Change of Employer for those arriving in Germany with a Work Visa

With its strong economy, stable job market, and high living standards, Germany attracts qualified professionals from all over the world. However, career plans can sometimes change in the country of immigration. It is quite natural for a better opportunity to arise, dissatisfaction to occur in the current workplace, or for career goals to shift after arriving in Germany on a work visa. At this point, one of the most important questions that comes to mind is: “Can I change my employer while I have a work visa in Germany?”

Is a Change of Employer Possible?

Yes, changing employers is possible if you are in Germany on a work visa; however, this is subject to specific official procedures. The process can vary depending on the type of visa you hold, the state you are in, and the nature of the new job. The most crucial aspect is the approval of the Foreigners’ Office (Ausländerbehörde) and, in most cases, an assessment by the Federal Employment Agency (Bundesagentur für Arbeit).

My Company Fired Me, What Should I Do?

Individuals who come to Germany on a work visa are required to continue working in a qualified job for their residence permit to remain valid. If your company terminates your employment, you must immediately report this to the Foreigners’ Office. After notification, you must submit the employment contract signed with your new employer and the Declaration of Employment Relationship Form (Erklärung zum Beschäftigungsverhältnis) to the Foreigners’ Office and obtain the necessary approvals. Once these steps are completed, you can start your new job and prevent your residence permit from being jeopardized.

I Want to Change Companies, What Should I Do?

Plans can change in life, and better opportunities may present themselves. If you have found a qualified position in another company after arriving in Germany on a work visa, you must first obtain approval from the Foreigners’ Office. After the approval process is complete, you can legally start your new job.

How to Change Employers (Arbeitsgeberwechsel)?

When you find a new job and decide to change companies, the general steps to follow are:

1. Signing the New Employment Contract: First, you need to sign an employment contract (Arbeitsvertrag) with the new company you wish to switch to. This contract will form the basis of the application process.
2. Application to the Foreigners’ Office: With your new employment contract, you must apply to your local Foreigners’ Office (Ausländerbehörde) for a change of employer. This application should generally include the following documents:
   • Cover Letter: A letter stating your request to change employers.
   • New Qualified Employment Contract (Arbeitsvertrag): A copy of the contract signed with your new employer.
   • Declaration of Employment Relationship Form (Erklärung zum Beschäftigungsverhältnis): This form, completed and signed by your new employer, contains detailed information about your working conditions.
   • Passport or Residence Permit: Copies of your valid passport or current residence permit.
   • Professional Qualification Documents: Documents demonstrating your qualifications, such as diplomas, certificates, and recognition notices.
3. Approval from the Federal Employment Agency (Bundesagentur für Arbeit): After receiving your application, the Foreigners’ Office will usually request approval from the Federal Employment Agency. The Employment Agency checks whether the working conditions of your new job (salary, working hours, etc.) are comparable to similar positions in Germany and whether the new position is suitable for your qualifications.
4. Decision of the Foreigners’ Office and New Permit: After receiving a positive opinion from the Federal Employment Agency, the Foreigners’ Office makes the final decision. If your application is approved, you will be issued a supplementary sheet (Zusatzblatt) on which your new work permit is processed. You must not start your new job under any circumstances before you have received this new permit.

When Does the Obligation to Notify End?

For individuals residing in Germany with a residence permit according to §18a or §18b, or an EU Blue Card (Blaue Karte EU) according to §18g, the basis of the residence permit is usually an employment contract. If this employment contract ends, the person concerned is obliged to notify the Foreigners’ Office immediately.

This obligation to notify ceases once you have been lawfully employed in a job subject to social security contributions for two years, but at the latest after three years of lawful residence in Germany.

For EU Blue Card holders, this period is shorter: having been gainfully employed for only one year is sufficient.

Information provided by a Foreigners’ Office regarding the Obligation to Notify according to § 82 Paragraph 6 of the Residence Act.