What is § 18a AufenthG?
Residence permit Section 18a AufenthG has a background in employment law. In order for you to understand the various conditions and requirements for the right of residence, it is important that we first look at and analyze the background to Section 18a AufenthG. This will make it easier for you to understand and comprehend the special features.
Why do you get § 18a AufenthG?
If you are in possession of § 18a AufenthG, there are two possibilities as to why you have received this Residence permit . One option is that you have received the Residence permit because you have completed vocational training in a specific professional field that is recognized in Germany.
The other option is that you have a university degree that is at the same level and level of education as vocational training. In both cases, you have been classified and recognized as a skilled worker in accordance with § 18a AufenthG and the Residence permit gives you the opportunity to take up qualified employment.
Who gets § 18a AufenthG?
The Residence permit § 18a AufenthG is granted to foreigners who have a qualification in the form of vocational training in a specific occupational field. This vocational training must be recognized in Germany and may have been completed either in Germany or abroad.
People who are studying at a university in a professional field that can be classified at the same level as vocational training can also apply for Section 18a AufenthG. The aim is to give these people the opportunity to work as skilled workers in Germany and thus combat the shortage of skilled workers in Germany.
What type of Residence permit is § 18a AufenthG ?
The Residence permit for employment and the integration of foreigners in Germany is a right of residence with a labor law background. The aim is to bind foreigners to Germany as skilled workers via Residence permit Section 18a AufenthG and to promote the integration of these people.
The aim is to open up prospects for foreign skilled workers in Germany, make Germany an attractive country for foreign skilled workers and at the same time effectively alleviate and combat demographic problems and the shortage of skilled workers in Germany.
The difference between § 18a and 18b AufenthG?
The Residence permit 18a AufenthG differs in some respects from § 18b AufenthG, the Residence permit for obtaining the blue card. The biggest difference between the two residence permits is that Section 18b AufenthG is linked to academic training.
There is a deviation from this with new conditions only for individual occupational sectors such as IT specialists and for occupational groups that are severely affected by a shortage of skilled workers.
As an alternative to this Residence permit with academic requirements, there is § 18a AufenthG, for which vocational training is the basic requirement and not a completed university degree.
§ Section 18a AufenthG can also be an option for people whose university studies cannot be recognized as a degree course but as vocational training.
Naturalization with § 18a AufenthG?
How do you obtain § 18a AufenthG?
There is a specific procedure for applying for § 18a AufenthG. It is helpful for the organization of your application if you use these points as a guide and ideally make a note of them. This will give you a reference point for the situation if you are at a certain point and do not know exactly which step is necessary next.
Organization of the documents for § 18a AufenthG
The first point when applying for § 18a AufenthG is to organize the documents for the Residence permit. Here it is important to be precise and thorough and to present arguments and evidence in favor of granting you the Residence permit for gainful employment and integration of foreigners in Germany.
Then contact your local Foreigners' office and organize the necessary application form. Complete this application form in full and sort through your documents again. When you contact Foreigners' office , arrange an appointment to submit your application for Section 18a AufenthG.
Obtain approval from the Federal Employment Agency for § 18a AufenthG
In addition to organizing the documents and contacting your Foreigners' office , it is important that you obtain approval from the Federal Employment Agency to obtain a residence permit in accordance with Section 18a AufenthG.
The legal basis for this is § 39 AufenthG. It states that the Federal Agency must grant permission to issue the residence title in accordance with 18a AufenthG.
The reason for the required approval is that the Federal Agency checks the equal working conditions between foreign and German workers at your company and generally controls the conditions for employment.
Application for § 18a AufenthG
To apply, it is important that you attend the agreed appointment with Foreigners' office . This is where you submit the complete application for Residence permit § 18a AufenthG. From now on, you must be patient and wait for the decision and assessment of Foreigners' office .
Examination and issue § 18a AufenthG
Once the application has been received by Foreigners' office , the authority has a deadline within which it must review your application for the granting of § 18a AufenthG. This period is 12 weeks.
If the authority does not respond within this period, you have the right to submit an Lawsuit for failure of act to the administrative court. The court will then give the authority another deadline and in 99 percent of cases you will then receive a decision on your request.
In most cases, the decision on your application is positive and you will be contacted by Foreigners' office with the news that your application for Section 18a AufenthG has been successful.
The duration of the § 18a AufenthG depends on the employment contract you have with your employer. The Residence permit is then issued and extended based on the duration. The decisive factor is therefore the date in your employment contract.
