in the general pension insurance. This results in a minimum salary for 2022 of 46,530 euros per year. Even if this minimum salary is not reached, a residence permit may be issued upon presentation of proof of adequate retirement benefits or in special cases (e.g., if there is a public interest in the employment).
  The amount of the minimum salary is published for each year by the Federal Ministry of the Interior and Home Affairs in the Federal Gazette by December 31 of the previous year (see further information).
• You can secure your livelihood and health insurance coverage from your income without claiming public benefits.
• Your stay does not endanger or impair the interests of the Federal Republic of Germany.
• Further requirements may arise from the provisions of the Employment Ordinance.
• For further information on this, you can contact the responsible foreigners authority.

You must apply for the residence permit at the aliens' registration office responsible for your place of residence.

- Depending on the foreigners authority and your request, 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 received and your supporting documents will be reviewed (please bring them with you to the appointment). For the issuance of the electronic residence permit (eAT) your fingerprints will be taken.
- In the case of an electronic application, the Aliens' Registration Office will contact you after receiving your online application to make an appointment for an interview at the Aliens' Registration Office. During the appointment, your documents will be checked (please bring them to the appointment) and your fingerprints will be taken for the issuance of the eAT- card.
- If your application is approved, the Aliens' 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 Aliens' Registration Office.

- Application for a residence permit to pursue employment regardless of qualification as a skilled worker: no later than eight weeks before the expiration of your still valid visa or residence permit.
- Time limit for action: 1 month

• Residence permit for the purpose of employment, issued for the purpose of employment regardless of qualification as a specialist.
• The residence permit regardless of qualification as a specialist can be issued for employment stays resulting from the provisions of the Employment Ordinance.
• Nationals of certain countries (Andorra, Australia, Israel, Japan, Canada, Republic of Korea, Monaco, New Zealand, San Marino, USA, Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, Serbia) can also be admitted to any employment regardless of their qualification as a specialist.
• The residence permit for employment regardless of qualification as a specialist includes the "work permit".
• The residence permit is issued for a limited period of time.
• The period of validity depends on the duration of the employment contract or results from the provisions of the employment regulation.
• Persons with a residence permit for the purpose of non-qualified employment may obtain a settlement permit after fulfilling certain conditions
• Spouses of persons with a residence permit to pursue employment regardless of qualification as a skilled worker are also entitled to a residence permit.
• Depending on the foreigners authority and the request, the application is possible via the Internet or only in person.
• A fee is charged for the issuance of the residence permit. The time as well as the form of payment varies depending on the authority.
• Responsible: the foreigners authority responsible for the applicant's place of residence.

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

The immigration authority responsible for the applicant's place of residence.

• Forms: Declaration of employment relationship (standardized nationwide); further forms specific to the authorities can be obtained from your foreigners authority; these may also be offered online.
• Online procedure occasionally possible
• Written form required: yes
• Personal appearance required: yes