International Applicants for Employment at TUM

Information Regarding International Applicants

There are special requirements for hiring employees who do not hold German citizenship. Before an employment contract can be signed and employment can commence, certain administrative procedures are required and documents and forms must be submitted.

Contributing to the Protection of the Constitution

Before employment at the Technical University of Munich (TUM), applicants must complete the questionnaires on Scientology and on Loyalty to the Constitution. If applicants were born in, hold, or have held citizenship in certain countries (see list), TUM Human Resources is obliged to contact the Federal Office for the Protection of the Constitution to request verification of the applicant’s loyalty to the constitution. This request is based on the Bavarian Government's official notice on the Duty to Uphold the Constitution in Public Service and may take some time (approx. 2 weeks) to process.

Applying for a Residence Permit

In order to work at TUM, nationals from non-EU/EEA countries require a valid residence permit. For academic staff certain particularities apply.

When applying for a residence permit at the Ausländerbehörde (immigration authority) of the Kreisverwaltungsreferat (Regional Administrative Office, KVR) in Munich, as a rule, the “Fachberatung Hochschulen, Wissenschaft und Forschung” (specialized unit for higher education, science and research) will be the department responsible for processing prospective TUM employee applications.

As a rule, a residence permit for “wissenschaftliche Personal” (academic staff) (§ 18b Residence Act (AufenthG)) is issued to academic staff. If the applicant meets certain requirements (e.g. reaches a certain income threshold), it is possible to apply for an “EU Blue Card”, which offers advantages with regard to family reunification and a subsequent permanent residence permit (§ 18g AufenthG).

Applicants planning to obtain a residence permit on this basis must select “Wissenschaftliche Mitarbeiter*in” (academic staff) under “Bitte Zutreffendes auswählen” (please select applicable option) in the online application of the immigration authority in Munich.

If the applicant is to be employed exclusively for research activities or as a visiting researcher, a residence permit for "Forscher*in mit Aufnahmevereinbarung" (researcher with hosting agreement) (§ 18d AufenthG) or "Gastwissenschaftler*in mit Aufnahmevereinbarung" (visiting researcher with hosting agreement) (§ 18f AufenthG) may be an option. 

In this case, “Gastwissenschaftler*in oder Forscher*in mit Aufnahmevereinbarung” (visiting researcher or researcher with hosting agreement) under “Bitte Zutreffendes auswählen” (please select applicable option) must be selected in the online application of the immigration authority in Munich, and a signed hosting agreement between the supervisor and the researcher must be uploaded when prompted by the online application system.

Be aware: The option selected in the online application form will determine the legal basis on which the immigration authority reviews the applicant’s documents to accept or reject the application. It is essential that the documents submitted coincide with the requirements for the residence permit option that has been selected.

If it is not clear for which type of residence permit the applicant is applying, i.e. academic staff or researcher/visiting researcher, the immigration authority will ask for clarification or put the application on hold. While in everyday university life a “researcher” can be considered “academic staff,” and vice versa, the immigration authority differentiates between these terms on the basis of immigration law. The distinction is crucial, because the different types of residence permit require the applicant to submit different kinds of documentation.

For this reason, we ask that applicants clarify with the departments that are hiring them in advance for which type of residence permit they are to apply. This must also coincide with the information on the “Erklärung zum Beschäftigungsverhältnis” (Declaration of Employment) and the description of the tasks involved in their employment. A hosting agreement must only be issued to applicants applying for a residence permit as “researcher” or “visiting researcher”.

To ensure the success of the application, there are a few points to keep in mind:

• Allow for processing time at the immigration authority
  
  All applications for a residence permit require a certain amount of processing time at the immigration authority. After reviewing the documents submitted, the immigration authority may have to request documents from third parties (other immigration authorities, security authorities) in individual cases. As a result, the average processing time in Munich is 10 to 12 weeks. Please take these waiting times into account when planning to hire staff.
  
