How long can skilled workers stay in Germany after losing their job?

Thanks to a recent rule change, foreign skilled workers are entitled to a bit more time to find new employment (or apply for another type of residence permit) if they find themselves out of work in Germany.

Here’s what has changed, and the rules around how long you can stay in the country if your job ends or is terminated.

Six months as standard

As of July this year, six months has become the standard minimum time that skilled workers should be granted on their current residence permits after a fixed-term working contract ends, or after their termination date if they suddenly lose their job.

Previously residence permits for skilled employment were typically issued for four years, or for the duration of your work contract plus three additional months.

But since the end of July, these permits should extend for six months after a fixed-term contract job ends.

Also, according to information shared in a post by lawyer Fiona MacDonald, workers whose jobs end earlier than expected should also be granted at least six months to find a new position before their current residence permit expires. And, in cases where employment ended due to exploitative working conditions, workers should be granted a nine month extension.

READ ALSO: Four things you need to do after losing your job in Germany

This change, which was not widely reported at the time, came as part of a broader set of immigration policy adjustments meant to help Germany keep its population of skilled foreign workers.

Who’s affected?

Specifically this applies to foreign workers in Germany who hold residence permits for employment under §§18a and 18b AufenthG (also known as a residence permit for qualified employment), the EU Blue Card, and permits under § 19c AufenthG.

Foreign residents holding one of these residence permits who are currently on a fixed-term contract, or who lose their job can now expect at least a six month window from their last date of employment before their current permit would expire.

If you hold one of the above permits which was issued under the previous rules and find yourself out of work, you’d be advised to contact your local immigration office (Ausländerbehörde) in writing to ask how long you have for your job search rather than assuming that your permit ends on the end date of your employment or just three months later.

Other options

Three months is an exceptionally tight window to seek out, apply for and then be hired for a new job, which is why the authorities have now been advised to grant foreign workers at least a six month window between roles.

Note that citizens from Australia, Canada, Israel, Japan, New Zealand, South Korea, the United Kingdom, and the United States — who may enter Germany and the Schengen zone for up to 90 days without a visa — are permitted to remain in Germany for 90 days after their current residence permit expires without issue.

If you can’t find a new job within the time left on your residence permit, but wish to remain in Germany, you may want to check if you qualify to switch to another residence permit type that would allow you stay in the country.

An Opportunity Card (Chancenkarte), for example, allows job-seekers to live in Germany initially for one year while seeking work. Another option for some could be switching to a permit for freelance and self-employed work.

If you have the funding, and will, to consider further education, you might instead switch to a residence permit for education, or even to study German language.

Finally there are residence permits for family reunification if you have family in the country that qualifies.

READ ALSO: What are your rights while waiting for a German residence permit?