Residence permit; application for the purpose of gainful employment in the case of qualified employment as a skilled worker with academic training

Foreign nationals from third countries generally require a residence permit to take up employment in Germany. Since March 1, 2020, all third-country nationals in possession of a residence permit are permitted to work unless prohibited by law.

The Skilled Immigration Act is aimed in particular at skilled workers. Skilled workers are foreigners

• who have a German, a recognized foreign or a foreign university degree comparable to a German university degree (= skilled workers with academic training) or
• a domestic qualified vocational training or an equivalent foreign professional qualification (= skilled workers with vocational training)

have.

The following applies to skilled workers: if they have an employment contract and a recognized qualification (university degree or qualified vocational training), they can work in all professions for which they are qualified under the new regulations.

Furthermore, since March 1, 2020, it has been possible for skilled workers to obtain a residence permit to look for a job or a training place under certain conditions as part of potential immigration. Proof of the existence of a specific job before entering Germany to take up gainful employment is not required in this context.

Residence permits for employment as a skilled worker require the approval of the Federal Employment Agency. The subject of this so-called labor market examination is the working conditions in comparison to domestic employees, the examination of employment suitable for skilled workers and the existence of a domestic employment relationship.

Residence permits for skilled workers with training acquired abroad generally require equivalence of qualifications. As foreign qualifications and German requirements often do not match exactly, equivalence must be determined as part of a recognition procedure. If the full equivalence of the training acquired abroad could not be established prior to entry, it is possible under certain conditions to obtain a residence permit for post-qualification for the purpose of recognition of the qualification acquired abroad and to pursue qualified employment during the qualification. Appropriate service points are set up for skilled workers seeking recognition.

In exceptional cases precisely defined by law, the requirement for a formal, equivalent qualification is waived and immigration for the purpose of taking up employment is possible solely on the basis of strong practical professional knowledge.

Entry for employment as a skilled worker: The requirements for a residence permit for employment as a skilled worker are in particular that

• there is a concrete job offer for qualified employment for which the acquired qualification qualifies
• the Federal Employment Agency has agreed - without a priority check as to whether the position can be filled by a German or EU citizen
• a license to practice the profession has been issued, insofar as this is required
• the equivalence of the qualification has been established or a recognized or comparable foreign university degree is available
• if the permit is granted for the first time to persons aged 45 and over, the salary is at least 55% of the annual contribution assessment ceiling for the general pension insurance scheme

Entry for training: A foreigner receives a residence permit for training and further education if

• the Federal Employment Agency has given its consent or the pursuit of employment is permitted by regulation or intergovernmental agreement and a priority check has been carried out
• a training contract has been concluded prior to entry
• sufficient German language skills (B1 level) have been proven
• the livelihood is secured

Entry to look for a training place: A foreigner can enter the country to look for a training place if

• they have not yet reached the age of 25,
• their livelihood is secured,
• they have a degree from a German school abroad or a school-leaving qualification that entitles them to enter higher education
• they have good German language skills (B2 level)

Entry for post-qualification and recognition of acquired qualification: Under certain conditions, a foreigner can be granted a residence permit for post-qualification for the purpose of recognition of their professional qualification. During the recognition procedure, the foreigner may already be employed in the desired occupational field. By taking up employment, knowledge and skills can already be used and deepened in a professional environment and a livelihood can be secured.

Immigration of non-skilled workers: A foreigner can obtain a residence permit for employment, regardless of qualifications as a skilled worker, if this is permitted by regulation or intergovernmental agreements. Under certain conditions, this also applies to foreigners working in the ICT sector.

Entry to look for a job: A foreign skilled worker can be granted a residence permit for up to six months to look for a job for which they are qualified.

Accelerated procedure for skilled workers: Under the accelerated procedure, for an increased fee (411 euros), companies in Germany can obtain the necessary permits for the entry and residence of a skilled worker they require much more quickly than before. In this procedure, the future German employer acts on behalf of the foreigner wishing to enter the country. The basis for the accelerated procedure is an administrative agreement between the company and the responsible immigration authority. Information on the accelerated procedure for skilled workers, in particular on the group of beneficiaries, can be obtained from the foreigners authority where the company for which the employment is to take place is based, as well as from the Central Office for the Immigration of Skilled Workers (ZSEF) in Nuremberg. The ZSEF is a service center that was created as a point of contact for employers specifically for the implementation of the accelerated skilled worker procedure. It provides advice throughout Bavaria by telephone, email and video call. Employers are free to decide whether they wish to carry out the accelerated skilled worker procedure at the ZSEF or at the local immigration authority.

Reasons for refusal: A foreigner will not be issued a residence permit under the Skilled Immigration Act if

• he/she is staying in an EU Member State on the basis of an application for refugee status or subsidiary protection,
• they enjoy international protection in an EU Member State,
• they are staying in an EU Member State under a temporary protection regime,
• he/she has lodged an application for temporary protection in an EU Member State,
• he is tolerated in an EU Member State,
• they are in possession of an EU permanent residence permit,
• they enjoy the right to free movement.

• As a rule, however, the following documents are required:
  
  • gültiger Pass
  • aktuelles biometrisches Lichtbild (Frontalaufnahme)
  • Nachweis der Erfüllung der Pass- und Visumpflicht
  • Nachweis über Krankenversicherungsschutz 
  • Nachweis des Hochschulabschlusses
  • Nachweis des Arbeitsplatzes oder Arbeitsplatzangebotes

  Die vorzulegenden Unterlagen können stark variieren.

• Valid for up to one year: EUR 100
• Valid for more than one year: EUR 100
• Extension up to three months: 96 EUR
• Extension for more than three months: EUR 93

Under certain conditions, exemptions or reductions in costs are available.