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WORKING IN GERMANY

What happens to your work permit if you lose your job in Germany?

Losing a job can be a scary experience - especially for people living in Germany on a work-based permit. Luckily, though, getting laid off doesn't always have to mean getting on the first flight home.

A sign points to the Foreigners' Authority and the Public Order Office in Frankfurt am Main.
A sign points to the Foreigners' Authority and the Public Order Office in Frankfurt am Main. Photo: picture alliance/dpa | Sebastian Gollnow

In tough economic times, layoffs are unfortunately a fact of life. You can feel settled in your job, enjoying life in a new country, and then suddenly find yourself facing unemployment and uncertainty.

If that happens, it’s important to know the right steps to take to ensure you don’t end up losing your right to stay in Germany. This partly depends on your nationality and the type of visa you have.

For EU, EEA and Swiss citizens, the situation is relatively simple. People from these countries don’t require a permit to live and work in Germany and can simply sign on to either Arbeitlosengeld I (unemployment insurance) or Arbeitslosengeld II (long-term unemployment benefits) until they’re back on their feet.

For non-EU citizens who rely on a residence permit to live in Germany, however, things are a little trickier.

You’ll need to understand what you’re entitled to and communicate with the relevant authorities to ensure your permit stays valid and you’re given the time you need to find a new job. 

How does losing your job affect your visa? 

If you lose your job in Germany while here on a work permit, your visa doesn’t automatically expire, but there are a few steps you’ll need to take right away to ensure that it doesn’t become invalid.

Firstly, you’ll need to get in touch with your local Foreigners’ Office, or Ausländerbehörde, in order to tell them your circumstances have changed. 

According to the German Residence Act, you need to do this within two weeks of hearing that your working contract will end sooner than expected.

Don’t worry about giving too many details of what has happened: the authorities simply need to be able to identify you and have confirmation of the date at which your employment ended. 

READ ALSO: EXPLAINED: What you should know if you want to quit your job in Germany

That means a simple letter detailing your name, nationality and date of birth and the date of termination should suffice, along with the official termination letter from your employer. Ideally, this should be sent via email or post to the Ausländerbehörde you normally deal with.

Once the Foreigners’ Office are aware that you’re no longer employed, they will change the expiry date on your visa. This will give you a certain amount of time to find a new position after losing your old one. 

How long do I have to look for a new job?

The amount of time you have to look for a new job slightly depends on your Ausländerbehörde, but six months is relatively standard, with three months being the absolute minimum.

In exceptional circumstances, you may even get as many as twelve months – though this is a rarity and again up to the discretion of the case workers. 

The clock starts generally starts ticking the day your employment relationship ends, so don’t hang around too long enjoying a life of lie-ins and late brunches. 

According to career coach Chris Pyak, who helps foreigners break into the German job market, people from other countries often don’t account for the delays they may face when dealing with German bureaucracy.

An employer and employee shake hands after a job interview.

An employer and employee shake hands after a job interview. Photo: picture alliance/dpa/dpa-tmn | Klaus-Dietmar Gabbert

“The number one mistake that I see is that people let too much time go by before they apply a systematic approach to their job-hunt,” he said. “And they wait way to long before seeking help if they just keep getting rejections.”

Though six months may sound like a long time, there can often be lengthy delays even after you’ve got that all-important job offer. This can add at least another couple of months to the entire process, Pyak explained. 

“Jobseekers need to keep in mind that German HR departments work very slowly,” he added. “It is very common that you need two months to get a contract after a company has already decided that they’ll hire you.”

Can I claim benefits during this time?

In most cases, yes – but only a very specific type. 

If you’ve been employed in Germany for 12 months in the last 30, that means you’ll have racked up enough unemployment insurance contributions to be eligible for Arbeitslosengeld I (ALG I), or short-term unemployment benefit.

These contributions will have been taken out of your salary monthly and entitle you to up to 12 months of unemployment insurance payments. These amount to 60 percent of your previous salary each month, or 67 percent if you have kids. 

READ ALSO: Reader question: Can I still get German citizenship after claiming benefits?

Bear in mind that if you take severance pay, you may waive your right to ALG I for up to three months, so you may have to make some careful calculations before accepting a severance offer.

If you’re not entitled to ALG I, it’s best to try and negotiate the best severance package you can, as non-EU citizens who are on temporary permits aren’t entitled to longer-term unemployment benefits, i.e. Arbeitslosengeld II (ALG II). 

What happens once I find a new job?

Since most work permits are dependent on a specific working relationship between you and your employer, you will usually need permission from the Ausländerbehörde to start a new job. 

“When changing jobs, employees with a residence title are required to contact the competent foreigners authority,” Christian Westermann, lawyer and labour law specialist at the law firm Rose & Partner in Hamburg, said in a statement. “Otherwise, the title may expire and they may have to return to their home country.” 

In some cases, like with the EU Blue Card, your job may need to meet a certain salary threshold to be suitable. In other cases, the Foreigners’ Office may want to check that it is in a relevant field and matches your qualifications.

Job applicant works on CV

A job applicants works on their CV. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

READ ALSO: What happens to your EU Blue Card if you lose your job in Germany?

There are two situations in which you won’t have to ask permission from the Foreigners’ Office and can simply email them a copy of your new contract once you receive it:

  • If you’ve been on your current working visa for at least two years, or,
  • If you’ve been in Germany on any type of visa for at least three years (though time spent studying only counts as half).

Once the Foreigners’ Office accepts your request to change employer, you will need to switch to a new residence permit that is linked to this employment relationship. This can take another few months. 

