Change of Status Applicants can Start Work Sooner
December 14, 2020
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The situation
Under a new law, foreign nationals applying to change employers or to change status to an employment permit in country can start working once the immigration office orders the requested permit to be printed. Previously, these individuals had to wait for their new residence permit card to be printed, which could take up to six weeks from the order date.
A closer look
Details of the new law include the following:
- Affected applicants. The new law affects individuals holding a residence permit for employment-related purposes who are applying for a change of employer in country or applying for a change of status to an employment-related residence permit type in country. The latter category includes Best Friend Permit applicants (which includes Canada, New Zealand and U.S. nationals, among others) and foreign graduates applying in country for an employment-related permit with their German employer.
- Work authorization upon immigration approval. Under the new law, applicants are work authorized once the immigration office approves their change of employer or change of status application; they no longer need to wait for their permit to be printed by the Federal Printing Office, which can take up to six weeks from the immigration office approval, to start work.
- Interim permits. Immigration offices are required to issue interim permitsto individuals under the new law, which can serve as proof of work authorization while their final permits are being printed. Interim permit issuance is, however, expected to vary considerably between states. Fragomen expects these policies to be clarified in the upcoming weeks as state immigration offices start applying the new rules.
- Unaffected categories. The new law does not grant work authorization upon approval to individuals applying for change of status to non-employment related purposes (such as family reunion permits), even where these permits include work authorization; instead, these foreign nationals must wait for their permits to be printed.
Impact
Affected foreign nationals will be able to start working up to six weeks sooner than under the previous rule.
Background
Germany already permitted renewal applicants to continue working and residing while their renewal application was pending, based on an extension of the previously held work and residence status.
Looking ahead
The new law may improve retention of talented foreign nationals, as foreign nationals will be incentivized to remain in Germany due to their ability to change employers without gap periods or to eliminate a gap in work authorization if they are applying for a change of status.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
