GERMANY
IMMIGRATION, VISA, EMPLOYMENT, RESIDENCY & SPONSORSHIP

How can I get a permit to work in Germany?

You need to find an employer, get a binding offer, then apply to the office for your work permit, receive the permission and start working.

Approval of the permit depends on your citizenship (EU or not) and then qualifications. When you are highly qualified, you can get a settlement permit from the very beginning. Generally, when no German or European citizens are available on the labor market for that proposed job, you can get it.

It is the necessary to first have a concrete job offer.  Until you have either unrestricted work permit or a residence permit, your permit is restricted to this one employer.

Can I come to Germany on a Tourist Visa to find work and start work instantly?

No, never. There is no exception whatsoever. Even when you have a visa waiver, you may only work after you have received the permission.

What happens when an Employer asks me to work immediately without a valid work permit?

That is illegal and can be fined with up to €300k or imprisonment for the employer and / or employee. Tax evasion or other tax related crimes will be additionally prosecuted. The customs office is the competent body to investigate illegal work “Schwarzarbeit”.

How long does it take to process work / residence permit?

Processing of the papers takes at least two months. The speed varies from state to state in Germany. You will get a residence permit showing your exact status and explicitly determining whether or not you are permitted to work.

How long is the validity of the work / residence permit?

The validity is typically after one or two years. The permit (= stamp) will explicitly say so. You may remain with your employer as long as you wish. When you want to change then you will have to apply to do so.  Your residence permit (a sticker in passport) exactly distinguishes your status.

Aside from being hired by an employer, how else can I get a settlement permit?

Other options for obtaining a settlement permit, which allows to work are self-employment (freelancing) and family reunion.

The working spouse can always apply for a settlement permit for his direct family (spouse and minor children). When the other spouse works, then this person’s status will be independent. Children can apply for their parents settlement permit under very exceptionally basis and only to prevent an extreme undue hardship. It is imaginable as an ultimate exception that your parents may come in on the grounds of family reunion. However, the requirements are very high.

Can I get a settlement permit when I get my work / residency permit?

You will not get a settlement permit upon receiving a visa or residence permit. When five years of employment have passed, you can think of applying for a settlement permit. The other most important details are 60 months of old-age security premiums, clean criminal record, and an integration course. Click here if you are interested in further details.

How long can I stay outside Germany before the work permit expires?

You may leave Germany for at most six consecutive months and then by law your permit becomes ex officio valid. However, you can apply to have that period extended – but only prior to expiration.

Is there a grace period to renew my work / residence permit?

No. You have to reapply prior to expiration. There is only grace for your residential status when you have applied on time but the office needs longer to decide on the application. You must get a special certificate for this.

After my work permit expires in the country, what are the reasons to prevent me from re-entering the country or accepting a new position from the same or another employer?

The most obvious reasons you can’t re-enter Germany would be:

• Not applying
• Being banned from the country
• Not having a visa for entry.

To make sure you don’t get banned, you must leave on time. When you by any chance have a serious problems leaving, communicate with the office or hire a lawyer to do so.

What are the fees I have to pay for while I’m on my work permit?

Permit fees are up to € 100 per person and depend on the kind of applied residence. Taxation depends on your taxable income. Taxation starts with 14% and goes up in brackets to 45%. For more on taxation, please click here.

Other government fees you need to consider depends on what you do. You will have to consider paying fees for public TV, radio, and computer with internet access. For more on GEZ click here.

What happens to an expat’s child born in the country?

Next to the possible citizenship from the parents, a child can get German citizenship but only optionally until 18. One of the parents must have maintained habitual and lawful residence in Germany for eight years and have a settlement permission for three years. For further details click here.

There are many issues you need to consider. You have to visit several German authorities and your countries representations. You can purchase a checklist here.

◄ IMMIGRATION EXPERT IN GERMANY ►
ALEXANDER BARON VON ENGELHARDT Alexander is a Foreigners Lawyer specializing in Immigration, Commerce, and Tax Returns in Germany. Having first hand intercultural experience as an expat, Alexander knows what it means to be away from home. He guarantees you our piece of legal mind to enable you to make the decisions you require. E: ahoi@vonEngelhardt.com     W: http://www.vonEngelhardt.com , http://LG2G.info

ExpatCareers.com nor the author guarantee the accuracy of the information on this page. It is recommend that particularly prior to your travels you check with the relevant government authority. Please contact us with any updates you may have. Last updated 28 August 2011.

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