Revocation of § 18a AufenthG
Revocation proceedings may be initiated against the issue of your residence permit. For this to happen, you must have committed very serious criminal offenses. These grounds for deportation must be present in accordance with § 54 AufenthG.
If there are such grounds for deportation, a revocation procedure can be initiated in accordance with § 52 AufenthG. It will then be checked whether your Residence permit must be revoked or not. The best option is still not to become liable to prosecution in the first place.
If your employment contract no longer exists, proceedings can also be initiated to withdraw your Residence permit . The reason for this is that the conditions for which you were granted § 18a AufenthG are no longer met.
In this case, it is important to inform the authorities immediately. If you fail to do so, your Residence permit may be withdrawn for failure to cooperate in accordance with § 51 AufenthG.
If you do not have a new job, you can come under Section 20 AufenthG (job seeker). This means that you will not have a gap in your CV and can later switch back to § 18a AufenthG with a new job.
Requirements for § 18a AufenthG
The requirements for Section 18a AufenthG are extensive and relate to your qualifications and CV, the existing employment contract and how you can secure your life in Germany. The most important criterion is qualified employment, which is also mentioned as a description in the paragraph on Residence permit 18a AufenthG.
Securing a livelihood and B1 language skills
An important prerequisite and condition is that you, as an applicant for qualified employment with vocational training, can sufficiently secure your livelihood. The most important proof of this is your employment contract or the employment contract with your new employer and the details of your monthly salary.
On the basis of the proof of salary or employment contract, Foreigners' office will make a prognosis about your livelihood and it is important that you provide as much proof as possible so that the prognosis is positive for you.
Another requirement is B1 language skills. You must therefore prove that you have a B1-level language certificate and can demonstrate a B1-level language proficiency.
Recognized vocational training in Germany or studies in the professional field
Another essential requirement for the Residence permit § 18a AufenthG is qualified vocational training that is recognized in Germany.
Alternatively, it is also possible to obtain § 18a AufenthG if you have completed a course of study in a professional field abroad and this course of study is classified in Germany at the level of vocational training.
This gives you the opportunity to obtain a Residence permit if your studies are not recognized as fully equivalent in Germany and you can work in the professional field of your studies.
Alternative 3 years of employment in Germany
As an alternative to the options mentioned above, you can also obtain § 18a AufenthG if you can prove that you have been employed as a skilled worker in your profession in Germany for 3 years.
This will then be recognized as a qualification for § 18a AufenthG and is sufficient proof for you. You can therefore also obtain a Residence permit for qualified employment with vocational training by working as a specialist and expert in your professional field.
Housing, employer loyalty and other conditions
Sufficient living space is another important requirement. According to the General Administrative Regulations on the Residence Act § 2 Para. 4 AufenthG, sufficient living space is 12 square meters for each family member over 6 years of age and 10 square meters for each family member under 6 years of age.
In addition, ancillary rooms such as the toilet, kitchen and bathroom must be usable. In order to obtain a residence permit, it is therefore important that you can prove that you have living space for yourself and your family.
Additional important requirements are that you have no previous convictions for fines of more than 50 daily rates and criminal offenses of more than 90 daily rates. In other words, you must not have any serious previous convictions.
It is also important that you have no connection to extremist or terrorist organizations and that there has been no delay on your part in taking official measures to end your stay. You must also not have deceived the authorities regarding your residence.
It is also important that you comply with the passport requirement and that it is possible to clarify your identity. If it is not possible to obtain a valid passport or passport replacement, you must prove that you have tried to make it possible.
Employer loyalty is crucial in the case of Sec. 18a AufenthG. You are bound to the employer with whom you have an employment contract. This employment contract must be presented as a document.
The employer obligation can be dissolved by the Employment Ordinance in accordance with clear requirements. These requirements apply if you have been working for an employer in Germany for 2 years and are subject to compulsory insurance or if you have been in the Federal Republic of Germany for 3 years without interruption on a tolerated, permitted or Residence permit basis.
In this case, you are no longer tied to your employer and are not dependent on your employer for your residence permit.
Documents and proof for § 18a AufenthG
The documents and evidence for Residence permit § 18a AufenthG are linked to the requirements for and are made up as follows:
- Proof of your livelihood (employment contract, proof of salary, etc.).
- Proof of the B1 language certificate.
- Proof of recognized qualified vocational training or studies at the same level or 3 years of professional experience as a specialist.
- Proof of sufficient living space in accordance with Section 2 (4) AufenthG.
