Information pursuant to section 18 (2) no. 4a of the Residence Act (AufenthG) – Requirement to have a concrete job offer

A foreigner and their employer assure that the employment on which the visa application is based will actually be pursued, i.e. that the foreigner actually has a “concrete job offer” with the intention for them to take up employment accordingly pursuant to section 18 (2) no. 1 of the Residence Act, and that it is not merely a sham employment contract created in order for the foreigner to obtain a residence title pursuant to Part 4 of the Residence Act. The payment of a salary alone, without the intention for the employment to be pursued, is not sufficient.

Untrue declarations constitute “false information” and are punishable under section 95 (2) no. 2 of the Residence Act. If such an act is committed in return for a pecuniary advantage, this is punishable under section 96 (1) no. 2 of the Residence Act. The relevant aggravating factors are also applicable. Visa offices and foreigners authorities have the option of involving law enforcement authorities if they have specific reason to believe that an employment contract is being entered into only as a sham, making it void pursuant to section 117 of the German Civil Code (BGB).

By signing below, I confirm that I have read and understood the above information, and I declare pursuant to section 18 (2) no. 4a of the Residence Act that I have a concrete job offer within the meaning of section 18 (2) no. 1 of the Residence Act and that I intend to take up employment on the basis of this job offer.

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