Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for an extension of the residence permit for the recognition of the professional qualification during employment

Description

If the validity of your residence permit ends before the deficiencies identified by the recognition body have been compensated, you can apply for the extension of your residence permit in order to continue the post-qualification.

Please note that the residence permit is issued for a maximum of two years. An extension of your residence permit is therefore only possible if this time frame has not yet been exhausted.

The extension must be applied for in good time before the end of the validity of your previous residence permit.

The same conditions apply to the extension of the residence permit as to the issuance of the residence permit. In particular, your livelihood should be secured for the duration of your stay.

Under certain circumstances, the Federal Employment Agency may have to approve the exercise of employment again. As part of the approval process, it examines, among other things, the working conditions.

The residence permit cannot be extended if it is clear that the post-qualification cannot be completed within a reasonable period of time or if the extension has already been excluded by the Foreigners' Registration Office when it was issued or the most recent extension.

Prerequisites

In principle, the same conditions must be met for the extension of the residence permit as for the first issuance of the residence permit. That is:

They are not yet able to prove that they have the skills, knowledge and abilities of operational practice that have been identified as lacking by the recognition body. You would therefore like to continue your employment in the non-regulated profession in order to create the conditions for the full recognition of your foreign professional qualification.
The maximum validity period of your residence permit of two years has not yet been exhausted.
Your employer has assured in the employment contract that he will continue to provide you with professional recognition.
You can secure your livelihood and health insurance coverage for the rest of your stay from your own resources without using public services.
You have German language skills that correspond to your job; as a rule, at least language skills at level A 2 of the Common European Framework of Reference for Languages.
If necessary, the Federal Employment Agency has agreed to continue your employment (consent is usually obtained from the Foreigners' Registration Office).
There is no interest in expulsion against you.
Their stay does not endanger or impair the interests of the Federal Republic of Germany.

Required documents

In principle, the extension of your residence permit requires the submission of the same documents as for the first issue:

Recognized and valid identity document (e.g. passport or passport substitute)
Up-to-date biometric photo in the passport (45 x 35 mm)
Employment contract and the "Declaration of Employment Relationship" form completed and signed by the employer (see forms)
Presentation of how the missing skills, knowledge and abilities are to be compensated for (e.g. further training plan)
Proof of securing a livelihood (e.g. from one's own assets, payment of a security deposit into a blocked account, bank guarantee, declaration of commitment, scholarship, proof of receipt of benefits such as parents or child benefit, proof of parents' income or similar)
Proof of health insurance coverage (e.g. confirmation of health insurance coverage or insurance policy)

The documents and information must always be submitted in German. In individual cases, the Foreigners' Registration Office may require less or more evidence.

If necessary, you may have to submit proof of your language skills or the deficit notice from the recognition office to the Foreigners' Registration Office again.

Fees (costs)

96.00 EURO for a further stay of up to three months for adult applicants
93.00 EURO for a further stay of more than three months for adult applicants

Remark:

Additional fees may apply for the issuance of a new residence permit in the form of an electronic residence permit (eAT card), which can also be used as electronic proof of identity.

The timing and form of fee collection and payment vary depending on the authority.

In certain cases, fee reductions or exemptions may be considered (e.g. for persons entitled to asylum or recognised refugees). Lower fees may apply for Turkish nationals.

§ 45 No. 2 Residence Ordinance (AufenthV)

Deadlines

Application deadline:

approx. 6 weeks to 8 weeks

The extension of the residence permit must be applied for before the validity of the current residence permit ends. The application should be received by the Foreigners' Registration Office at least six to eight weeks before the expiry of the residence permit.

Duration:

max. 2 years

Note (for more information on the deadline):

The residence permit is usually limited to two years when it is first issued (maximum period of validity). An extension of the residence permit can therefore only be considered if this time frame has not yet been exhausted.

The extension must be applied for at the Foreigners' Registration Office in good time before the expiry of the validity of the previous residence permit.

Processing time

approx. 6 weeks to 8 weeks

Note for further information on processing time:

The processing time may vary depending on the workload of the Foreigners' Registration Office.

It takes about 4 to 6 weeks for Bundesdruckerei to produce the electronic residence permit.

Legal remedy

Objection to the decision of the Foreigners' Registration Office within one month of notification
Bringing an action before the court named in the notice of opposition if the objection is not upheld

Responsible body

Foreigners' Registration Office

Applications / Forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Procedure

Find out whether your Foreigners' Registration Office allows you to apply online or has a special application form.
If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receipt of your application to make an appointment.
During the appointment, your identity and documents will be checked (please bring your documents, if possible in the original, with you to the appointment).
If your application is granted, your fingerprints will be taken in the form of a new electronic residence permit (eAT card) for the production of the residence permit.
The Foreigners' Registration Office commissions the production of the eAT card from Bundesdruckerei. After completion, you will receive information and can pick up the eAT card from the responsible office. The eAT card must always be picked up in person.
If your application is rejected, you will receive a rejection notice.

Further information

Non-regulated professions are professions without specific government requirements for their practice. This means that there is no professional license that would be necessary to work in the profession. In Germany, for example, all professions based on dual vocational training are not regulated.
The residence permit does not entitle the holder to pursue gainful employment that goes beyond the employment for post-qualification.
After obtaining the equivalence of the professional qualification, it is possible to stay for up to twelve months to look for a job (Section 20 (3) No. 4 of the Residence Act).
In individual cases, the Employer Service of the Federal Employment Agency advises the competent immigration authority in the accelerated procedure for skilled workers. The "Central Service Centre for Professional Recognition" can also be contacted for individual cases.
The procedure at the Foreigners' Registration Office is usually carried out in German.
All information provided to the Foreigners' Registration Office should be correct and complete to the best of our knowledge and belief so that the request can be processed without major delays.
Incorrect or incomplete information can slow down the procedure and be detrimental to the persons concerned. In the event of an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation of residence rights already granted, a fine, imprisonment of up to three years or expulsion from the federal territory.
Due to the complexity of the right of residence, this description is for information purposes only and is not legally binding.