According to section 20 of the German Residence Act (Aufenthaltsgesetz) foreign skilled workers can be granted a residence permit to seek qualified employment under certain conditions.
A residence permit under section 20 of the German Residence Act is usually issued for a term of 6 months but no more than 18 months. A residence permit for seeking employment cannot be extended beyond the specified maximum periods in accordance with section 20 para. (4) sentence 2 of the German Residence Act.
Whether and for how long a residence permit for seeking employment will be granted depends on a number of factors such as:
- Is the skilled worker already residing in Germany or has he or she yet to enter?
- What training does the skilled worker have? Does he or she have academic training or vocational training? Were the qualifications obtained in Germany?
- Does the skilled worker have the required German language skills for the intended job?
- Can the skilled worker finance his or her own living?
As a rule, both skilled workers who are already in Germany and skilled workers residing abroad can be granted a residence permit for seeking employment. However, if the skilled worker is still residing abroad, he or she must first apply for a national visa to enter Germany with the competent German embassy or foreign mission.
Provided that their subsistence is secured, the following skilled workers may be granted a residence permit for seeking employment pursuant to section 20 of the German Residence Act:
Skilled workers with vocational training qualifications seeking employment pursuant to section 20 (1) of the German Residence Act (AufenthG)
Skilled workers with proven vocational training qualifications may be granted a residence permit for a term of up to 6 months. If the skilled worker did not complete his or her training in Germany but abroad, the equivalence of the professional qualifications must usually be established. In addition, the skilled worker must have German language skills (level B1).
If the skilled worker is already residing in Germany, a residence permit for seeking employment can only be granted if he or she was previously in possession of a residence title for the purpose of economic activity or for a study-related EU training programme pursuant to section 16e of the German Residence Act (AufenthG).
A residence permit for the purpose of seeking employment may be issued anew if the foreign citizen stayed abroad again for at least as long as he or she previously stayed in Germany with a residence permit pursuant to section 20 of the German Residence Act.
Skilled workers with a university degree seeking employment pursuant to section 20 (2) of the German Residence Act (AufenthG)
Skilled workers holding a university degree may be granted a residence permit for up to 6 months, the exact term being at the discretion of the relevant authority. The skilled worker does not have to provide evidence of German language skills.
A residence permit for the purpose of seeking employment may be issued anew if the foreign citizen stayed abroad again for at least as long as he or she previously stayed in Germany with a residence permit pursuant to section 20 of the German Residence Act.
Skilled workers seeking employment after successfully completing a course of study in Germany pursuant to section 20 (3) no. 1 of the German Residence Act (AufenthG)
Skilled workers who have successfully completed a course of study at a German university may be granted a residence permit for up to 8 months.
Skilled workers seeking employment after finishing their research activities pursuant to section 20 (3) no. 2 of the German Residence Act (AufenthG)
After finishing their research activities, skilled workers can be granted a residence permit for up to 9 months.
Skilled workers seeking employment after successfully completing qualified vocational training in Germany pursuant to section 20 (3) no. 3 of the German Residence Act (AufenthG)
Skilled workers who have successfully completed their training in Germany may be granted a residence permit for seeking employment for up to 12 months.
Establishment of the equivalence of qualifications pursuant to section 16 (3) no. 4 of the German Residence Act (AufenthG)
A skilled worker may be granted a residence permit for up to 12 months after the equivalence of his or her professional qualifications has been established or authorisation to practise a profession in Germany has been granted in the framework of a stay pursuant to section 16d of the German Residence Act.
According to section 16d of the German Residence Act, it is possible to obtain a residence permit for the purpose of having qualifications acquired abroad recognised or for establishing the equivalence of professional qualifications.
Important Note: This article has been prepared by lawyer Helmer Tieben for general information purposes only. Mr. Tieben does not accept any liability to any person or organisation for the use or reliance of the information contained in this article. On any specific matter, kindly contact us by dialing 0221 – 80187670 or sending us an email to info@mth-partner.de
Lawyers in Cologne provide legal advice on German immigration law.
