Applying for a residence permit for au pair workers (non-EU/EEA)

Related forms and processes

Prerequisite

• You possess
  • a health insurance policy
  • a concluded au pair contract and
  • a valid national visa "for au pair employment".
• You are at least 18 years old and not older than 27 years.
• You have a basic knowledge of the German language (A1) and
• You have registered with your host family with your main residence.
• In your host family
  • one adult has German citizenship or the citizenship of an EU/EEA country or Switzerland and
  • german is spoken as a mother tongue. The family can also come from a German-speaking country or part of the country where German is spoken as a mother tongue. If the family does not speak German as a mother tongue but does speak German as a family language, the competent authority can only allow your stay if you do not come from the host parents' home country. A family includes married couples with a child and unmarried couples or single parents with a child in the same household.
• The Federal Employment Agency approves your employment.

Responsible department

• for the issuance of a national visa before entering the territory of the Federal Republic of Germany: the German mission abroad (embassy, consulate)

• after entry: the Foreigners' Registration Office,
• The foreigners authority is
  • if you live in a city district or in a large district town: the city administration
  • if you live in a town or municipality belonging to a district: the district administration office (Landratsamt)

Procedure

Before entering Germany, you must apply for a national visa for au pairs in your home country, if necessary.

After entering Germany, you must first register your main residence.

Afterwards, you apply for the residence permit in writing at the competent office. If the approval of the Federal Employment Agency is required, the Foreigners' Registration Office will obtain it.

Attention: If you enter Germany without a visa, you may only work as an au pair after you have received the residence permit for the au pair employment. This does not apply if you are a citizen or national of Switzerland.

Taking up work before the residence permit has been issued may result in criminal proceedings and fines and have a negative effect on your residence status.

The residence permit is valid for a maximum of one year and cannot be extended for the same purpose .

Deadlines

Apply for the residence permit before your visa or visa-free stay expires.

Required documents

• valid passport
• a recent passport photo
• Proof of registration with the host family as your main place of residence
• Proof of health insurance
• Au pair contract

Costs

EUR 100.00

Miscellaneous

Please apply for your residence permit before the expiry of 90 days after your entry or before the expiry of your visa.

Tip: Despite existing visa exemption, it may be advisable in individual cases to enter Germany with a visa for au pair employment. Please enquire at the German representation in your home country.

Appeal

• Remonstration (appeal) in the visa procedure
• Objection
• Action before the administrative court

Legal basis

Aufenthaltsgesetz (AufenthG):

• § 4Erfordernis eines Aufenthaltstitels
• § 6 Abs. 3Nationales Visum
• § 19cAufenthaltserlaubnis für die Beschäftigung
• § 39Zustimmung der Bundesagentur für Arbeit

Sozialgesetzbuch Drittes Buch (SGB III):

• § 284Arbeitsgenehmigung-EU für Staatsangehörige der neuen EU-Mitgliedstaaten

Beschäftigungsverordnung (BeschV):

• § 12Au-pair-Beschäftigungen

Nr. 1 Aufenthaltsverordnung (AufenthV):

• § 45 Nr. 1Gebühren für die Aufenthaltserlaubnis

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 15.10.2024