Residence Permit for Work in a Training Profession
To whom does this regulation apply?
The Residence Act defines the principle of immigration of skilled workers: This serves to "secure the needs of the German labour market for skilled workers" and is oriented towards the "requirements of Germany as a location for business and science".
Therefore, if you have completed a domestic qualified vocational training or have an equivalent qualification, you can apply for a residence permit for the purpose of gainful employment as a specialist with vocational training.
Knowledge of German is not required by law, but is at least helpful, if not necessary, in the exercise of the profession and almost indispensable for active participation in social life. If you can prove B1 knowledge after 4 years, you can apply for a settlement permit directly.
What are the requirements?
Job offer
In order to issue a residence permit for the purpose of gainful employment, there must be a concrete job offer or even an employment contract for qualified employment. The qualification must enable employment, so it is also possible to work related professions, e.B. a baker can also work as a confectioner. With the form "Declaration of employment relationship" such a job offer can be proven.
Approval of the Federal Government for Labour
Generally, the Federal Agency must approve the employment. However, there are also a few exceptions that are regulated in the Employment Ordinance. In doing so, the BA checks whether the working conditions – e.B salary, working hours, holiday time regulations – are comparable to those of domestic employees.
Recognition of the qualification
Before a residence permit can be issued, the equivalence of the foreign qualification must always be determined, provided that no vocational training has been completed in Germany. If there are no significant differences in training or occupational profile, the recognition or equivalence certificate certifies full equivalence with the German reference profession.
Professional license
In the case of regulated professions (these include above all professions in the health and pedagogical field, but also some technical professions), a professional license is required. This is granted if the equivalence of the qualification is also established.
Minimum salary
A minimum salary of €45,540 (as of 2020) or an adequate pension must only be proven for skilled workers with vocational training if they are older than 45 years.
Securing your livelihood
A minimum salary of €45,540 (as of 2020) or an adequate pension must only be proven for skilled workers with vocational training if they are older than 45 years.
Passport and proven identity
For the issuance of the visa and later the residence permit, the identity of the person moving in must be clarified, and a passport must also be present.
No interest in expulsion
There must be no reason for expulsion, such as endangering public security (e.B. in the case of criminal offences).
No entry or residence ban
If someone has already applied for asylum in Germany or another Schengen state, e.B, he or she must not have been deported from there, as there is then an entry ban in this case. You have to be particularly careful after a rejection of people from so-called "safe countries of origin", because then certain residence permits are blocked, even if the person has not yet been deported. If there is an entry ban, each case has to be looked at individually, to ascertain how its duration can be shortened.
Entry with required visa
If family reunification is planned, entry must also be made with a visa for family reunification, otherwise usually, no residence permit can be issued – even if all other conditions are met. This also applies if a short-term stay is possible with a tourist visa or even visa-free.
Special provision
For some occupational groups, the Federal Agency can also give its consent regardless of the qualification as a specialist:
The Federal Employment Agency can grant language teachers approval for the residence permit in order to provide mother-tongue teaching in schools. The same applies – with priority check – to specialty chefs for the exercise of an employment in a specialty restaurant. This is regulated in § 11 of the Employment Ordinance.
The Federal Employment Agency can issue a work permit or consent for the residence permit to foreigners who have been placed for seasonal employment of at least 30 hours per week in agriculture, forestry, horticulture, hotels and restaurants, fruit and vegetable processing and sawmills. This employment may not exceed 6 months in a period of 12 months. The conditions for seasonal employment are regulated in § 15a of the Employment Ordinance. A list of the nationals to which paragraphs 1 and 2 apply is set out in the Annex to Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018.
The Federal Employment Agency can give consent if the person holds an EU or EEA driving licence and has completed an initial qualification or accelerated initial qualification. The exact requirements are listed in § 24a of the Employment Ordinance.