Since 29 July 2026, additional protection has applied in Germany to foreign workers whose employment ends prematurely. Even if the immigration authority shortens the validity of their residence permit as a result, the permit must remain valid for at least six months from the end of employment. This is provided for in Section 18(5) of the Residence Act. However, this provision does not extend the permit beyond its original expiry date.
Who does this provision apply to?
The provision applies to foreign nationals who received a residence permit for a specific job under the provisions of the Residence Act’s section on residence for the purpose of economic activity. It is not limited to skilled workers. For the additional protection to apply, the employment for which the permit was issued must end prematurely, and the worker or employer must inform the immigration authority.
If a fixed-term employment contract expires on the agreed date, this provision alone does not guarantee the right to stay for another six months. The options available depend on the type of residence permit and its period of validity.
The situation is different for people from Ukraine with temporary protection under Section 24: their right to stay is based on their protection status rather than a specific job. Losing their job alone therefore does not invalidate their residence permit. However, those who have switched from Section 24 to a residence permit for employment must comply with the conditions attached to that permit.
How are the six months calculated?
The period starts on the day employment ends, rather than when the immigration authority is notified or makes its decision. If there are sufficient grounds to believe that the person experienced particularly exploitative working conditions, the minimum period is nine months. In both cases, the permit’s original expiry date remains the limit.
For example, if a permit is still valid for another year after employment ends prematurely, the authority cannot shorten its validity to less than six months from the end of employment. If the permit expires in just two months, however, this provision does not automatically extend it. The options for a further stay must then be considered separately.
What should workers do after losing their job?
Workers must notify the immigration authority of the premature end of their employment within two weeks of learning about it. This is required under Section 82(6) of the Residence Act. It is advisable to attach the termination letter or another document confirming the end of employment and keep proof of submission.
Employers must also notify the immigration authority within four weeks of learning that the employment has ended prematurely. However, this does not replace the worker’s own obligation to notify the authority.
Workers must also contact the Employment Agency (Agentur für Arbeit). The first step is to register as a jobseeker (Arbeitsuchendmeldung). This must be done no later than three months before employment ends. If workers learn that their employment will end with less than three months’ notice, they must register within three days of receiving this information.
If they have not found a new job, they must also register as unemployed (Arbeitslosmeldung) no later than their first day of unemployment. This is a separate procedure: registering as a jobseeker does not replace it.
Unemployment benefit (Arbeitslosengeld) must be applied for separately. Eligibility depends on meeting the statutory requirements. Notifying the immigration authority does not replace either registration with the Employment Agency.
Can workers start another job immediately?
This depends on the type of residence permit and its conditions. Workers should therefore check the information on their residence permit card and supplementary sheet (Zusatzblatt). If permission to work is restricted to a particular activity or employer, they generally need approval from the immigration authority before starting another job.
Special rules on changing employers apply to certain residence permits, including the EU Blue Card. Workers should therefore check the procedure applicable to their own permit. A valid residence permit does not automatically authorise every type of employment.
If the residence permit is about to expire
Workers should check well in advance whether their current permit can be extended or a different permit can be issued. The relevant application must be submitted before the current permit expires. Simply booking an appointment is not enough.
Under the general rule in Section 81(4), if an application to extend a residence permit or obtain a different one is submitted in time, the existing permit is deemed to remain valid until the immigration authority makes its decision. However, this does not guarantee approval or automatically expand the holder’s permission to work.
Sources:
https://www.gesetze-im-internet.de/aufenthg_2004/BJNR195010004.html
https://www.recht.bund.de/bgbl/1/2026/222/VO.html
https://www.arbeitsagentur.de/arbeitslos-arbeit-finden/arbeitslosengeld/ihre-schritte-wenn-sie-arbeitslos-werden/wie-sie-sich-arbeitsuchend-melden
https://www.arbeitsagentur.de/arbeitslos-arbeit-finden/arbeitslosengeld/ihre-schritte-wenn-sie-arbeitslos-werden
tun26102104