0

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).
1
  • 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

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.


Sources:

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.