What is § 19d AufenthG?
In order for you to understand the topic of Section 19d AufenthG, it is important that you know the background to this right of residence. Foreigners who have this Residence permit have obtained the right of residence via a specific route and have had to overcome various hurdles along the way.
Why do you get § 19d AufenthG?
If you are in possession of a residence permit in accordance with § 19d AufenthG, you were granted a tolerated stay status at a certain point in time. This tolerated status was linked to employment or training. You were granted tolerated status for the duration of this employment or training.
You have completed vocational training in Germany or started employment in Germany and received a Tolerance permit for this purpose. During this period, you have had a Tolerance permit in accordance with § 60c AufenthG (training toleration) or § 60d AufenthG (employment toleration).
Another reason why you have received the Residence permit in accordance with § 19d AufenthG is that you have completed a university degree abroad or have worked for at least two years in a profession that corresponds to your foreign study qualification.
Another reason for obtaining § 19d AufenthG is that you have completed training abroad and have subsequently been working in Germany as a skilled worker for 3 years without interruption. In this case, you also have the option of applying for § 19d AufenthG.
Who gets § 19d AufenthG?
People who have been in a Tolerance permit for training or employment purposes and have a prospect of employment or are already in employment and meet the conditions of Section 19d AufenthG are granted this right of residence after an examination by the Foreigners' office.
Furthermore, people with a recognized foreign university degree and people who have completed training abroad and have worked as a skilled worker in Germany for at least 3 years can also obtain this Residence permit .
What type of Residence permit is § 19d AufenthG ?
§Section 19d of the Residence Act is a typical example of an employment law provision Residence permit. The right of residence is subject to the condition that you either have the prospect of an employment contract or are in an employment relationship.
Without this requirement, it is not possible to obtain this title. Accordingly, this title is also strongly linked to the employment relationship. It is therefore all the more important not to do anything wrong with this Residence permit with regard to work.
Naturalization with § 19d AufenthG?
How do you obtain § 19d AufenthG?
When obtaining a residence permit for the purpose of employment in accordance with Section 19d of the Residence Act, there are a number of steps that you must first go through in order to reach your goal and obtain the desired right of residence. Having these steps in mind can be a guide for you during the entire application process.
Organization of the documents for § 19d AufenthG
First of all, you need to organize all the documents required for § 19d AufenthG. Once you have all the documents together, it is important to check everything again.
Then fill out the application form for the application for § 19d AufenthG. There may be differences in the form depending on the federal state. Thuringia, for example, designed a new sample form for Naturalization in 2020.
Once you have organized the documents and completed the application form in full, it is important to check your application again. It is better to check twice and make sure that your application is really complete. It would be too annoying if some document is missing or the application form is not fully processed and your application fails in the end.
Application for § 19d AufenthG
To apply, it is now important to find and contact the relevant Foreigners' office . The costs for the initial application amount to 100 euros. Depending on the authority, a further 13 euros may be required for certification of an already approved residence permit.
Once you have submitted the application to the authority, you must first wait for it to be processed. At some immigration authorities, you can also submit the application online and do not have to make an appointment in person. It is important to check exactly what the procedure is at the authority responsible for you.
Examination of the authorities for § 19d AufenthG
The basis for the authorities is § 19d AufenthG. The foreigners therefore check whether you meet the conditions for obtaining a residence permit for the purpose of employment. This processing can take different lengths of time.
You should allow at least 6-8 weeks for processing. Please note that the immigration authorities are confronted with a very large number of applications and the processing time may therefore differ from this information.
Granting of § 19d AufenthG
When the Foreigners' office contacts you and gives you the result of the application, you have usually reached your destination. The application is usually positive and you will receive the Residence permit in accordance with § 19 d AufenthG.
This Residence permit is initially valid for 2 years. When the date of the residence permit expires, it is important to extend the Residence permit . A fee of 93 euros is payable for each extension of the residence permit. The Residence permit is then extended depending on the duration of the employment contract and in the first 2 years after approval by the Federal Employment Agency.
If the decision is negative, you have the opportunity to lodge an appeal with the relevant administrative court, higher administrative court and federal administrative court, as you would when applying for other Residence permit permits. If the decision in each of these cases is also negative three times, your application for Residence permit for the purpose of employment will not be successful.