  
• Declaration of Employment for applicants seeking a residence permit for skilled workers holding a university degree 
  
  The regulations under immigration law stipulate that there must be an actual job offer before a residence permit for the pursuit of gainful employment can be issued. Until October 2023, such an offer was substantiated with a “Letter of Intent” and the form “Declaration of Employment”.
  
  Under current law, a “Letter of Intent” is no longer required. It is also no longer necessary to submit a draft of the employment contract, as previously requested in individual cases. Instead, the form “Declaration of Employment” alone is sufficient to prove the existence of an actual job offer.
  
  However, it is absolutely essential that the “Declaration of Employment”, as the employer's key document, is carefully and completely filled out by the employing departments of TUM and issued to the applicant for submission to the immigration authority. The information provided in this form is essential for the immigration authority to make a decision. Missing or incomplete information means that the application cannot be processed and will cause significant delays in processing. It will then be necessary to make additional appointments to submit the missing documents at the immigration authority. For this reason, ensure that the information on this form is complete and correct!
  
  A completed sample “Declaration of Employment” form is available for reference.

• Assurance according to § 18(2) No. 4a AufenthG that the job will in fact be performed
  
  The Residence Act (§ 18(2) No. 4a AufenthG) stipulates that the foreign person and the employer must provide assurance that the job will actually be performed. For this purpose, the immigration authority at the KVR in Munich provides the form “Versicherung zur Ausübung einer Beschäftigung” (assurance that the job will in fact be performed), which must be signed by both the hiring department and the applicant. This form must be uploaded together with the Agreement (see next bullet point) when the online application system prompts to upload the employment contract (see below for details). There are plans for the form to be displayed as a separate item in the contact form in the future. 
  
  
• Agreement between the Kreisverwaltungsreferat der Landeshauptstadt München - Ausländerbehörde (Regional Administration Office of the City of Munich - Immigration Authority) and TUM for applications from persons with residence in Munich 
  
  Following a joint agreement between the Immigration Authority of the Regional Administration Office of the City of Munich and TUM dated 18 October 2023, the submission of a “Letter of Intent” and any potentially requested draft of an employment contract are no longer required.
  
  While this Agreement only applies to cases within the jurisdiction of the City of Munich, the “Declaration of Employment” is also the key document for all other immigration authorities. We therefore assume that this procedure can be applied to other immigration authorities and that a “Letter of Intent” is no longer necessary. Should a “Letter of Intent” still be required in individual cases, TUM will provide it to the applicant.
  
  Because the online application system of the immigration authority still requires a “Letter of Intent” or an employment contract to be uploaded (mandatory field), it was agreed that a standard statement referring to the aforementioned Agreement from 18 October 2023 is to be uploaded in its place.
  
  This statement on the Agreement between the KVR and TUM has been drawn up on TUM letterhead featuring the TUM logo as a recognizable symbol to alert employees of the immigration authority to the “TUM” brand and the agreements that have been made with the university.
  
  We ask that applicants be given this supporting document and the “Declaration of Employment” to submit as part of their residence permit application.

• Hosting Agreement for Stays for Research Purposes (§ 18d or 18f AufenthG)
  
  As a research institution recognized by the Federal Office for Migration and Refugees, TUM is authorized to make hosting agreements with foreign researchers for research purposes. This agreement is the foundation for the granting of a residence permit in accordance with § 18d AufenthG or § 18f AufenthG. By presenting the agreement, the researcher may apply to the relevant immigration authority for a residence permit for research purposes.
  
  Instructions for supervisors: 
  With their signature, supervisors confirm that:

• The intended research project will be carried out, in particular that a final decision on its implementation has been made by TUM after reviewing the purpose, duration and funding;
• The person conducting the research is suitable and qualified for the project and holds the university degree generally required for this purpose, which allows admission to graduate programs; and
• The foreign national's costs of living are covered. 
  
  If, despite the fact that a hosting agreement has been signed, circumstances arise that make it impossible to fulfill the hosting agreement, supervisors are obliged to inform the responsible immigration authority immediately in order to avoid legal recourse or liability claims. The same applies if the requirements for a hosting agreement cease to apply or if a researcher prematurely terminates the activity for which the hosting agreement was made. 
  
