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Aufenthaltserlaubnis zum Zweck der Erwerbstätigkeit Erteilung zum Zweck der Beschäftigung unabhängig von einer Qualifikation als Fachkraft

Hessen 99010020001002, 99010020001002 Typ 2/3

Inhalt

Leistungsschlüssel

99010020001002, 99010020001002

Leistungsbezeichnung

Residence permit for the purpose of gainful employment Issue for the purpose of employment irrespective of a qualification as a skilled worker

Leistungsbezeichnung II

nicht vorhanden

Leistungstypisierung

Typ 2/3

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung und Detail

Leistungsgruppierung

Aufenthaltstitel (010)

Verrichtungskennung

Erteilung (001)

Verrichtungsdetail

for the purpose of employment, irrespective of qualification as a skilled worker

SDG Informationsbereiche

  • Anforderungen in Bezug auf Aufenthaltskarten für Unionsbürger und ihre Familienmitglieder, einschließlich Familienmitglieder, die keine Unionsbürger sind

Lagen Portalverbund

  • Einwanderung (1080100)

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

28.12.2022

Fachlich freigegeben durch

Hessian Ministry of the Interior and Sport

Handlungsgrundlage

§ 19c paragraph 1 Residence Act (AufenthG)
§ 26 Employment Ordinance (BeschV)

Teaser

Regardless of your qualification as a specialist, you can obtain a residence permit for the purpose of employment if you meet certain requirements.

Volltext

The residence permit, regardless of the qualification as a specialist, can be issued for employment stays resulting from the provisions of the Employment Ordinance, e.g. for seasonal employment, for household employees, speciality chefs, professional drivers.

Nationals of certain countries, regardless of their personal qualifications, may also obtain a residence permit for the purpose of any occupation if they meet other requirements. They are nationals of the following countries:

  • Andorra, Australia, Israel, Japan, Canada, Republic of Korea, Monaco, New Zealand, San Marino, Great Britain and Northern Ireland and USA (§ 26 para. 1 Employment Ordinance)
  • By the end of 2023 also: Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia (§ 26 para. 2 Employment Ordinance, so-called "Western Balkans Regulation")

It is not a prerequisite that you are a specialist within the meaning of the Residence Act, i.e. you do not have to have a university degree or qualified vocational training.

The residence permit for the purpose of employment, regardless of the qualification as a specialist, is a temporary residence permit. The duration of the fixed-term contract depends on the duration of the employment contract or results from the provisions of the Employment Ordinance.

Before the residence permit is issued, the Federal Employment Agency must in principle approve the employment, unless it follows from the provisions of the Employment Ordinance that the consent of the Federal Agency is not required.

Erforderliche Unterlagen

  • Valid passport
  • Visa, if required for entry
  • Original of your employment contract or a binding job offer (please use the nationwide form Declaration of Employment Relationship)
  • Current biometric photo
  • Proof of your health insurance
  • Current registration certificate
  • Lease

Voraussetzungen

  • You have a recognised and valid passport or passport substitute and - if this was required for entry - an appropriate visa.
  • There is no interest in expulsion against you.
  • You have a job or a job offer.
    Professional drivers and nationals of Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro or Serbia who have reached the age of 45 must provide proof of an employment contract or a binding job offer with a certain minimum salary. The minimum salary must reach 55 percent of the annual contribution assessment ceiling in the general pension insurance. Even if this minimum salary is not reached, a residence permit may be issued on presentation of proof of adequate retirement provision or in special cases (e.g. if there is a public interest in employment).
    The amount of the contribution assessment ceiling is announced for each year by 31 December of the previous year by the Federal Ministry of the Interior, Building and Community in the Federal Gazette (see further information).
  • You can secure your livelihood and health insurance coverage from your income without using public benefits.
  • Your stay does not endanger or impair the interests of the Federal Republic of Germany.
  • Further requirements may arise from the provisions of the Employment Ordinance.
  • For further information, you can contact the responsible immigration authority.

Kosten

  • Issuance of a residence permit for the purpose of skilled employment, irrespective of qualification as a specialist: EUR 100
  • Under certain conditions, a fee reduction or exemption may be considered.

Verfahrensablauf

The issuance of the residence permit must be applied for at the immigration authority responsible for your place of residence.

  • Depending on the immigration authority and concerns, it may be possible to apply via the Internet. Find out whether your immigration authority offers the electronic application for a residence permit.
  • If the application is only possible in person, make an appointment with the Foreigners' Registration Office.
  • During the appointment, your application will be received and your supporting documents will be checked (please bring them with you to the appointment). Your fingerprints will be taken for the issuance of the electronic residence permit (eAT).
  • In the event of an electronic application, the Foreigners' Registration Office will contact you upon receipt of your online application in order to arrange an appointment for an interview at the Foreigners' Registration Office. During the appointment, your proof will be checked (please bring them with you to the appointment) and your fingerprints will be taken for the issuance of the eAT card.
  • If your application is granted, the Foreigners' Registration Office will arrange for the eAT card to be produced.
  • After about six to eight weeks, you can pick up your eAT card at the Foreigners' Registration Office

Bearbeitungsdauer

about six to eight weeks

Frist

  • Application for a residence permit for employment regardless of qualification as a specialist: at the latest eight weeks before the expiry of your still valid visa or residence permit.
  • Opposition period: 1 month

Weiterführende Informationen

nicht vorhanden

Hinweise

nicht vorhanden

Rechtsbehelf

nicht vorhanden

Kurztext

  • Residence permit for the purpose of gainful employment Issue for the purpose of employment irrespective of a qualification as a specialist.
  • The residence permit, irrespective of the qualification as a specialist, can be issued for periods of employment resulting from the provisions of the Employment Ordinance.
  • Nationals of certain countries (Andorra, Australia, Israel, Japan, Canada, Republic of Korea, Monaco, New Zealand, San Marino, Great Britain and Northern Ireland, USA, Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, Serbia) can also be admitted to any employment, regardless of their qualification as a specialist.
  • The residence permit for the exercise of employment, regardless of the qualification as a specialist, includes the "work permit".
  • The residence permit is issued for a limited period.
  • The period of validity depends on the duration of the employment contract or results from the provisions of the Employment Regulation.
  • Persons with a residence permit for the purpose of unskilled employment can obtain a settlement permit after fulfilling certain conditions.
  • Spouses of persons with a residence permit for the purpose of employment, regardless of their qualification as a specialist, are also entitled to a residence permit.
  • Depending on the immigration authority and concerns, the application is possible via the Internet or only in person.
  • There is a fee for the issuance of the residence permit. The timing and form of payment vary depending on the authority.
  • Responsible: the immigration authority responsible for the applicant's place of residence

Ansprechpunkt

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

Zuständige Stelle

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

Formulare

  • Forms: Declaration of employment relationship (uniform throughout Germany)
  • Further authority-specific forms can be obtained from your Foreigners' Registration Office, which may also be offered online.
  • Written form required: Yes
  • Personal attendance required: yes