Aktualisiert am:
According to § 20 of the Residence Act (AufenthG), a foreign skilled worker can be granted a residence permit to search for a qualified job under certain conditions.
The residence permit under § 20 AufenthG is generally issued for a period of 6 months to a maximum of 18 months. An extension of the residence permit for the purpose of job search beyond the established maximum periods is not possible according to § 20 (4) Sentence 2 AufenthG.
Whether and for how long the residence permit for job search is ultimately granted depends on various factors, such as:
- Is the skilled worker already in Germany, or does she/he need to enter the country first?
- What is the worker’s educational background? Does she/he have an academic education or vocational training? Was the qualification obtained in Germany?
- Does the worker possess the necessary German language skills for the desired occupation?
- Can the worker independently support herself/himself?
In principle, a residence permit for job search can be granted to both skilled workers who are already in Germany and those who are still abroad. However, if the skilled worker is still abroad, she/he must first apply for a national visa for entry into Germany at the responsible German embassy or consulate.
If financial support is ensured, the following skilled workers can receive a residence permit for job search according to § 20 AufenthG:
Job Search for Skilled Workers with Vocational Training according to § 20 (1) AufenthG
Skilled workers with vocational training who have documented their qualifications can be granted a residence permit for job search for a period of 6 months. If the skilled worker completed her/his training abroad rather than in Germany, the equivalence of the vocational qualification must usually be verified. Additionally, the worker must have language skills sufficient to perform the intended occupation (usually level B1).
If the skilled worker is already in Germany, a residence permit for job search can only be issued if she/he previously held a residence title for employment purposes or for a study-related internship EU according to § 16e AufenthG.
A residence permit for job search can be reissued if the foreigner has stayed abroad for at least as long as they previously stayed in Germany with the residence permit according to § 20 AufenthG.
Job Search for Skilled Workers with Academic Qualifications according to § 20 (2) AufenthG
Skilled workers with academic qualifications can be granted a residence permit for 6 months, with the exact duration at the discretion of the competent authority. The worker does not need to prove German language skills.
A residence permit for job search can be reissued if the foreigner has stayed abroad for at least as long as they previously stayed in Germany with a residence permit according to § 20 AufenthG.
Job Search for Skilled Workers with a Degree from a German University according to § 20 (3) No. 1 AufenthG
Skilled workers who have successfully completed a degree at a German university can be granted a residence permit for up to 18 months.
Job Search for Skilled Workers after Completing Research Activities according to § 20 (3) No. 2 AufenthG
After completing research activities, skilled workers can be granted a residence permit for up to 9 months.
Job Search for Skilled Workers after Successfully Completing a Qualified Vocational Training in Germany according to § 20 (3) No. 3 AufenthG
Skilled workers who have successfully completed vocational training in Germany can be granted a residence permit for job search for up to 12 months.
Verification of Equivalence of the Qualification according to § 16 (3) No. 4 AufenthG
A skilled worker can be granted a residence permit for up to 12 months after the equivalence of the professional qualification or the issuance of the professional practice permit in Germany has been established under § 16d AufenthG.
Under § 16d AufenthG, it is possible to obtain a residence permit for the recognition of a foreign qualification or to conduct an equivalence assessment of a qualification.
Important Note: The content of this article has been created to the best of our knowledge and belief. However, the complexity and constant changes in the subject matter make it necessary to exclude liability and warranty.
If you need legal advice, feel free to call us at 0221 – 80187670 or email us at info@mth-partner.de.
Lawyers in Cologne advise and represent clients nationwide in immigration law.