  The latest form for the Hosting Agreement can be found on the website of the Federal Office for Migration and Refugees.
  
  Be aware! If the applicant is applying for a residence permit as academic staff in accordance with § 18b or § 18g AufenthG, it is not necessary to have a Hosting Agreement and this document does not need to be submitted to the immigration authority.
  
  In individual cases, the “Declaration of Employment” must also be submitted when applying for a residence permit as a researcher in accordance with § 18d or § 18f AufenthG. The sample form mentioned above can also be used in these cases. 

• Recognition of the institution of higher education abroad or the degree obtained abroad
  
  In the case of university degrees from abroad, proof of recognition of the foreign university and that the degree is equivalent to a German university degree must be submitted together with the recruitment documents. These documents are also required when applying for a residence permit. Applicants themselves are responsible for obtaining and submitting these supporting documents. In most cases, recognition or equivalence can be determined using the Anabin database. The university must be labeled “H+” and the degree must be equivalent to a Bachelor's or Master's degree (“corresponds” or “equivalent”). Applicants whose university and/or degree is not listed in the Anabin database can request a fee-based evaluation of their degree certificate from the Zentralstelle für ausländisches Bildungswesen (Central Office for Foreign Education, ZAB) in Bonn. 
  
  Even before recruitment documents are submitted to TUM Human Resources, departments can support applicants in their search of the Anabin database. It is preferable to find proof of recognition in the Anabin database, as a degree certificate evaluation by the ZAB requires payment of a fee. The database's website contains detailed search instructions.
  

Hiring Employees from Ukraine

Missing Documents  

To date, there is no legal foundation that would allow TUM to waive the requirement to submit documentation of a degree or previous employment. As a rule, recruitment under these circumstances continues to be possible; however, missing documents may have an impact on the allocation of the pay grade and the recognition of previous work experience.

Where documents are missing, the ZAB offers a plausibility check for refugees from Ukraine. Applicants who cannot provide documentation of their university degree receive a certificate if plausibility can be established. Further information is available on the ZAB website.

Residence Permit/Work Permit

Foreign nationals who have entered Germany as a result of the war in Ukraine have been granted residence permits for temporary protection in accordance with § 24(1) AufenthG.
For persons having this status to take up employment at TUM, it is necessary that the stipulation “Erwerbstätigkeit erlaubt" (gainful employment permitted) is included in the residence permit. With the Ukraine Residence Permit Continued Validity Ordinance, residence permits for temporary protection that are still valid on 1 February 2025 (including their conditions and ancillary provisions) are automatically extended until 4 March 2026. Refugees from Ukraine who meet this condition do not need to apply for an extension at the immigration authority.
For applicants for employment at TUM holding a residence permit in accordance with § 24 AufenthG that was valid on 1 February 2025, employment is possible until 4 March 2026 (provided all other recruitment/temporary employment requirements are met).

Visiting Scholars at TUM

As part of the internationalization process, high-caliber academics from Germany and abroad often come to work at or collaborate with TUM for a specific period of time.

The Guidelines for Domestic and Foreign Visiting Scholars explain the legal framework for such stays. The circular dated 14 October 2013 and the appendices in German and English can be found here.

English Documents and Translation Help

To facilitate onboarding for non-German-speaking employees at TUM, a number of important documents are available in English. Please note that these translations are provided for information purposes. Only the German version is legally binding.

English translations of TUM recruitment documents and others, such as the Werkvertrag (service contract), can be found in the relevant folder in the forms archive.

Further Services and Information

Comprehensive support is provided by

•  the Welcome Services of TUM Global and Alumni for international scientists, researchers, professors and postdocs

• the Welcome Office of the Graduate School for international doctoral students

• the TUM Institute for Advanced Study (IAS)

For questions concerning the employment contract, please contact TUM Human Resources at the respective university campus (Munich: Unit 21 and Unit 22, Garching: Unit 23 and Weihenstephan: Unit 24).

contact: ZA 2 - Personal