Employer certificate settlement permit
All information about the employment contract and the employer's certificate when applying for a settlement permit.
Here you learn ...
Proof of livelihood for the settlement permit
Requirements for employment contracts for the settlement permit
everything about the employer certificate for the settlement permit
everything about the work permit for permanent residence
Table of Content
1. Livelihood settlement permit
2. Requirements Employment contract Residence permit
3. Employer certificate for permanent residence permit
4. Work permit settlement permit
5. Conclusion Employment contract/employer certificate for permanent residence
1. Livelihood settlement permit
According to Section 9, Paragraph 2, Sentence 1, No. 2 of the Residence Act, a settlement permit requires that you can support yourself without relying on social benefits . Similar to naturalization, there are stricter requirements for proving your livelihood for a settlement permit, as a settlement permit essentially means that the foreigner will remain in Germany permanently. Therefore, your livelihood must also be secured permanently.
In practice, therefore, when applying for a permanent residence permit, there are not only formal requirements regarding the employment contract , but also a so-called employer's certificate, which must be submitted to prove that you have sufficient means of subsistence. This article will provide you with everything you need to know about the required content of the employment contract and the employer's certificate for applying for a permanent residence permit.
2. Requirements Employment contract Residence permit
A permanent employment contract is a key prerequisite for obtaining a permanent residence permit. A permanent employment contract is typically sufficient for a permanent residence permit. However, a fixed-term employment contract may also be sufficient if the applicant has a stable employment history and the prognosis shows that the applicant will not receive social benefits in the long term. Factors such as completed vocational training, professional experience, the duration and continuity of the employment relationship, and income are crucial.
For employees, the following also applies: If a person is still in a probationary employment relationship, the probationary period must generally be completed , as termination options are easier during this phase. If the employment relationship has recently begun and no probationary period has been agreed upon, the employment relationship must have existed for at least three months to be considered stable.
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3. Employer certificate for permanent residence permit
Another requirement for applying for a permanent residence permit with an employment contract is often the submission of a so-called employer's certificate . In the employer's certificate, the employer must confirm the terms and conditions of the employment relationship (salary, successful probationary period, contract term) and that the employment relationship is currently ongoing . This is intended to prevent employees from applying for a permanent residence permit with an employment contract that has actually already been terminated . This occurs relatively frequently, as many foreigners only consider permanent residence after being dismissed.
Unfortunately, many immigration authorities only issue a template for the employer certificate upon specific request. This significantly delays the application process for a settlement permit, as documents must be submitted later. However, there is no official form for the employer certificate, and in particular there is no legal requirement for a specific form. The employer certificate can therefore generally be worded freely , as long as it contains the relevant content (in particular, confirmation that the employment relationship has not yet been terminated ). If you do not want to write your own employer certificate, you can simply use a template from another immigration authority (see, for example, the sample employer confirmation from the immigration authority in Frankfurt am Main ). The employer certificate should not be older than 14 days when submitted.
4. Work permit settlement permit
With regard to the proof of employment, when applying for a settlement permit, it must also be proven that the foreigner is “permitted to work, provided he or she is an employee” ( Section 9 (2) Sentence 1 No. 5 Residence Act ). This requirement also applies if access to employment is limited or otherwise
is limited. Workers only need to have a residence permit that allows them to pursue the type of employment they are pursuing. The opposing view, according to which unrestricted access to employment is essential, finds no support in the wording.
Another form of employment permit is a professional practice permit. If you need further information on obtaining a professional practice permit while practicing a regulated profession, we have written a VISAGAGUARD article on this topic. One of our attorneys would be happy to advise you on this matter.
Summary of this Page
Anyone wishing to apply for a settlement permit must prove that they can permanently support themselves independently. A stable employment contract is crucial – ideally permanent, but fixed-term contracts can also be sufficient under certain conditions. In addition, a current employer's certificate is almost always required. This serves as proof that the employment relationship still exists and has not been terminated. While there is no statutory form, the certificate should contain all relevant information (in particular, confirmation that the employment relationship has not been terminated) and, if possible, be no older than 14 days. A work permit must also be presented if required (especially for regulated professions).
