Qualified holders of an Exceptional Leave to Remain

If you are a holder of an Exceptional Leave to Remain and have successfully completed vocational training or university-level studies in Germany, you may be granted a residence permit for qualified holders of an Exceptional Leave to Remain for the purpose of paid employment in accordance with Section 19d AufenthG (German Residence Act). The permit can also be issued if you have been in qualified employment for at least two years. The residence permit is a step towards long-term residence and is granted on the basis of your professional success.

This page lists the requirements necessary to the granting of a residence permit.

Requirements

To apply for a residence permit as a qualified holder of an Exceptional Leave to Remain, you must meet the following requirements:

1. Professional qualification / qualified employment
   In order to be granted a residence permit as a qualified holder of an Exceptional Leave to Remain, your professional qualification must constitute one of the following three options.
   
   The first option is that you have completed qualified vocational training or university-level studies in Germany and are now working as a qualified employee in this profession.
   
   The second option is that you have a recognised foreign university degree and have worked for two years in this occupation as a qualified skilled worker.
   
   The third option is that you have been in qualified employment for three years and have been able to cover your own and your family’s living expenses for at least one year without applying for public benefits (benefits to cover the necessary costs of accommodation and heating do not count in this instance).
    
2. Covering living expenses
   You can cover your own and your family’s living expenses without applying for public benefits. This means that you do not receive public benefits such as those from the Job Centre.
    
3. Health insurance
   You and your family members must have sufficient health insurance cover. This is the case if you have statutory health insurance or equivalent private health insurance.
    
4. Adequate living space
   You and your family members have adequate living space. As a rule, this is the case if each family member over the age of six has 12 square metres of living space (excluding kitchen, bathroom and toilet) at their disposal. For children under six years of age, living space of 10 sqm is sufficient.
    
5. Sufficient knowledge of the German language
   You have sufficient knowledge of the German language. This corresponds to level B1 of the Common European Framework of Reference for Languages.
    
6. No deception about circumstances relevant to the law governing residence
   You must not have deceived the foreign nationals office about circumstances relevant under residence law. This means, for example, that you must not have deceived them with regard to your identity or your nationality.
    
7. No deliberate delay to termination of residence
   You must not have deliberately delayed the termination of your residence. This includes, for example, failing to cooperate in obtaining a passport, failing to present or destroying documents or going into hiding in order to avoid the termination of your residence.
    
8. No links to extremist or terrorist organisations exist
    
9. No criminal offences
   You must not commit any criminal offences in Germany. In this context, any criminal offence committed intentionally can prevent the granting of a residence permit.
    
10. Passport obligation
    You must have a valid passport from your home country.

If you meet all the requirements, you may be considered for a residence permit as a qualified holder of an Exceptional Leave to Remain.

If you were previously in possession of a so-called Exceptional Leave to Pursue Vocational Training and have now successfully completed said training, you will be granted a residence permit for qualified holders of an Exceptional Leave to Remain in accordance with Section 19d AufenthG (German Residence Act) if you meet the aforementioned requirements and are employed in an occupation corresponding to your qualifications.

Please bring the following with you…

If you would like to apply for or extend a residence permit as a qualified holder of an Exceptional Leave to Remain, please bring the following documents with you (if we do not already have them):

• Your valid passport
• A current passport photo
• A completed application form
• Employment contract
• Last three salary statements
• Tenancy agreement (and current rent certificate, if available)
• Proof of health insurance
• Proof of completed vocational training or completed studies (alternatively: Proof of employment as a skilled worker)
• Fee: up to € 100.00

Further documents may be required in individual cases. If this applies to you, we will inform you accordingly.

Please note: An appointment is required for the granting and extension of the residence permit. Please send us an appointment request.

Period of validity

If you fulfil the requirements for a residence permit as a qualified holder of an Exceptional Leave to Remain, you will be granted a residence permit for a maximum of two years. If you continue to fulfil the aforementioned requirements, your residence permit can subsequently be extended for two years at a time.

Paid employment

The residence permit issued to you as a qualified holder of an Exceptional Leave to Remain stipulates that you must work in the qualified profession for which you have obtained your degree for the first two years of said permit. If you wish to change your employer within the first two years, you will need the approval of the foreign nationals office. Therefore, please inform us in good time if you wish to change your employer (at least three weeks before the planned change). You may pursue any form of employment after two years.

Settling down

If you have resided in Germany for five years with a residence permit, you can apply for a settlement permit (permanent residence permit). You can find further information on the page about the settlement permit.