What if I don’t find a new job? 

If you don’t find a new job within the allotted time, you will usually have to leave Germany before your residence permit expires. 

However, there are some other options for staying the country, such as finding a university or language course to study on or having your spouse apply for a family reunification visa. 

A qualified immigration lawyer can talk you through your options, or you can conduct some research yourself online.

READ ALSO: How to get fast-track permanent residency rights in Germany

In any case, it’s important to apply for any extensions or changes with plenty of time before your current visa expires. That will avoid accidentally overstays that could result in an order to leave the country. 

If you do end up leaving, it can take several months to be able to return to Germany. That’s because you will have to continue your job search outside of the country and start the process of visa and residence permit applications once again from scratch. 

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For members

GERMAN CITIZENSHIP

How much do you need to earn to qualify for citizenship in Germany?

Applicants for German citizenship need to be able to support themselves financially, but it's often unclear what that means in practice. Here's how to work out if your income is high enough for citizenship.

How much do you need to earn to qualify for citizenship in Germany?

Out of the requirements for qualifying for a German passport, supporting yourself financially is one of the most important – and one of the most confusing.

Many foreigners assume that the authorities have a magic number in mind and will often worry about whether their income is above or below this threshold.

In reality, though, the law is much more flexible. In section 10 of the nationality law, it states that applicants must show that they “can support themselves and their dependent family members without claiming benefits under the Second or Twelfth Book of the Social Code.”

In other words, that your income is healthy enough to not rely on the state for things like long-term unemployment benefits.

According to Fabian Graske, an immigration lawyer at Migrando, around €1,500 gross per month for a single person is usually considered enough to live on. 

That said, there isn’t really a one-size-fits-all approach to this quesiton. 

When it comes to working out if your income is high enough, you’ll need to take into account a number of factors that your case worker at the naturalisation office will also weigh up. 

That’s why it’s important to ask yourself a number of questions that go beyond just how much you earn: 

How high are your living costs? 

In Germany, there are huge regional differences in the cost of living, so what someone can afford to live on varies hugely from place to place.

For example, someone living in pricey Munich is likely to need much more money for rent or their mortgage than a resident of much more affordable places like Halle or Leipzig, so you should consider whether what you earn is enough to offer a basic standard of living in the city or town you live in. 

READ ALSO: Requirements, costs and permits – 6 essential articles for German citizenship

It is worth mentioning, though, that what you actually pay for rent and bills matters more than the averages. If you’re lucky enough to find an apartment with unusually low rent in Berlin, for instance, you can probably get away with earning less money as well. 

Are you single or do you have a family?

If you’re single and have no children, you’ll likely get a lot more lenience from the authorities when it comes to having a lower-than-average income.

A family sit at a lake.

A family sit at a lake in Bavaria. Image by Eva Mospanova from Pixabay

Of course, if you have dependents such as kids or a spouse who doesn’t work (or both), you’ll need to ensure not only that your own living costs are taken care of, but also that your family can survive on your income alone.

That naturally means you’ll be expected to earn a certain amount more for each dependent child or adult.

On the plus side, any income your spouse does earn will be counted alongside your own, so if you’re the one who is supported by their partner, the authorities will also take this into account. 

Is your job stable or unstable?

One key thing to think about when applying for citizenship is the security of your work contract. Someone who has a long-term contract with an employer and has passed their probationary period will be in a much better position than someone who is still on a three-month trial, for example.

This doesn’t mean you shouldn’t submit a citizenship application after just starting a new job, but be aware that the authorities may well wait to process your application until you’ve passed the initial probation and have been put onto a longer-term contract. 

A similar rule of thumb applies to people who are currently claiming Arbeitslosengeld I (ALG I), or unemployment insurance. Though this doesn’t disqualify you from citizenship, it may delay your application until you can find a stable job. 

READ ALSO: Can I still get German citizenship after claiming benefits?

Do you need to rely on welfare payments to get by?

A key aspect of German naturalisation law is working out whether you’re likely to be a financial burden on the state by relying too much on the welfare system.

The entrance to the Jobcenter in Düsseldorf,

The entrance to the Jobcenter in Düsseldorf, North Rhine-Westphalia. Photo: picture alliance/dpa | Oliver Berg

While everyone needs a helping hand from time to time, claiming benefits like long-term unemployment benefit (Bürgergeld) or housing benefit (Wohngeld) to top up your income sadly shuts you out of the naturalisation process and could also make it hard for you to qualify in the future. 

Luckily, this doesn’t apply to all types of state support – Kindergeld, ALG I and Bafög don’t count, for example – so seek advice from a lawyer or your local citizenship office if you’re unsure.

How old are you?

Though this is hard to fully quantify, age can sometimes play a role in assessments of your financial fitness in Germany.

A young person fresh out of university or vocational college may be seen as someone with high earning potential over the years, so in some cases the authorities may take a more relaxed approach to their current income.

In contrast, an older person coming to the end of their working life could be held to slightly stricter standards. 

This is also why it can be important to show that you have sufficient pension contributions or another form of security for the future, such as owning your own home or having lots of savings. 

READ ALSO: How can over 60s get German citizenship under the new nationality law?

What counts as ‘income’ under German law?

It’s important to note that income doesn’t just have to mean the salary you get at your job: income from rental properties, side hustles and freelance gigs can also be included, as well as things like alimony payments after divorce.

Once again, if you’re unsure, just ask. The citizenship offices are there to advise you and should give you clear instructions about what kind of documents count as proof of income in your application. 

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