Residence permit for vocational training
Ausländerbehörde · Residence law
The residence permit (Aufenthaltserlaubnis) under § 16a of the Residence Act (Aufenthaltsgesetz, AufenthG) enables third-country nationals to complete qualified vocational training in Germany. It is not a discretionary decision: under § 16a Abs. 1 Satz 1 AufenthG, it is to be granted as a general rule if the Federal Employment Agency (Bundesagentur für Arbeit) has given its approval under § 39 AufenthG or if exemption from approval is provided for by the Ordinance on the Employment of Foreigners (Beschäftigungsverordnung, BeschV) or by an intergovernmental agreement. If the requirements are met, the Ausländerbehörde (foreigners authority) may only refuse the residence title in atypical exceptional cases.
The purpose of residence expressly also includes a preparatory German language course (§ 16a Abs. 1 Satz 4 AufenthG). Alongside your training, under § 16a Abs. 3 Satz 1 AufenthG you may take up employment unrelated to the purpose of the training of up to 20 hours per week – not just 10 hours, as applied before the Skilled Immigration Act (Fachkräfteeinwanderungsgesetz). In addition to in-company training, qualified school-based vocational training under § 16a Abs. 2 AufenthG is also covered.
After successful completion, you must be granted a residence permit of up to 18 months under § 20 Abs. 1 Nr. 3 in conjunction with § 20 Abs. 2 Satz 2 AufenthG to look for a job matching your qualification, provided your subsistence is secured. The frequently cited period of 12 months – which can be extended once by up to six months – applies exclusively after training as an assistant or auxiliary in healthcare and nursing (§ 20 Abs. 1 Nr. 5 AufenthG).
