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In brief
With an advance approval, the Federal Employment Agency checks the employment before the skilled worker applies for the visa in the country of origin. The check is mainly about working conditions, and for that the agency needs precise details from the company about the job. The advance approval does not replace the visa, but it makes the application at the mission abroad more complete.
What it is about
A skilled worker from a country outside the EU who wants to work in Germany needs a residence permit. For many of these permits, the Federal Employment Agency has to approve the employment. Without this approval the mission abroad does not issue a work visa.
Normally the mission abroad requests the approval itself once the visa has been applied for. The company can bring this step forward, however. It then applies to the Federal Employment Agency for an advance approval.
Once the advance approval exists, the skilled worker submits it with the visa application. One step of the checks is then already done when the application reaches the mission abroad.
Whether approval is needed at all depends on the residence permit and on the duties. In some cases it is not required. Ideally you clarify this beforehand with the Federal Employment Agency or the mission abroad.
What the agency checks
The Federal Employment Agency checks the working conditions. It compares pay, working hours and other terms with those of comparable employees. The skilled worker from abroad must not be treated less favourably.
For skilled workers the agency as a rule no longer checks whether candidates from the domestic labour market are available. Other standards may apply to other kinds of employment. The agency will tell you which check applies to your job.
It also checks whether the duties match the qualification. A skilled worker with a recognised qualification is meant to work in a job that requires this qualification. An unskilled job usually does not fit.
Some permits come with additional conditions, for example a certain minimum salary. The figures change and are published by the official bodies.
The details on the employment relationship
The check is based on a form, the declaration on the employment relationship. The company fills it in and signs it. It describes the job so precisely that the agency can assess it.
The clearer these details are, the fewer questions the agency asks. Copy figures from the employment contract word for word. Contradictions between contract and declaration almost always lead to queries.
- Duties with a description of the tasks
- Place of work and places of deployment
- Weekly working hours and type of employment
- Pay with all fixed components
- Start date and any fixed term
- Details on the company and on comparable employees
Who applies and with what
The employer applies to the Federal Employment Agency for the advance approval. The agency describes on its website how and where to do this. Often a particular unit of the agency is responsible for these cases.
The application includes the declaration on the employment relationship and, as a rule, the employment contract or a binding offer. Details on the skilled worker come on top, for example on the qualification. If a recognition decision exists, enclose it.
Name a person in the company who can be reached for queries. Queries often come by phone or email. Answering quickly and precisely keeps the case moving.
In the fast-track procedure, the foreigners authority obtains the approval itself. In that case the company does not file its own application with the agency. The advance approval issued by the foreigners authority in the fast-track procedure is a different document from the agency's advance approval.
After the approval: the visa application
The agency sends the advance approval to the company. The company passes it on to the skilled worker. The skilled worker submits it with the other papers at the German mission abroad.
The advance approval is only valid for a limited time. How long is stated in the agency's letter. Plan the appointment at the mission abroad early for that reason.
The mission abroad decides on the visa itself. It checks further conditions, for example the passport, the qualification and the papers. The advance approval is an important basis, but not a promise of the visa.
If the job changes after the approval, the approval may lose its basis. Clarify changes to duties, place or pay with the agency beforehand.
Common queries and how to avoid them
Most queries have the same causes. A little care before the application avoids them.
Have a second person read the declaration before you send it. A fresh pair of eyes finds missing details faster. Also keep a copy of all papers you submit in the personnel file.
- Pay is missing or not stated clearly
- Working hours in the contract and in the declaration differ
- The duties are described too vaguely
- The duties do not match the skilled worker's qualification
- Details on comparable employees are missing
- Signature or date is missing on the form
Frequently asked questions
Do we need an advance approval in every case?
No. It is an option to bring the check forward. Without it, the mission abroad requests the approval itself after the visa application, where approval is needed.
Who applies for the advance approval?
The employer, at the Federal Employment Agency. It fills in the declaration on the employment relationship and encloses the employment contract or a binding offer.
Does the advance approval secure the visa?
No. The mission abroad decides on the visa after its own checks. The advance approval is only one part of them.
What happens if the job changes?
Then the approval may lose its basis. Clarify changes to duties, place or pay with the Federal Employment Agency beforehand.
How long is the advance approval valid?
Only for a limited time. The period is stated in the letter from the Federal Employment Agency. Plan the appointment at the mission abroad early for that reason.
- For Employers How Regalis works with employers: capture requirements, present candidates, coordinate entry and the start of work. Direct employment, no staff leasing.