- Proof that you have no serious criminal convictions.
- Proof that there are no reasons that would deny you the right to obtain § 18a AufenthG.
- Proof of compliance with the passport requirement
- Proof of employer loyalty (if this has not been terminated).
Advantages of § 18a AufenthG
The Residence permit § 18a AufenthG has several advantages. The positive aspects mainly relate to family reunification, Naturalization and Settlement permit. Here you can enjoy advantages over other residence rights with your Residence permit .
Possibility of family reunification with § 18a AufenthG
Unlike other Residence permit such as Residence permit for subsidiary protection, family reunification with your Residence permit is not a problem.
The requirement for family reunification under Section 18a AufenthG is that the marriage under Section 30 (1) AufenthG (reunification of spouses) existed before the residence permit was issued.
Your child under the age of 16 also has the option of obtaining a Residence permit if both parents have a Residence permit or you have custody of the child.
Family reunification of other family members is possible under more difficult conditions. There must be absolute cases of hardship. Theoretically, your family reunification is therefore limited to the close part of the nuclear family.
Another advantage of family reunification is that if you meet the requirements for Section 18a AufenthG, you will be able to secure a livelihood for yourself and your family. This means that the hurdles regarding proof are low for you and the probability is very high that the Foreigners' office 's prognosis regarding your family's livelihood will be positive.
Advantages for Naturalization and Settlement permit with Section 18a AufenthG
With regard to Naturalization and Settlement permit , you have many advantages with your Residence permit .
You already meet some of the requirements, such as the B1 language certificate or a means of subsistence. This makes it easier to organize the application for the documents. You will therefore have to organize fewer documents and the process will be less stressful for you than for people with other residence permits.
The probability of a positive prognosis with regard to securing your livelihood for the Settlement permit or the Naturalization is very high. This is another advantage, as the requirements for this part are not easy to achieve and a lot of evidence is required.
Disadvantages of § 18a AufenthG
Your Residence permit § 18a AufenthG has many advantages, but also a few disadvantages. The disadvantages mainly concern your work. Here you have stricter requirements than is the case with other residence rights and therefore not as much freedom in comparison.
Dependence on the stated employment relationship
You are more dependent on your employer than with other residence titles. If your employment relationship with the specified employer ends, you may initially fall under a different right of residence (Sec. 20 AufenthG) and be able to return to the Residence permit for foreigners with qualified vocational training if you take up a new job.
Your Residence permit is therefore very much tailored to the employment relationship with your employer and you are therefore in a form of dependency. This situation will of course change if you change your right of residence at some point and apply to Settlement permit .
An exception to the dependency requirement is if you have 2 years of employment subject to compulsory insurance in Germany or 3 years of uninterrupted residence with Tolerance permit, permit or Residence permit . In this case, you are exempt from the employer requirement.
No occupational freedom with § 18a AufenthG
Unlike other residence titles, your Residence permit § 18a AufenthG is limited to your specific qualification. You are therefore not free to choose which profession you wish to pursue. For this reason, you are very much tied to your profession and the associated job and have little leeway in this regard.
This situation of professional freedom is easier with Settlement permit and with Naturalization you have the right to professional freedom, as this is one of the basic rights of every German citizen.
Application for Settlement permit with § 18a AufenthG
The Settlement permit is easy and simple to achieve with § 18a AufenthG. You already have some of the requirements with your residence permit. This means that the application process is less complicated for you than for foreigners with other residence permits.
The steps from § 18a AufenthG to the Settlement permit
The first step on the way from § 18a AufenthG to Settlement permit is to organize the necessary documents. You can start with this step as soon as you receive your residence permit for people with qualified vocational training.
Once you have organized the documents, the next step is to contact your local Foreigners' office and make an appointment to submit your application and organize the application form. You then complete this application form in full, attend the agreed appointment and submit your application to Settlement permit .
The Foreigners' office will now check your documents. If necessary, submit an Lawsuit for failure of act. Once the immigration office has checked your application, you will be contacted and you will receive confirmation that your application has been successful. You will also receive your card, which you can then use to prove your new Residence permit to Settlement permit .
Documents for the change from § 18a to Settlement permit
The documents for Settlement permit with § 18a AufenthG are closely linked to the conditions for Settlement permit , which you can find under § 9 AufenthG.
Securing your livelihood and the B1 certificate are two prerequisites that you already have due to § 18a AufenthG. In addition, you must have paid into the pension insurance scheme for 60 months and provide proof of 5 years' residence with a legal residence permit Residence permit.
