Granting a residence permit for employment as a skilled worker regardless of qualification

Source: Serviceportal Rheinland-Pfalz

Residence permits, irrespective of qualification as a skilled worker, may be issued for employment stays resulting from the provisions of the Employment Ordinance, e.g. for seasonal employment, for domestic workers, speciality cooks, professional drivers.

Nationals of certain states may also be granted a residence permit to pursue any employment, irrespective of their personal qualifications, if they meet further requirements. These are nationals of the following states:

Andorra, Australia, Israel, Japan, Canada, Republic of Korea, Monaco, New Zealand, San Marino, USA (§ 26 para. 1 Employment Ordinance).
until the end of 2020 also: Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro and Serbia (§ 26 para. 2 Employment Regulation, so-called Western Balkans Regulation)

It is not a prerequisite that you are a skilled worker 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 irrespective of qualification as a skilled worker is a temporary residence title. The duration of the time limit 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 generally approve the employment, unless it follows from the provisions of the Employment Regulation that approval by the Federal Employment Agency is not required.

The residence permit, regardless of the qualification as a skilled worker, can be issued for employment stays resulting from the provisions of the Employment Ordinance, e.g. for seasonal employment, for domestic workers, specialty cooks, professional drivers.

Citizens of certain countries may also be granted a residence permit for any employment, regardless of their personal qualifications, if they meet further requirements. These are nationals of the following countries:

Andorra, Australia, Israel, Japan, Canada, Republic of Korea, Monaco, New Zealand, San Marino, USA (Section 26 (1) Employment Ordinance)
until the end of 2020 also: Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro and Serbia (Section 26 (2) Employment Ordinance, so-called Western Balkans regulation)

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

The residence permit for employment regardless of the qualification as a skilled worker is a temporary residence permit. The duration of the time limit depends on the duration of the employment contract or is determined by the provisions of the Employment Ordinance.

Before the residence permit is issued, the Federal Employment Agency must generally approve the employment, unless the provisions of the Employment Ordinance state that the approval of the Federal Employment Agency is not required.

You must apply for a residence permit at the aliens' registration office responsible for your place of residence (in BB: at the aliens' registration office of the district/town).

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, arrange an appointment with the Aliens' Registration Office.
During the appointment, your application will be accepted and your supporting documents will be checked (please bring them with you to the appointment). Your fingerprints will be taken for the issuing of the electronic residence permit (eAT).
In the case of an electronic application, the Aliens' Registration Office will contact you after receiving your online application to arrange an appointment for an interview at the Aliens' Registration Office. During the appointment, your documents will be checked (please bring them with you to the appointment) and your fingerprints will be taken for the issuing of the eAT card.
If your application is granted, the Aliens' Registration Office will arrange for the eAT card to be produced.
After about six to eight weeks, you can collect your eAT card from the Aliens' Registration Office.

You must apply for a residence permit at the foreigners authority responsible for your place of residence (in BB: at the foreigners authority of the district/city)

Depending on the foreigners authority and your request, it may be possible to apply online. Find out whether your foreigners authority offers electronic application for a residence permit.
If the application can only be made in person, arrange an appointment with the immigration office.
During the appointment, your application will be accepted and your supporting documents checked (please bring these with you to the appointment). Your fingerprints will be taken to issue the electronic residence permit (eAT).
In the case of an electronic application, the Foreigners' Registration Office will contact you after receiving your online application to arrange an appointment for an interview at the Foreigners' Registration Office. During the appointment, your documents will be checked (please bring them with you to the appointment) and your fingerprints will be taken for the eAT card to be issued.
If your application is approved, the Foreigners' Registration Office will arrange for the eAT card to be issued.
After about six to eight weeks, you can collect your eAT card from the immigration office

You have a recognised and valid passport or passport replacement and - if this was required for entry - an appropriate visa.
There is no interest in deportation against you.
You have a job or a job offer.
Professional drivers and nationals of Albania, Bosnia and Herzegovina, Kosovo, 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. This results in a minimum salary for 2020 of 45,540 euros per year. Even if this minimum salary is not reached, a residence permit may be granted upon presentation of proof of adequate pension provision or in special cases (e.g. if there is a public interest in the employment).
The amount of the income threshold is published for each year by the Federal Ministry of the Interior, for Construction and Home Affairs in the Federal Gazette by 31 December of the previous year (see further information).
You can secure your livelihood and health insurance cover from your income without claiming 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 on this, you can contact the competent foreigners authority.

You have a recognized and valid passport or passport substitute and - if this was required for entry - an appropriate visa.
There is no interest in deporting you.
You have a job or a job offer.
Professional drivers and nationals of Albania, Bosnia and Herzegovina, Kosovo, 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% of the annual contribution assessment ceiling for general pension insurance. This results in a minimum salary for 2020 of 45,540 euros per year. Even if this minimum salary is not reached, a residence permit can be issued upon presentation of proof of adequate pension provision or in special cases (e.g. if there is a public interest in the employment).
The Federal Ministry of the Interior, Building and Community publishes the contribution assessment ceiling for each year in the Federal Gazette by December 31 of the previous year (see further information).
You can cover your living expenses and health insurance from your income without claiming public benefits.
Your stay does not jeopardize or impair the interests of the Federal Republic of Germany.
Further requirements may arise from the provisions of the Employment Ordinance.
For further information on this, please contact the relevant immigration authority.

Valid passport
Visa, if this was required for entry
Original of your employment contract or a binding job offer (please use the standardized nationwide employment declaration form for this)
Current biometric photo
Proof of your health insurance
Current registration certificate
Tenancy agreement

Valid passport
Visa, if this was required for entry
Original of your employment contract or a binding job offer (please use the standardized nationwide employment declaration form for this)
Current biometric photo
Proof of your health insurance
Current registration certificate
Tenancy agreement

Applying for a residence permit to work regardless of your qualifications as a skilled worker: no later than eight weeks before your valid visa or residence permit expires.
Objection period: 1 month

Applying for a residence permit to work regardless of your qualifications as a skilled worker: no later than eight weeks before your valid visa or residence permit expires.
Objection period: 1 month

Forms: Declaration of employment (standardized nationwide); you can obtain other forms specific to the authorities from your foreigners authority; these may also be available online.
Online procedure possible in some cases
Written form required: yes
Personal appearance required: yes

Forms: Declaration of employment (standardized nationwide ); you can obtain other forms specific to the authorities from your foreigners authority; these may also be available online.
Online procedure possible in some cases
Written form required: yes
Personal appearance required: yes

Granting a residence permit for employment as a skilled worker regardless of qualification

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