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inform immigration authorities after termination of employment.
Everything you need to know about notification requirements when employing foreign nationals
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When employers and employees must inform the immigration authorities about a termination of employment.
Within what time limits must the notification to the authorities be made?
In what form the notification obligations can be fulfilled in a legally compliant manner.
What substantial fines are threatened for violations of the legal requirements.
1. Duty to provide information when employing
2. Employer's obligation to inform the immigration authorities
3. Employee's obligation to inform the immigration authorities
4. Consequences of violations
5. FAQ: Inform the immigration authorities after termination of employment
6. Conclusion: Inform the immigration authorities after termination of employment.
1. Duty to provide information when employing
During an ongoing employment relationship, both parties have various obligations to cooperate in order to safeguard the legal status of the employment. According to Section 82 Paragraph 1 Sentence 1 of the German Residence Act (AufenthG), the foreign employee is obligated to immediately report all circumstances and changes relevant to their stay and to provide the necessary documentation. This includes, for example, presenting their residence permit to us as the employer , which is often already stipulated as a condition precedent in the employment contract to prevent illegal employment from the outset.
Since the Skilled Immigration Act (FEG), Section 4a Paragraph 5 Sentence 3 Number 2 of the German Residence Act (AufenthG) stipulates that companies must keep a copy of their residence permit or work permit in paper or electronic form for the entire duration of their employment. We support companies in organizing these documentation requirements in a legally compliant manner, as employers are also obligated to provide informal confirmation of continued employment upon renewal applications. However, there is generally no further ongoing reporting obligation to authorities during the active employment relationship.
2. Employer's obligation to inform the immigration authorities
One of the most important changes introduced by the Foreigners and Integration Act (FEG) is the specific notification requirement for employers in the event of the premature termination of an employment relationship, as stipulated in Section 4a Paragraph 5 Sentence 3 Number 3 of the Residence Act (AufenthG) . The legislator responded to the experience that foreign skilled workers often failed to comply with their own notification obligations, and authorities only learned of the termination of employment after the visa had expired. We strongly advise strictly adhering to the four-week deadline from the date of becoming aware of the termination in order to meet the legal requirements of the immigration authorities.
The good news for businesses is that this notification is not subject to any specific form requirements. Since the law does not prescribe a strict form , the information can be provided informally, including via email or even verbally (including by telephone). Nevertheless, for evidentiary reasons, our law firm always recommends using the written form as defined in Section 126b of the German Civil Code (BGB). This requirement applies particularly if the residence permit was explicitly issued for this specific employment with this particular employer . Electronic transmission, such as via the contact form of the Berlin State Office for Immigration (LEA), is also sufficient.
3. Employee's obligation to inform the immigration authorities
Not only the company , but also the foreign employee themselves is obligated to report the termination of their employment. This obligation complements the employer's duty and is regulated in Section 82 Paragraph 6 Sentence 1 of the German Residence Act (AufenthG) . The employee must independently inform the immigration authorities if the employment that formed the basis of their visa ends prematurely. This serves transparency, enabling the authorities to make a new decision regarding the employee's continued stay and residence permit .
In addition to the obligations under immigration law, the employee has supplementary obligations arising from the employment contract. They must inform their employer of any changes that could jeopardize the validity of their residence permit , such as a divorce in the case of a residence permit for family reunification. Should the right to work cease, the employer may not continue to employ the employee and can assert a right to withhold their labor until the employee's status is clarified.
4. Consequences of violations
Ignoring these notification obligations is not a trivial offense, but can be costly for companies. A violation of the obligations under Section 4a Paragraph 5 Sentence 3 Number 3 of the German Residence Act (AufenthG) constitutes an administrative offense. According to Section 98 Paragraph 5 Alternative 2 of the German Residence Act, a fine of up to €30,000 can be imposed in such cases. While we observe discussions in legal literature regarding the precise definition of the term "premature termination," we advise proactive notification in the interest of minimizing risk.
In addition to purely financial sanctions, a violation can also jeopardize future cooperation with the authorities. Particularly within the framework of the accelerated skilled worker procedure under Section 81a of the German Residence Act (AufenthG), employers often enter into contractual agreements with the authorities, committing themselves to cooperation. Those who act negligently in this regard risk their credibility as a reliable partner of the immigration authorities, which can complicate future visa applications for new skilled workers.
5. FAQ: Inform the immigration authorities after termination of employment
How long do I have to report my resignation?
Both employers and employees must notify the relevant immigration authority of the early termination within four weeks of becoming aware of it.
Do I need to use a special form?
No, the notification can be informal. This means that, in addition to a letter, a notification by email or a phone call to the authority is also legally sufficient.
Does the reporting requirement also apply to trainees?
As it currently stands, the specific notification obligation of the employer pursuant to Section 4a Paragraph 5 Sentence 3 No. 3 of the Residence Act refers to the termination of employment, not explicitly to training.
What happens if I forget to send the message?
In the event of a breach of the notification obligation, the employer faces a fine of up to 30,000 euros in accordance with Section 98 of the Residence Act.
6. Conclusion: Inform the immigration authorities after termination of employment.
Promptly informing the immigration authorities after a termination of employment is an essential obligation for both employers and employees. While the notification itself is informal and straightforward, the consequences of failure to do so can be severe, including substantial fines. As experts in visa law, we support you in meeting all deadlines and fulfilling your documentation requirements accurately, allowing you to focus on your core business with legal certainty.
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Further Information
[1] Timmermann/Uznanski/Mävers/Klaus, Employment of foreign workers, 2nd ed. 2025