Furthermore, it is important that you have successfully completed a test life in Germany and can document this and that you have sufficient living space for yourself and your family and can prove that your identity has been clarified.
Application for Naturalization with § 18a AufenthG
You can apply directly to Naturalization under Section 18a AufenthG. In contrast to residence permits such as Section 25 (3) (ban on deportation), you do not have to change Residence permit . The application process is simple and works in the same way as the application for all other Residence permit.
The steps from § 18a AufenthG to the Naturalization
The steps from your Residence permit to Naturalization are simple. It is important that you remember these steps. You can then check again and again during the process to see where you are with your naturalization application.
The steps can be summarized as follows:
- Step 1: Fulfilling all requirements and thus organizing the necessary documents.
- Step 2: Contact the immigration office and arrange an appointment to submit the application.
- Step 3: Simultaneous organization of the application form for the Naturalization.
- Step 4: Completing the application at Naturalization.
- Step 5: Checking the application for completeness
- Step 6: Appear at the appointment and submit the application.
- Step 7: If necessary: Set up a Lawsuit for failure of act after 12 weeks.
- Step 8: Contact by the naturalization authority with agreement on the date for granting naturalization.
- Step 9: Ceremonial granting of Naturalization with naturalization certificate.
The minimum requirement for Naturalization is 8 years of legal residence in Germany. With special integration achievements (B2 certificate or better/voluntary work) you can also be naturalized after 6 years and if you have taken the naturalization test after 7 years and all other conditions are met, then the Naturalization works after 7 years.
Documents required for the application with § 18a AufenthG
Section 18a AufenthG has a number of positive effects when it comes to obtaining documents. You already have the document for the B1 language certificate and do not have to organize it again: You already have the requirements for securing your livelihood. Valid proof (payslips) is required here.
You also need to clarify your identity with your Residence permit . It is important that you can prove it with a valid document.
Further documents that you need according to § 10 StAG are listed below:
- Signed declaration of loyalty + commitment to the free democratic basic order.
- Proof of successful naturalization test.
- Proof that you have renounced the citizenship of your home country (there are many exceptions in § 12 StAG where this is not necessary).
- Proof of the required period of legal residence (at least 8 years)
If you can present these documents and have a correctly completed application form, then you have everything you need for a successful naturalization application.
Summary
As you can see, the topic of § 18a AufenthG is very extensive. The most important key points are listed here for you in detail:
- § Section 18a AufenthG is a Residence permit, which is aimed at foreigners with qualified and recognized vocational training.
- Alternatively, as a foreigner you can also obtain § 18a AufenthG if you have completed a course of study that corresponds to the level of vocational training in Germany.
- Another alternative is 3 years of employment as a skilled worker in Germany in a specific profession.
- Additional challenges are securing a livelihood, a B1 certificate, no previous convictions and no grounds for refusal that speak against the granting of a residence permit.
- Family reunification is possible with §18a AufenthG via the reunification of spouses in §30 AufenthG.
- The Residence permit is bound to the specified employment relationship, the employer and the employment contract. Exceptions are 2 years of employment subject to compulsory insurance or 3 years of uninterrupted residence with Tolerance permit, permit or Residence permit in Germany.
- Applying for a Settlement permit or Naturalization is feasible without difficulty if the necessary conditions are met.
Settlement permit with § 18a AufenthG?
FAQ - The most important questions and answers on § 18a AufenthG
§ 18a AufenthG is a Residence permit for foreigners with a qualified vocational training recognized in Germany, foreigners with a degree classified at the level of a German vocational training, or foreigners who have been working as a skilled worker in a professional field in Germany for 3 years.
Foreigners with a recognized vocational training, a recognized degree or proof of 3 years of work as a skilled worker in Germany can obtain the Residence permit .
Yes. Naturalization can be applied for without any problems if the requirements are met. Access to the application for Naturalization is provided by §18a AufenthG.
Yes. Settlement permit can be applied for with §18a AufenthG. In this case, you already meet the important requirements of being able to support yourself and having a B1 certificate.
Yes, family reunification can be achieved without difficulty via spouse reunification in Section 30 AufenthG.
Yes, you can travel both within and outside Germany with § 18a AufenthG. It is also possible to travel to your home country with this Residence permit .
With § 18b AufenthG, with very few exceptions, the basic requirement is to be studying. This condition does not exist for § 18a AufenthG. In this case, you can also gain access with vocational training or work experience.
