Applying for residence for the purpose of employment

Do you have foreign citizenship and would like to work in Germany? Then you need

• a residence permit for the purpose of employment and previously
• in most cases, a national visa to enter Germany.

Exception: Citizens of EU countries have access to the labour market on the basis of their right to free movement. You can exercise a self-employed activity or employment in Germany within the framework of the right of establishment or the free movement of workers. This also applies to other citizens of the European Economic Area (EEA) and to nationals of Switzerland.

Citizens of Australia, Israel, Japan, Canada, New Zealand, South Korea and the United States of America may obtain the required residence permit even after entering the country. The competent authority is the foreigners' authority of the place where the foreigner will take up residence in Germany.

The residence permit for the purpose of employment is temporary. You can have it extended on request.

• for the issue of a national visa before entering Germany: the German mission abroad (embassy, consulate)
• after entry: the foreigners authority in whose district you usually reside.
  Foreigners authorities in Hesse are the district councils and mayors of the independent towns and towns belonging to the district with more than 50,000 inhabitants

Tip: The Federal Foreign Office provides a list of German representations abroad on its website.

• Proof of compliance with passport and visa requirements
• Proof of secure livelihood
• Proof that you meet the factual and personal requirements for labour migration
• Proof of job or job offer
• Proof that there are no grounds for expulsion against you
• Proof that you do not endanger or impair the interests of the Federal Republic of Germany

The requirements for a residence permit are

• You fulfill the passport and visa requirements.
  For the passport requirement, it is sufficient if you have a replacement identity document.
• Your means of subsistence are secured without you drawing on public funds.
  Your means of subsistence are deemed to be secure if you
  • Income in the amount of the basic social assistance rate plus
  • costs for accommodation and heating and
  • any health insurance contributions.
• There are no grounds for deportation against you.
• Your stay does not jeopardize or impair the interests of the Federal Republic of Germany.
• You meet the factual and personal requirements for labor migration.
• You have a job or a concrete job offer.
• The Federal Employment Agency agrees to issue the residence permit.

Note: You will only receive the residence permit if you have a concrete job offer. Your permit will be based on the requirements of Germany as a business location and the conditions on the labor market. In certain professions or for nationals of certain countries, admission to employment is at the discretion of the authorities. In justified individual cases, admission may be granted if there is a public interest in the employment.

Both new arrivals and third-country nationals who already have their place of residence or habitual abode in Germany generally require the approval of the Job Agency's Central Placement Office to take up employment in Germany. This is obtained in an internal procedure by the responsible immigration authority. It is therefore only necessary to submit an application to the relevant immigration authority.

Approval is usually granted if

• a legal provision grants access to the German labor market,
• the employment will not have a negative impact on the labor market,
• preferred employees (Germans, EU citizens, citizens of EEA states) are not available (so-called priority check),
• the foreign nationals are not employed under less favorable working conditions than comparable German employees.

The approval can be subject to restrictions with regard to the professional activity, the employer, the district of the employment agency, the location and the distribution of working hours, which can be taken from the residence permit.

According to the new Integration Act, the priority check will be suspended for a limited period of three years for asylum seekers and tolerated persons, thus also enabling temporary employment. In order to avoid possible negative effects in regions with a tight labor market situation, the federal states themselves are to determine in which employment agency districts the regulation will apply.

Before entering Germany, you must apply for a national visa in your home country. The representation of the Federal Republic of Germany will involve the relevant immigration authority. In the visa procedure, you must provide information about your job in Germany. This enables the authority to check whether the Federal Employment Agency has to approve your employment.

After entering Germany, you must apply for a residence permit in writing to the immigration authority before your visa expires. Depending on where you live, the foreigners authority is the municipal administration or the district office.

Note: The foreigners authority will obtain the approval of the Federal Employment Agency if this is required.

Please note that you must submit an extension application to the Foreigners' Registration Office before your residence permit expires.

Since 01.09.2011, you will receive the residence permit in the form of a check card with additional electronic functions. You can find more information on this under "Applying for an electronic residence permit (eAT)".

4 - 6 weeks

• Issue: 100,00 Euro
• Extension up to 3 months: 96,00 Euro
• Extension of more than 3 months: 93,00 Euro

• Your husband or wife and children who have not yet reached the age of majority have a right to family reunification. They are also allowed to take up gainful employment.
• In special cases,highly qualified persons can receive a settlement permit immediately after entering the country.
• If you want to be self-employed, you can obtain a residence permit under certain conditions.