Recognition partnership: Duration of grant (§ 16d)

The residence permit pursuant to Section 16d Paragraph 3 of the Residence Act – the so-called recognition partnership – offers qualified third-country nationals the opportunity to pursue professional recognition and qualification in Germany while simultaneously working . But how long can this residence permit be granted and extended? What requirements must be met for an extension? This article provides a systematic overview of the duration and development opportunities of the recognition partnership.

Initial issue and extension of the residence permit

The recognition partnership is issued for the first time for the duration of the approval by the Federal Employment Agency (BA) – but for a maximum of twelve months . An extension is possible if the requirements are still met. This extension can then be granted – with renewed approval from the BA – for a period of up to three years (Section 16d Paragraph 3 Sentence 5 of the Residence Act). The decisive factor is proof that the skilled worker in question is actively pursuing the recognition process . Various forms of evidence can be used for this: a formal application to the responsible recognition body, an initial notice of approval, a certificate of participation in a training measure or – in the case of purely in-company training – a certificate from the employer. The extension is not automatic; rather, each application is checked to see whether the process is actually progressing.

Duration of the recognition procedure and impact on residence

The recognition procedure covers the entire processing time from application to the issuance of a final decision by the recognition body. In regulated professions, this can also include the issuing of a professional permit. This also includes necessary qualification measures and subsequent examinations. If a final decision is issued – even if it is negative – this ends the procedure within the meaning of Section 16d Paragraph 3. If recognition is not possible, the basis for the residence permit no longer applies . The person concerned can, however, switch to a different residence permit provided the respective requirements are met. In particular, stays pursuant to Section 19c Paragraph 2 of the Residence Act in conjunction with Section 6 of the Employment Ordinance ( experience visa ) come into consideration here . A new recognition partnership can also be entered into, subject to a maximum total duration of three years.

Protection of existing rights and change to other residence permits

A transitional arrangement applies to persons who already received a residence permit under Section 16d (3) of the old version before March 1, 2024. If the desired recognition fails within the two-year period of issuance, a change within the system of Section 16d of the Residence Act is possible – provided the other requirements are met. The respective maximum duration of three years must also be observed here.

Conclusion

The recognition partnership provides a useful bridge between employment and the recognition of foreign professional qualifications and is generally granted for 12 months (upon initial approval), subject to the approval of the Federal Employment Agency. However, the residence permit is strictly tied to progress in the recognition process and the approval of the Federal Employment Agency. Forward-looking planning—particularly with regard to language skills, employer selection, and alternative residence permits—is essential. The maximum duration of three years sets a clear time limit for the process. Those who know and adhere to these framework conditions have a good chance of successful recognition and integration into the German labor market.