Residence permit
Here you will receive information about the various types of residence permits and the offices and counselling agencies responsible which can help you with questions and problems.
What residence permits are there?
- A residence permit can be issued for various reasons:
- for training
- for work
- in order to live with your family
- after a successful asylum application
- The residence permit is temporary and can be extended.
- It is bound to a specific purpose. If the purpose of the residency ends, a new residence permit must be applied for.
- People who can prove a job offer for a highly qualified position in Germany can receive an EU blue card.
- The person must possess the requisite professional qualifications and must demonstrate a sufficient salary.
- The EU blue card is given for a maximum of four years when it is first issued.
- After 33 months, the recipient of an EU blue card with basic German language skills can apply for a permanent settlement permit. With sufficient German skills (B1), this is already possible after 21 months.
- ICT stands for “intra-corporate transfer” and refers to the internal transfer of an employee within a company.
- The ICT card is issued when an employee from another EU country is moved by his/her company to a German branch of the company for at least 3 months.
- It is necessary, among other things, that the employee has already been employed by the company for 6 months and is sent to Germany as a manager, specialist or trainee.
- It may be that the Federal Employment Agency (Bundesagentur für Arbeit) must approve the transfer.
- The “mobile ICT” card is issued to employees from other EU countries who have already received an ICT card in another EU country and are to be sent to a German branch of their company for more than 3 months.
- In this case, it is also necessary that they be employed in Germany as a manager, specialist or trainee.
- It may be that the Federal Employment Agency (Bundesagentur für Arbeit) must approve the transfer.
- With a permanent settlement permit, you are allowed to live and work in Germany indefinitely.
- The following pre-requisites, among others, must be fulfilled:
- 5 years of employment in Germany
- 60 months of contributions to the German pension scheme or a comparable pension scheme
- sufficient German skills (B1)
- no criminal record
- Other rules apply for: recognised asylum seekers and refugees, foreign graduates of German institutions of higher education, family members of Germans, individuals with an EU blue card, children (from 16 years old) and self-employed persons.
- Similar to the permanent settlement permit, with permission for permanent residency – EU, you may live and work in Germany indefinitely.
- Under certain circumstances, a residence permit for another EU country (except for Great Britain, Ireland and Denmark) may be issued.
- When an asylum claim has been definitely rejected in Germany, the applicant is required to leave the country. If leaving is not possible for legal or practical reasons (e.g. for health reasons), a toleration may be issued.
- The toleration does not provide the right to remain in Germany permanently. It only says that deportation cannot take place at the present time.
- Employment is possible after 3 months at the earliest and is then only permitted with approval by the immigration agency (Ausländerbehörde).
- For people from “safe countries of origin”, different rules apply.
- A toleration is generally only issued for 3 months and must then be extended.
- A toleration can also be issued for the duration of a training course, under certain circumstances. Once the training course has been successfully completed, a residence permit for two years of employment relating to the training may be applied for.
- People whose asylum applications are being processed, as well as rejected asylum seekers involved in legal proceedings, receive a temporary residence permit (Aufenthaltsgestattung) for the duration of the proceedings. This means that they may remain in Germany as long as the proceedings are ongoing. This does not lead to any further right of residence.
- Employment is possible after 3 months at the earliest and is then only permitted with approval by the immigration agency (Ausländerbehörde).
- For people from “safe countries of origin”, different rules apply.
- In case of problems during the asylum process, speak to a counselling agency which handles counselling for asylum claims. For example, refugee counselling centres or legal counselling agencies. The MBE (Migrationsberatung [Immigration counselling]) can help you find an appropriate counselling agency if you have questions about the asylum process.
Where can I apply for a residence permit?
The agency responsible for issuing your residence permit is the local immigration authority (Ausländerbehörde) where you live.
Family members still living abroad must apply for a residence permit as a visa through German representation abroad (embassy or consulate general).
Do I automatically receive a work permit when I get a residence permit?
No. The work permit depends on the type of residence permit.
With an indefinite residence permit, e.g. a permanent settlement permit (Niederlassungserlaubnis), you are allowed to do any sort of work.
With a limited residence permit, you are only allowed to work if your residence permit includes the note “Employment permitted” or “Occupation permitted” (Erwerbstätigkeit/Beschäftigung gestattet). This permission may be limited to a certain type of work. If the residence permit includes the note “Employment only with approval by the immigration authority” (Beschäftigung nur mit Zustimmung der Ausländerbehörde), it is necessary to apply to the immigration authority for permission to work. For this, a guaranteed job is required.
If you have any difficulties, it is helpful to speak to a counselling agency. You can also get advice via chat or at an MBE (Migrationsberatung [Immigration counselling]) office.
My residence permit will expire soon. What shall I do?
If your residence permit is expiring soon, you must submit an application for an extension or for a different residence permit to the immigration authority before it expires.
If you miss this deadline, you no longer have a right to remain in Germany and must leave.
What shall I do, if I don't have a valid residence permit?
For people living illegally and for counsellors, there is a counselling handbook in which the most important questions regarding residency and legalisation, health care, access to child care and school are answered. In this counselling handbook you will also find addresses of counselling agencies for people living in country illegally.
This is where you can find counselling and support
Migration counselling
in your local area
using the BAMF – NAvI
Migration counselling
online
Get advice online.
