Apply for a residence permit for qualified tolerated persons for the purpose of employment

If you are a foreigner in possession of a toleration permit and are or would like to be gainfully employed, you can be granted a residence permit under certain conditions.

Attention: You may only take up employment after you have received a corresponding work permit. You must already apply for the work permit for the existing toleration.

Note: Tolerated persons with a trainingsduldung are entitled to a residence permit for employment corresponding to the acquired professional qualification for a period of two years after successful completion of their qualified vocational training, if the requirements are met.

Related forms and processes

Prerequisite

The requirements for the residence permit are:

You fulfil the passport obligation.
For the passport obligation, it is sufficient if you have a substitute identity card.
Your livelihood is secured without you having recourse to public funds.
Your livelihood is considered secure if you
- Income in the amount of the simple social welfare standard rate plus
- Costs for accommodation and heating and
- any health insurance contributions.
There is no interest in deportation against you.
Your stay does not endanger or impair the interests of the Federal Republic of Germany.
You have sufficient living space.
You have sufficient knowledge of German.
You have
- qualified vocational training or training in a nursing assistant activity regulated by federal or state law completed in Germany or a university degree acquired in Germany or
- a university degree acquired abroad and two years of uninterrupted professional experience in Germany or
- a qualified job which you have held for three years without interruption and, in principle, were not dependent on public funds within the last year before applying for the residence permit.
You have a job or a concrete job offer.
The Federal Employment Agency gives the necessary approval for employment.

Notice: Whether you receive the work permit depends on the requirements of Germany as a business location and the conditions on the labour market.
Without the required work permit, you cannot be granted a residence permit.

You will not be granted a residence permit in the following cases:

You have intentionally deceived the foreigners authority about circumstances relevant under residence law.
You have deliberately delayed or obstructed official measures to terminate your residence.
You are associated with or support extremist or terrorist organisations.
You have been convicted of an intentional criminal offence. This does not include:
- Fines of up to 50 day sentences and
- Fines of up to 90 daily rates for offences that can only be committed by foreigners according to the Residence Act

Responsible department

the Aliens' Registration Office

The foreigners authority is

if you live in a city district or a large district town: the city administration
if you live in a town or municipality belonging to a district: the district administration office.

Procedure

You must apply for the residence title in writing to the competent office. This office will obtain the approval of the Federal Employment Agency if this is required.

You will then either receive the residence permit or a rejection notice.

Deadlines

none

Required documents

Proof of fulfilment of the passport obligation
Proof of secure livelihood
Proof of vocational training or studies or proof of qualified employment in the last three years
Proof of a job or job offer
Proof that there is no interest in deportation against you
Proof that you do not endanger or impair the interests of the Federal Republic of Germany
Proof of sufficient living space
Proof of sufficient German language skills

Costs

Period of validity up to one year or over one year: EUR 100.00
Extension up to three months: EUR 96.00
Extension for more than three months: EUR 93.00

Miscellaneous

Your husband or wife and children who are not yet of age have a right to join your family under certain conditions after the residence permit has been issued.

You may also be gainfully employed.

If you want to be self-employed, you can obtain a residence permit under certain conditions.

You will receive the residence permit in the form of a cheque card with additional electronic functions.

You can find more information on this under "Apply for an electronic residence title (eAT)".

Appeal

Objection
Action before the administrative court

Legal basis

Aufenthaltsgesetz (AufenthG)

§ 8 Verlängerung der Aufenthaltserlaubnis
§ 18 Beschäftigung
§ 19d Aufenthaltserlaubnis für qualifizierte Geduldete zum Zweck der Beschäftigung
§ 21 Selbstständige Tätigkeit
§ 39 Zustimmung der Bundesagentur für Arbeit

Beschäftigungsverordnung (BeschV)

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 08.08.2024