Residence permit; deregistration of an employment relationship requiring notification

The Residence Act (AufenthG) regulates certain obligations for employers in connection with the employment of foreign nationals.

In the event of premature termination or discontinuation of actual employment (regardless of the reasons for this) by persons who have been granted a residence permit for the purpose of gainful employment (Sections 18-21 AufenthG), employers must notify the competent immigration authority within four weeks of becoming aware of this.

In the case of employment within the framework of a residence permit for vocational training for foreigners obliged to leave the country (§ 16g AufenthG), a tolerated stay for training (§ 60c AufenthG) or a tolerated stay for employment (§ 60d AufenthG), the responsible immigration authority must generally be informed within two weeks if the training or employment relationship is terminated prematurely.

The notification must include the following information

• Details of the foreign national (surname, first name, date of birth, nationality)
• Details of employer (company name, contact details)
• Date of termination of the activity

The foreigners authority then examines the consequences for the foreign national under residence law.

The employment of foreign nationals was terminated prematurely or broken off.

Notification within four weeks for persons who have been granted a residence permit for the purpose of gainful employment.

Notification within two weeks for persons obliged to leave the country who have been granted a residence permit or tolerated stay due to training or employment.

• § Section 4a (5) sentence 3 no. 3 of the Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG)
• Section 16g(4) of the Act on the Residence, Employment, and Integration of Foreign Nationals in the Federal Territory (Residence Act—AufenthG)
• Section 60c(5) of the Act on the Residence, Employment, and Integration of Foreigners in the Federal Territory (Residence Act—AufenthG)
• § 60d, para. 3, sentence 3 of the Act on the Residence, Employment, and Integration of Foreigners in the Federal Territory (Residence Act—AufenthG)

The notification can be made informally to the competent foreigners authority or via the form or online procedure provided by the foreigners authority.

The competent authority is the foreigners authority in whose district the foreign national usually resides.

A violation of the reporting requirement constitutes an administrative offense and may be punishable by a fine of up to 30,000 EUR (Section 98(2a)(2) and (4) of the Residence Act).