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Residence permit for the purpose of gainful employment Issued for the purpose of employment in the public interest
Under certain conditions, you can apply for a residence permit if there is a public interest in your employment, in particular a regional, economic or labor market policy interest. However, a formal qualification is not required.
Your responsible authority
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Forms
- Forms: Declaration on the employment relationship (standardized nationwide ); you can obtain other forms specific to the authorities from your foreigners authority; these may also be available online
- Online procedure occasionally possible
- Written form required: yes
- Personal appearance required: yes
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Detailed description
You can apply for a residence permit for gainful employment if there is a public interest in your employment, in particular a regional, economic or labor market policy interest.
The residence permit for employment in the 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 substantial investments and/or a significant number of jobs are created or secured; if the establishment of the company is associated with a sustainable improvement in the sales or market opportunities of domestic companies or if it involves the establishment of a production plant for technically high-quality (future-proof) and/or particularly environmentally friendly products (economic interests).
- if the employment maintains or creates jobs (labor market policy interests).
The private economic, operational interest of an employer alone is not sufficient to justify a public interest in employment.
You do not have to prove your qualifications. Recognition of their qualifications acquired abroad is also not required.
The Federal Employment Agency must give its approval before the residence permit is issued. The Federal Employment Agency also checks whether there is an interest in the labor market. Approval is granted for a maximum of four years.
If the residence permit is granted, it will be limited in time. Its validity depends on your employment contract or the period of validity of the Federal Employment Agency's approval.
Under certain circumstances, the immigration authority may require 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 apply for the accelerated skilled worker procedure at the foreigners authority on behalf of the foreigner, which can facilitate and accelerate entry.
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Requirements
- You have a recognized and valid passport or passport substitute and - if required for entry - an appropriate visa.
- There is no interest in deporting you.
- Your stay does not jeopardize or impair the interests of the Federal Republic of Germany.
- There is a public interest in your employment, in particular a regional, economic or labor market policy interest.
- You have an employment contract or a binding job offer.
- The Federal Employment Agency has approved your taking up employment (approval is usually obtained from the Foreigners' Registration Office). For approval to be granted, your working conditions (in particular salary) must be comparable to those of a German employee in the same position
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Documents
- Valid passport
- Original of your employment contract or a binding job offer (please use the nationwide standardized employment declaration form)
- Current biometric photo
- Current registration certificate
- Proof of your health insurance
- Tenancy agreement
- In addition
- if you have recently entered the country:
- Visa, if this was required for entry
and in the case of a previous stay:
- Current residence permit or other certificate of right of residence (e.g. Aufenthaltsgestattung, Duldung)
- Further documents are required for the accelerated skilled worker procedure. Please contact the relevant immigration office for this.
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Fees
Issuing a 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 circumstances, a fee reduction or fee exemption may be possible.
Note: The residence permit is issued as an electronic residence permit. The fee for reissuing the card body is EUR 67.00
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Process
You must apply for a residence permit at the foreigners authority responsible for your place of residence. The procedure is as follows:
- 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 applications for residence permits.
- If you can only apply in person, make an appointment with the immigration office. During the appointment, your application will be accepted and your supporting documents checked (bring these 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 Immigration Office will contact you after receiving your online application to arrange an appointment at the Immigration 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 permit (eAT card).
- If your application is approved, the Foreigners' Registration Office will arrange for the eAT card to be issued.
- After about six to eight weeks, you can collect the eAT card from the immigration office.
- The eAT card must always be collected in person.
- Fees are charged for the issue of the residence permit. The time and form of payment vary depending on the authority.
Responsible in the state of Brandenburg is the foreigners authority of the district/city;
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Duration
about six to eight weeks
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Deadline
- The residence permit should be applied for at least eight weeks before your valid visa or residence permit expires.
- The residence permit is issued for a limited period. Its validity depends on the period of validity of your employment contract and the approval of the Federal Employment Agency.
- Objection period: 1 month
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Responsible authority
The immigration authority responsible for the applicant's place of residence
For the accelerated skilled worker procedure:
Foreigners' Registration Office at the place of work where the foreigner is to be employed, unless a central office has been set up to carry out the procedure
Responsible in the state of Brandenburg is the foreigners authority of the district/city;
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Point of contact
The immigration authority responsible for the applicant's place of residence
For the accelerated skilled worker procedure:
Foreigners' Registration Office at the place of work where the foreigner is to be employed, unless a central office has been set up to carry out the procedure
Responsible in the state of Brandenburg is the foreigners authority of the district/city;
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Legal basis
§ Section 19c (3) AufenthG
§ Section 39 (3) Residence Act (AufenthG)
§ Section 35 Employment Ordinance (BeschV)
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More information
- Federal government portal 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 to 16:00
- Federal government portal for skilled workers from abroad
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Approved
Ministry of the Interior and Municipal Affairs
of the State of Brandenburg
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Approved date
19.05.2020