Feb 04, 2025 .

CONDITIONS FOR OBTAINING RESIDENCE IN GERMANY THROUGH WORK AND OTHER MEANS: COMPREHENSIVE INFORMATION

This text provides general information on how individuals residing in Germany as refugees or through other means can obtain a residence permit through employment, children, youth, or marriage. The explanations provided here do not constitute legal advice. Before making any decisions, it is strongly recommended to consult a lawyer, a legal advisor, or the relevant government authorities.

1. OPTIONS FOR STAYING THROUGH EMPLOYMENT

Individuals seeking to obtain residence in Germany through employment must meet the conditions set forth in the Skilled Immigration Act (Fachkräfteeinwanderungsgesetz), published in the Official Gazette on November 18, 2023, as well as the relevant provisions of the Residence Act (Aufenthaltsgesetz), including sections 18a, 18b, and 19c. One of the most crucial requirements is having entered the country before March 29, 2023, and continuously staying in Germany without leaving. For asylum seekers, the entry date is considered the day they provided their fingerprints.

University and higher education graduates are generally evaluated under § 18b, while individuals with an associate degree, vocational school diploma, or a master/craftsman certificate can apply under § 18a. Those who have worked in a different field for at least two years in the past five years under a social security scheme may qualify under § 19c.

For example, a person who graduated as a teacher but has sufficient experience in an office job in Turkey may apply for residence under § 19c based on this office profession.
Simply having a permanent employment contract (Festvertrag) or not receiving social assistance does not automatically qualify someone for a work-based residence permit. Authorities also consider legal residence duration, professional qualifications, language skills, and the absence of a criminal record.

2. OBTAINING RESIDENCE THROUGH CHILDREN, YOUTH, AND FAMILIES (§§ 25a, 25b, 104c Residence Act)

§ 25a Residence Act (Youth Aged 14-26)

Young individuals who have resided in Germany continuously for at least three years and have spent the last 12 months under Duldung (temporary suspension of deportation) may qualify for a residence permit under this section.

Key conditions:

  • B1-level German language proficiency
  • Passed the “Leben in Deutschland” (Life in Germany) exam
  • Currently enrolled in a school or have already obtained a school diploma in Germany

Individuals aged 18-26 can obtain residence independently and have the right to family reunification with their parents or minor siblings. However, for those aged 14-18, family reunification is limited to parents and minor siblings.

§ 25b Residence Act (Families with Young Children)

This section regulates the possibility for parents who have lived in Germany for at least four years and spent the last year under Duldung to obtain a residence permit through their young children.

Key conditions:

  • Good integration (e.g., basic language skills, no criminal record)
  • Regular school attendance of the child
  • No reliance on social benefits

This provision allows families with children to obtain residence more easily.

§ 25b Residence Act (6-Year Condition – Childless Adults)

In some cases, childless adults may also qualify for residence under § 25b. This requires:

  • At least six years of uninterrupted residence in Germany
  • The last 12 months spent under Duldung
  • Good integration, no criminal record, and financial self-sufficiency without social assistance

Married couples without children or single individuals who meet this requirement may apply for residence and a work permit.

§ 104c Residence Act (Special Regulations for Youth and Adults)

This section grants additional rights to individuals who entered Germany before October 31, 2022, and have spent at least one year under Duldung.

For individuals under 27:

  • Arrived in Germany before October 31, 2019
  • At least three years of continuous residence
  • Good integration, no criminal record, and financial self-sufficiency

For adults:

  • Arrived in Germany before October 31, 2017
  • At least five years of continuous residence
  • Financial self-sufficiency without social assistance, no criminal record

3. HARDSHIP APPLICATION (HÄRTEFALL) AND STATE COMMISSION

A “Härtefallkommission” (hardship commission) exists for individuals who have exhausted all legal options, had their asylum applications rejected, and are facing deportation. These commissions evaluate:

  • Integration into society
  • Participation in social and volunteer activities
  • Personal and legal situation

If the commission determines that the applicant has successfully integrated, they may recommend granting residence and a work permit under § 23a Residence Act, potentially preventing deportation permanently or temporarily.

4. TEMPORARY PROTECTION DUE TO WAR (§ 24a Residence Act)

As seen during the Ukraine-Russia war, individuals fleeing armed conflicts may be granted temporary protection in Germany as long as the war continues. Since this protection is not permanent, individuals wishing to stay in Germany should consider transitioning to employment-based or vocational training permits under §§ 18a, 18b, or 19c for a more stable solution.

5. VOCATIONAL TRAINING (AUSBILDUNG) AND DUAL STUDY PROGRAMS

Under German asylum law, refugees are eligible to work and enter vocational training (Ausbildung) nine months after applying for asylum.

Even if an asylum application is rejected and deportation proceedings begin, individuals are generally not deported during their Ausbildung. Upon completion, they can apply for permanent residence and a work permit based on their trained profession.

Similarly, the dual study program (a combination of education and practical work) is another option that grants a residence permit upon graduation.

6. RESIDENCE THROUGH MARRIAGE (§§ 30-31 Residence Act)

Many refugees inquire about the possibility of obtaining residence through marriage. However, specific conditions must be met:

  • The spouse must have a stable job and income
  • The couple must be financially independent from social benefits
  • Some Foreigners’ Offices (Ausländerbehörde) require the individual to return to their home country and re-enter Germany with a family reunification visa instead of granting residence directly through marriage

CONCLUSION

The above regulations demonstrate that simply having a permanent job contract (Festvertrag) and not receiving social benefits is not enough to obtain residence.

German authorities carefully evaluate several factors, including:

  • Entry date
  • Duration under Duldung
  • Language proficiency
  • Degree of integration
  • Criminal record

Therefore, to obtain residence through work or other legal means, it is essential to comply with all relevant legal provisions and requirements.

Before making any critical legal decisions, it is strongly recommended to consult a lawyer or an official advisory centerand refer to up-to-date official information.

This text serves as a general information resource and does not constitute legal advice.

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