Germany Work Permit Under § 19c in conjunction with § 9 BeschV

Overview

Section 9 of the Employment Ordinance (Beschäftigungsverordnung – BeschV) covers employment after a longer prior stay and removes the requirement for Federal Employment Agency (Bundesagentur für Arbeit) approval for foreign nationals who have already been living and working in Germany for a qualifying period. The provision is based on the recognition that individuals already established in the German labour market no longer need to go through the approval procedure (Zustimmungsverfahren) each time they wish to take up or change employment.

Combined with the general clause in § 19c of the Residence Act (AufenthG), § 9 BeschV allows a permit to be issued — or an existing permit extended — without BA involvement, so long as the prior residence conditions are met. This is a significant practical benefit for those who have already built their lives in Germany.

Legal Basis

The permit is issued under § 19c AufenthG in conjunction with § 9 BeschV. The general admission conditions of § 5 AufenthG apply. Because § 9 BeschV does not contain the approval requirement, the Immigration Office can act without a prior approval from the Bundesagentur für Arbeit. It is important to note, however, that this permit type is discretionary, and Immigration Offices throughout Germany have different interpretations of how this clause should be implemented, or whether such permits should be granted. Good German language skills, and showing strong ties to Germany, can improve your chances of being granted such a permit.

Who Qualifies — The Prior Residence Condition

The key eligibility criterion under § 9 BeschV is prior lawful residence in Germany. The provision applies to foreign nationals who have been legally residing and working in Germany for a qualifying period of two years or living in Germany lawfully for three years. Some Immigration Offices require that the person must have held a residence title permitting employment, and which was issued after approval by the Federal Employment Agency, during that period.

The rationale is straightforward: a person who has already spent several years living and working in Germany has demonstrated integration into the labour market. Requiring them to go through the full consent procedure again — including a potentially lengthy wait for BA approval — serves no practical labour market protection purpose.

Practical Effect

Once the qualifying prior residence period is met, the Federal Employment Agency’s approval requirement is lifted entirely. This means:

The person can change employer without needing to restart the approval process
They can move to a different sector or role without triggering a new consent procedure
The Immigration Office can issue or extend the permit directly, without waiting for BA input
Processing times are shorter, as one of the main procedural bottlenecks is removed

This is particularly relevant for people whose initial permit was tied to a specific employer or role, and who wish to move jobs or broaden their employment options after establishing themselves in Germany.

Core Requirements

To qualify for a permit under § 19c AufenthG in conjunction with § 9 BeschV, the applicant must demonstrate:

Lawful prior residence in Germany for the qualifying period
That the prior residence was genuine and continuous — extended absences from Germany may affect the calculation
A current employment offer or existing employment relationship
Satisfaction of the general admission conditions under § 5 AufenthG (valid passport, no grounds for exclusion, health insurance, sufficient means)

The qualifying period and the way prior permits are counted should be verified carefully, as the specific provisions interact with the type and duration of prior residence titles held.

Documents Required (non-exhaustive)

An application under § 19c in conjunction with § 9 BeschV will typically require:

Valid passport and biometric photograph
All prior German residence titles (or copies/records showing the history of lawful residence)
Evidence of prior employment during the qualifying period (pay slips, employer confirmations, social insurance records)
Current employment contract or job offer
Health insurance certificate
Proof of accommodation

Last reviewed: August 2026 — RAin Fiona Macdonald

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