When a residence permit is needed
Citizens of the EU, the EEA and Switzerland may work in Germany without special permission. For everybody else one plain rule applies. They need a residence permit (Aufenthaltstitel) that expressly allows the work.
Such a permit is never granted in general terms. It is tied to one particular job. The basis is the qualification of the person, a binding offer and the terms of the employment.
For you as the employer that means the post has to be settled before the procedure starts. Duties, working hours, place of work and pay belong in the papers from the first day.
The main routes
The law knows several routes into employment. Which one fits depends on the qualification, on the occupation and on the individual case. The list below names the routes that come up most often in practice.
- Skilled worker with vocational training: the foreign qualification counts as equivalent and the job matches it.
- Skilled worker with an academic degree: the degree is accepted or comparable to a German one.
- EU Blue Card: mainly for graduates, tied to a minimum salary and a fitting employment contract.
- Work experience instead of formal recognition (Anerkennung): possible in certain cases, tied to further conditions and evidence.
- Recognition partnership: entry before the recognition is finished, with the procedure carrying on in Germany.
- Opportunity card: entry to look for work under a points system, rarely the route for a company with a named vacancy.
Who decides what
Several offices take part in the procedure. Each one checks its own section and decides independently of the others.
If one piece is missing, the whole case stands still. Clarifying the responsibilities early is therefore time well spent.
- The recognition bodies of the federal states judge whether a qualification is equivalent.
- The Federal Employment Agency (Bundesagentur für Arbeit) approves the employment and looks at the working conditions.
- The German mission abroad issues the visa; the missions belong to the Federal Foreign Office.
- The foreigners authority (Ausländerbehörde) issues the residence permit after entry.
Approval by the Federal Employment Agency
Many jobs need the approval of the Federal Employment Agency. It checks whether pay and working hours match those of comparable staff in your company.
The figures come from you. There is a form for this, covering duties, working hours, place of work and pay. Vague entries almost always lead to queries.
You can obtain advance approval before the skilled worker applies for the visa at home. One step is then already done when the application arrives there. It says nothing about the length of the rest of the procedure.
For skilled workers the agency usually no longer checks whether candidates are available on the domestic market. Different standards apply to unskilled work.
The fast-track procedure for skilled workers
Employers can open a special procedure at the responsible foreigners authority. They act under a power of attorney from the skilled worker.
The authority bundles the steps and coordinates with the other offices. The basis is an agreement between the company and the authority. A fee is charged for it.
Whether the route pays off depends on the occupation and on the number of hires. Fixed processing times are not promised here either.
When the family comes too
Many skilled workers only decide to move if their family can come with them. Ask about this early in the conversation.
Spouses and children under age have residence permits of their own. They are applied for separately and assessed separately. Proof of sufficient living space and of a secure livelihood is usually asked for.
Whether a spouse may work depends on the permit that is issued. In many cases employment is allowed. The mission abroad and the foreigners authority will tell you what applies.
For the company this is not a side matter. Housing for a family needs more lead time than a single room. Places at a nursery and a school also want looking for early.
What to prepare in your company
Complete papers are the biggest lever in the whole process. Missing evidence is the most frequent cause of delay.
- Job description with duties, working hours, place of work and pay
- Employment contract or binding offer
- Details of the employment for the Federal Employment Agency
- Evidence of the qualification, translated and certified
- Clarity on whether the occupation is regulated
- One contact person in the company for queries from the authorities
Duties after the hire
The procedure does not end with the first day at work. As the employer you check whether the residence permit really allows this employment. The conditions noted in the document say so precisely.
A copy of the permit belongs in the personnel file for as long as the employment lasts. Note down as well when it has to be renewed. The appointment at the foreigners authority is needed before it expires.
If the employment ends earlier than planned, the foreigners authority has to be informed. How quickly that must happen is a question for the authority.
A change of duties inside the company also wants thinking through. A permit is tied to one particular post. Clear any change with the authority beforehand.
Our part in the procedure
Regalis takes down what you need, looks for suitable candidates through our own network and presents you with checked profiles. We coordinate the papers for employment, entry and residence, and we stay with both sides until the first day at work. Recognition, approval and the visa are decided by the responsible offices alone.
Frequently asked questions
Do we need the approval of the Federal Employment Agency for every post?
In many cases yes, but there are exceptions. They depend on the residence permit and on the duties. The mission abroad or the foreigners authority will tell you what applies to your case.
Can we hire someone whose qualification is not recognised yet?
In some cases yes, for example through a recognition partnership or through documented work experience. In regulated occupations there is no way past recognition.
How long does such a procedure take?
That depends on the occupation, the country of origin and the office. Nobody serious will name fixed periods. Complete and certified papers spare you most of the queries.
What is the opportunity card?
A residence permit for looking for work, awarded under a points system. For a company with a named staffing need, the permits for skilled workers are the usual route.
Please note
This article gives a general overview as at the date of publication. It is not legal advice and does not replace information from the responsible authorities. What counts is always the individual case.