Revocation of § 19d AufenthG
If you violate the points set out in Section 19d (1a) AufenthG, your Residence permit will be revoked. This includes criminal offenses with a sentence of more than 90 daily rates and if you have caused your employment contract to be terminated.
The decision of Foreigners' office is important in the event of termination: If you lose your job prematurely as a foreigner, the Residence permit remains valid if Foreigners' office has imposed a condition subsequent contrary to the requirements of the general administrative regulation on the Residence Act.
When examining whether and to what extent a subsequent time limit on the residence permit can be considered, Foreigners' office can also take into account the possibility of you looking for a job; this applies in particular if you are entitled to unemployment benefit I.
Requirements for § 19d AufenthG
The requirements for § 19d AufenthG comprise exactly 7 points. These 7 points are closely monitored by the authorities when assessing and checking whether you are eligible for Residence permit for the purpose of employment.
Conditions and requirements for § 19d AufenthG
First of all, you must prove that you belong to the group of people who are eligible to apply for § 19d AufenthG. This means that you must have a tolerated stay for training purposes or a tolerated stay for employment purposes, have a foreign university degree or a foreign qualification and have worked in Germany as a skilled worker for three years.
Further proof is that you have sufficient living space. Sufficient living space means 12 square meters for adults and 6 square meters for children. You must also have sufficient knowledge of the German language. The fourth point is that you must not have misled Foreigners' office about matters relating to residence law.
Point 5 is that you must not have obstructed or delayed any official measures in Germany. The penultimate point is that you must not have any links to terrorist or extremist organizations. Finally, the seventh point is that you must not have been convicted of a criminal offense intentionally committed in Germany.
Approval of the Federal Employment Agency
In order for you to be granted Residence permit § 19d AufenthG, you need the approval of the Federal Employment Agency in accordance with § 39 AufenthG. The Federal Employment Agency will check whether German and foreign employees have the same employment status with your employer or future employer.
Documents and proof for § 19d AufenthG
The documents and evidence for Residence permit for the purpose of employment consist of the following documents:
- Proof of sufficient living space
- Proof that you have fulfilled the passport requirement, i.e. that you have clarified your identity
- Proof of livelihood (employment contract, proof of rent)
- Proof of the workplace
- Proof that there is no interest in expulsion
- Proof that you are not a danger to the Federal Republic of Germany and the interests of the state
- Proof of sufficient German language skills (B1 certificate)
Errors in the application
Mistakes you can make when applying are forgetting documents or not filling out the application correctly. For this reason, it is always important that you check the documents several times. This will prevent errors and ensure that your application to Residence permit for the purpose of employment is successfully accepted and approved in the end.
Advantages of § 19d AufenthG
Section 19d AufenthG has some advantages over other residence titles. These mainly concern family reunification, integration in Germany and the application to Settlement permit or Naturalization.
Advantages of family reunification with § 19d AufenthG
Family reunification is generally possible with § 19d AufenthG for the nuclear family. The better you can secure a livelihood for yourself and your family, the easier family reunification will be for you and the more likely it is that you will ultimately be able to successfully bring the members of your nuclear family to Germany.
For other family members, it depends on the situation. If there is an emergency situation and you are the only one who can cope with this situation and help the family member in a supportive manner, it may also be possible for you to join them. However, this is more complicated than with the nuclear family.
Advantages of integration in Germany
It is easier for you to integrate in Germany with your Residence permit for the purpose of employment. You have an employment contract and also pay money into the social security system when you take up employment. In the end, every citizen and the state benefits from this.
The more people work and pay social security contributions, the better it is in the end for the state and therefore for the Federal Republic of Germany.
Furthermore, in order to obtain your Residence permit you must meet requirements such as the B1 certificate. The language certificate is further proof of your connection with Germany and your willingness to integrate in Germany.
Advantages for Naturalization and Settlement permit
The advantage for both Naturalization and Settlement permit is that you have a legitimate Residence permit .
It is also advantageous that you already have the prerequisites for the naturalization application and Settlement permit with the B1 certificate and clarification of your identity.
You therefore already have many of the requirements for both applications. The advantage is that, when the time comes, you will have to organize fewer documents than is the case for other foreigners.
