Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a residence permit for the purpose of employment in the public interest

Description

You can apply for a residence permit for gainful employment if there is a public, in particular a regional, economic or labour market policy interest in your employment.

The residence permit for employment on the basis of 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 considerable investments and/or a significant number of jobs are created or secured; if the establishment of the enterprise is associated with a sustained improvement in the sales or market opportunities of domestic enterprises or if it involves the establishment of a production plant for technically high-quality (future-proof) and/or particularly environmentally compatible products (economic interests).
if the employment preserves or creates jobs (labour market policy interests).

The private economic, operational interest of an employer alone is not sufficient to establish a public interest in employment.

They do not have to prove that they are qualified. Recognition of their qualification acquired abroad is also not required.

Before the residence permit is issued, the Federal Employment Agency must give its approval. This Federal Employment Agency also checks whether there is a labour market policy interest. The approval is granted for a maximum of four years.

If the residence permit is granted, it is limited in time. The validity depends on your employment contract or the period of validity of the approval of the Federal Employment Agency.

Under certain circumstances, the Aliens' Registration Office may oblige you to take part in 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 with the power of attorney of the foreigner, with which the entry can be facilitated and accelerated.

Prerequisites

You have a recognised and valid passport or passport replacement and - if required for entry - an appropriate visa.
There is no interest in deportation against you.
Your stay does not endanger or impair the interests of the Federal Republic of Germany.
There is a public, in particular a regional, economic or labour market policy interest in your employment.
You have an employment contract or a binding job offer.
The Federal Employment Agency has agreed to your taking up employment (as a rule, approval is obtained from the Foreigners' Registration Office). For the approval, among other things, your working conditions (especially salary) must be comparable to those of a German employee in the same position

Required documents

Valid passport
Original of your employment contract or a binding job offer (please use the nationwide standard form Declaration of Employment Relationship )
Current biometric photo
Current certificate of registration
Proof of health insurance
Rental contract

Also
If you have recently entered the country:

Visa, if this was required for the entry

as well as in case of previous residence

Current residence title or other certificate of right of residence (e.g. Aufenthaltsgestattung, Duldung).
Further documents are required for the accelerated procedure for skilled workers. Please contact the foreigners authority responsible for this.

Fees (costs)

Issue of 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 conditions, a fee reduction or fee exemption may be considered.

Note: The residence permit is issued as an electronic residence title. The fee for the reissue of the card body is EUR 67.00.

Deadlines

The residence permit should be applied for at least eight weeks before the expiry of your still valid visa or residence permit.
The residence permit is issued for a limited period. The validity depends on the period of validity of your employment contract and the approval of the Federal Employment Agency.
Objection period: 1 month

Processing time

about six to eight weeks

Responsible body

The foreigners authority responsible for the applicant's place of residence

For the accelerated procedure for skilled workers

The foreigners authority at the place of the place of business where the foreigner is to be employed, insofar as no central office has been set up to carry out the procedure.

Applications / Forms

Forms: Declaration of employment relationship (uniform nationwide); further forms specific to the authorities can be obtained from your foreigners authority; these may also be offered online.
Online procedure possible in some cases
Written form required: yes
Personal appearance required: yes

Procedure

The residence permit must be applied for at the aliens' registration office responsible for your place of residence. The procedure is as follows:

Depending on the foreigners authority and your concerns, it may be possible to apply via the internet. Find out whether your foreigners authority offers electronic application for the residence permit.
If the application is only possible in person, make an appointment with the Aliens' Registration Office. During the appointment, your application will be accepted and your supporting documents will be checked (bring them 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 Aliens' Registration Office will contact you after receiving your online application to arrange an appointment at the Aliens' Registration Office if necessary. During the appointment, your documents will be checked (please 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 accepted, the Aliens' Registration Office will arrange for the eAT card to be produced.
After about six to eight weeks you can collect the eAT card from the Aliens' Registration Office.
The eAT card must always be collected in person.
There are fees for the issuing of the residence permit. The timing and form of payment vary depending on the authority.