§ 41 AufenthG: Revocation of Consent and Withdrawal of Work Permit

This rule is about withdrawing the approval and revoking your work permit.

The Federal Employment Agency (Bundesagentur für Arbeit) has approved your employment. It has also given you a work permit.

The authority can withdraw this approval. The authority can also revoke the work permit. This means: the authority decides for itself whether it does this. It is not an obligation for the authority — it is a discretionary decision.

This can happen in two cases.

First case: You work under worse working conditions than comparable domestic workers. This means: your working conditions are less favorable than those of comparable workers from within the country.

Second case: The requirements from Section 40 of the Residence Act are met. What exactly these requirements are is set out in Section 40.

Important: Even if one of these cases applies, the authority does not have to automatically withdraw the approval or revoke the permit. It can do so — it is not required to. It decides on a case-by-case basis, at its discretion.