Disadvantages of § 19d AufenthG
Even if there are more advantages than disadvantages with Section 19d AufenthG, there are also a few negative points in this Residence permit . It is good if you are aware of these disadvantages and know about them.
Dependence on the employment relationship for the first 2 years
The first 2 years with the Residence permit 19d AufenthG are not easy, especially when it comes to work. You are strongly tied to your employer and changing employer is complicated in the first two years of the residence permit.
This means that you will initially need to be patient and adapt to the employment law situation. A dismissal on your part is not a direct reason to withdraw your Residence permit , but it is at the discretion of Foreigners' office how to react to such a step.
However, as soon as the Residence permit has been extended for the first time, your situation is easier. You are then no longer dependent on the requirements of the Federal Employment Agency and can start any employment without any requirements.
Recalculation of the duration of stay before § 19d AufenthG
Unlike other Residence permit , the problem with Residence permit § 19d AufenthG is that there is no asylum procedure that can be taken into account.
This is why, unlike in the case of refugee status or subsidiary protection, the following principle applies to people with this Residence permit : The calculation of the duration of residence begins from the time the residence permit is obtained for the purpose of employment and not before.
You must therefore have lived in Germany with your Residence permit for 5 years before you can apply for Settlement permit . In the case of Naturalization , if you do not qualify for the exception for Naturalization or after 6 or 7 years, you cannot apply for Naturalization before 8 years.
The reason is that if you have been in Germany for a longer period of time, you have been in a Tolerance permit . A Tolerance permit is not a legal Residence permit and therefore cannot be used to offset your Residence permit .
Travel and family reunification with § 19d AufenthG
Travel and family reunification are subject to certain conditions at Residence permit . It is important for you to fulfill these conditions. If you pay attention to these points, your travel and family reunification will go smoothly.
Travel with § 19d AufenthG
Within Germany, you can travel without any problems. Within the EU, you may move freely with your Residence permit and in possession of a valid travel document for 3 months and within a period of 6 months.
The only condition: You cannot take up work in this country. The basis for this is Art. 21 para. 1 of the Schengen Implementation Agreement.
Travel to your home country and outside the EU also works. It is important that you have your Residence permit and valid travel documents with you.
Family reunification with § 19d AufenthG
Family reunification is generally not a problem for you. It is important that your spouse can communicate easily in German.
Family reunification only works if the marriage already existed before § 19d AufenthG was granted, as stipulated in § 30 AufenthG. Minor children can also be brought to Germany for family reunification. Family reunification of siblings or parents is also possible.
In the case of family reunification of aunts, uncles and grandparents, the situation is such that they must be demonstrably in a health-threatening situation and only you can be considered as a caregiver. The possibility of family reunification is therefore rather difficult to realize here.
In terms of financial security, you already meet the requirements for family reunification with the requirements for your Residence permit and the requirements for housing and therefore have a good chance that your plan to bring your family to Germany will work out.
Application for Settlement permit with § 19d AufenthG
When applying for Settlement permit , you already have an advantage with regard to the requirements. You can automatically fulfill some conditions with your Residence permit , as the requirements for this were that you were granted the Residence permit for the purpose of employment.
The steps from § 19d AufenthG to the Settlement permit
The very first step in applying for the Settlement permit is to organize your documents. With the B1 certificate, proof of livelihood and clarification of your identity, you already have 3 important prerequisites.
You need to organize the other conditions. This includes taking a naturalization test and organizing proof of your pension contributions.
Please note that the application only works if you have lived in Germany for 5 years with your Residence permit . Once you have all the documents together, complete the application for a change to Settlement permit and check that your application is complete.
You then submit your application to Foreigners' office and wait for the result. Even during the 5 years, it is worthwhile improving your language skills to B2 or even better C1, so that Naturalization will work faster for you afterwards.
Finally, you will receive a message from Foreigners' office that your application for Settlement permit has been successful.
Documents for the change from § 19d to Settlement permit
The documents for changing from Section 19d to Settlement permit can be found under Section 9 AufenthG. This explains exactly which conditions are required for the application to Settlement permit .
