I'm Abhishek, a recent master's graduate in Germany. I got a job as a financial data analyst from a third-party company and the contract is for 6 months. However, my residence permit was rejected by the Agentur für Arbeit in accordance with Section 40, Paragraph 1, No. 2 of the Residence Act. I'm looking for help as my visa expires on February 2nd and I don't know what to do?

Residence Act

Section 40 Grounds for denial

(1) Approval pursuant to Section 39 must be denied if [...]

  1. the foreigner intends to take up employment as a temporary worker (Section 1 (1) of the Act on Temporary Employment Businesses).
  • Are you a citizen of the European Union? Are you sure you applied for a residency permit and not a tourist visa? If you applied for a permit, what kind of permit? There are 3 different types of residency permits. It is essential that non-EU expats have their permit in order before they arrive. On what kind of visa did you arrive?
    – Mast
    Jan 21, 2022 at 17:38

1 Answer 1


In case this is not clear, a temporary worker [Leiharbeitnehmer, Zeitarbeit]

  • where the Employer loans out the employee to other employers

will not be issued a residence permit that allows you to work.

This is why the application for the residence permit was refused.

A 3rd country national, that allready has a residence permit and does not require a further approval from the Agentur für Arbeit can be employed in such a manor.

To resolve this, you should find a job where you actually work for the employer and offers a contract that is not time restricted.


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