The documents are composed as follows:
- Proof of clarification of identity
- Proof of 60 months of pension insurance payments
- Proof of livelihood
- Proof of a successful naturalization test
- Proof of your employment contract (permanent employment)
- Proof of B1 certificate
- Proof that you have been in possession of your residence permit for 5 years
- Proof of sufficient living space
- Proof that you pose no danger and have no criminal record.
Application for Naturalization with § 19d AufenthG
The application for Naturalization with your Residence permit depends on the time at which you already meet the requirements to enable you to apply for Naturalization sooner than after 8 years. The calculation periods for the duration of residence start when you receive your residence permit.
The steps from § 19d AufenthG to the Naturalization
The steps from §19d AufenthG to Naturalization begin with the organization of the required documents. Here it is particularly important to pay attention to the options that will allow you to be naturalized more quickly.
If you are married to a German spouse, you can become a German citizen after just 3 years at Naturalization . If you have proof of special integration achievements, such as a B2 certificate or voluntary work, you can become a German citizen after 6 years and if you pass the naturalization test, Naturalization after 7 years.
The second step after organizing the documents is to obtain the application form. Then complete the application form at Naturalization and check that all your documents are complete.
Now contact your naturalization authority and submit your Residence permit . If necessary, submit an Lawsuit for failure of act. As a final step, the naturalization authority will contact you for an appointment at Naturalization and you will receive your Naturalization and have reached your destination.
Documents required for the application with § 19d
The legal basis for the documents for Naturalization can be found under § 10 StAG. With your Residence permit you already have some prerequisites (securing your livelihood, B1 certificate, clarification of identity). The documents for Naturalization are made up as follows:
- Proof of livelihood
- Signed declaration of loyalty and commitment to the free democratic basic order
- Proof of successful naturalization test
- Proof of clarification of identity
- Proof of resignation from the citizenship of your home country (there are exceptions in § 12 StAG where this may not be necessary for you)
- Proof of legal residence (8 years, 7 years, 6 years or 3 years, depending on the case).
- Proof of B1 certificate
Summary
As you can see, the background to Section 19d AufenthG is very complex. Here is a summary of the most important details for you:
- Section 19d AufenthG is a labor law provision. Residence permit
- The Residence permit is awarded to the holder of a Tolerance permit with training or studies in Germany or with a recognized university degree + 2 years of professional experience in the industry or 3 years of qualified employment.
- Other conditions include a contract of employment (either already employed or in prospect), housing benefit, a means of subsistence, B1 certificate and clarification of identity and approval from the Federal Employment Agency.
- Family reunification is easily possible with Residence permit .
- Travel (whether abroad or domestically) is possible with Residence permit and valid travel documents.
- The time in the training toleration or employment toleration is not counted as a period of residence. The calculation begins upon receipt of § 19d AufenthG
- For the first two years, you are very tied to your job and your work through your Residence permit. This situation will change after the extension.
Settlement permit with § 19d AufenthG?
FAQ - The most important questions and answers on Section 19d AufenthG
§ Section 19d AufenthG is an employment permit Residence permit. It is granted to people who previously held a tolerated stay for training or tolerated stay for employment, or who have completed training abroad and have been working continuously as a skilled worker for 3 years. People with a foreign university degree can also obtain § 19d AufenthG.
Yes. Naturalization is possible with this Residence permit . However, it is important to note that the time before Residence permit is not included in the calculation of the length of stay.
Yes. Settlement permit can be done easily with § 19d AufenthG. You already meet some of the requirements for Settlement permit if you are in possession of this residence permit. The application for Settlement permit can be submitted after 5 years of residence in Germany with your Residence permit .
Travel with § 19d AufenthG is possible both in Germany and abroad. It is important that you have your Residence permit and your valid travel documents with you. It is also possible to travel to your home country.
Yes, family reunification with this Residence permit is possible without any difficulties. You can bring the members of your core family (spouse, underage children, siblings and parents) to Germany as part of family reunification. You fulfill requirements such as securing a livelihood and living space with your Residence permit.
The Residence permit for the purpose of employment is extended depending on the length of the employment contract. As a rule, in the case of permanent employment contracts, the title is extended for up to 3 years
Under Section 19d AufenthG, Settlement permit is generally issued in accordance with Section 9 AufenthG or Naturalization. Unlike other residence permits, Section 19d AufenthG is not blocked for Naturalization .
