It starts with a firm offer
A visa for employment is only issued for one named job. Without an employment contract or a binding offer no procedure begins.
The offer has to describe the work clearly. Working hours, place of work and pay belong in it expressly. Loose wording leads to queries from the authorities.
The visa is applied for in the country of origin, at the German mission abroad. The missions belong to the Federal Foreign Office and publish their information sheets there.
Read that sheet before the first step. The requirements differ from country to country, sometimes even between two missions in the same country.
With a power of attorney from the skilled worker, the company can open the fast-track procedure. Part of the coordination then runs through the foreigners authority (Ausländerbehörde) in Germany.
The steps in order
In most cases the sequence is the same. Single steps fall away, depending on the occupation and the permit.
- Sign the employment contract or the binding offer
- Settle the recognition (Anerkennung) where the occupation calls for it
- Obtain advance approval from the Federal Employment Agency (Bundesagentur für Arbeit) where it helps
- Book an appointment at the German mission abroad
- Hand in the visa application in person with all papers
- Wait for the decision and collect the passport with the visa
- Enter the country and register the address
- Apply for the residence permit at the foreigners authority
Papers that are asked for almost every time
The missions abroad publish their own lists. The following items appear on nearly all of them.
Translations belong in the hands of recognised translators. How they are certified depends on the country of origin. Some states also ask for an apostille or a legalisation.
- Valid passport and photographs to the stated format
- Completed application form of the mission abroad
- Employment contract or binding offer
- Statement from the employer about the employment
- Evidence of training and work experience, translated and certified
- Decision on the recognition, where it is required
- Proof of health insurance cover for the first period
Who supplies which papers
The tasks divide cleanly. The company supplies everything about the job, the skilled worker everything about their person.
From the company come the contract, the job description and the statement about the employment. From the skilled worker come passport, certificates, evidence of work experience and translations.
A shared list with dates and names is worth keeping. Each side then sees what is still open, and nobody waits for the other.
What the company prepares in parallel
While the procedure runs, much can be settled in house. That shortens the gap between entry and the first day at work.
- Secure housing for the first period and note the address
- Name a contact person for the new colleague
- Sketch out the induction and the shift plan
- Note the dates at the residents office and the foreigners authority
- Put the payroll papers together
- Ask about a language course or an adaptation course where needed
Appointments and waiting times
Appointments are handled differently from country to country. Some missions book online, others work with a waiting list.
No mission promises fixed processing times. They depend on the workload and on the individual case.
You can still influence the course of things. Complete papers, clean translations and a contact person who answers the phone save queries.
Plan the start of work with room to spare. A fixed starting date in the contract puts both sides under needless pressure. Wording that refers to the issue of the permit is the calmer solution.
When it does not work at the first attempt
Not every application goes through smoothly. Usually evidence is missing; less often the chosen permit does not fit the post.
The mission abroad gives its decision in writing. It states which options remain and whom the skilled worker can turn to.
Sort the reason calmly first. If only one document is missing, handing it in afterwards often settles the matter. If the objection concerns the post itself, the contract belongs back on the table.
On questions of principle, legal advice is worth the money. A second application on an unchanged basis rarely leads to a different result.
After entry
The visa does not end the procedure. Several steps follow in Germany, mostly in the first weeks.
The visa is limited in time. The residence permit has to be applied for at the foreigners authority while the visa still runs. Appointments there are often scarce, so this point belongs early.
Collect the confirmations of these steps. Payroll needs the registration certificate, the tax identification number and proof of health insurance. Without them the first payment is delayed.
- Register the address at the residents office, with the confirmation of the landlord
- Apply for the residence permit at the responsible foreigners authority
- Wait for the tax identification number and pass it to payroll
- Choose a health insurance fund and register as a member
- Open a bank account
Common stumbling blocks
Most delays grow out of small things. These points come up most often in practice.
- Names are spelled differently in passport, certificate and contract
- Translations are missing or do not come from a recognised translator
- The passport expires too soon
- Working hours or pay are stated imprecisely in the contract
- The job is changed while the procedure runs
- Papers are handed in one by one instead of together
Our part in the process
Regalis puts the papers together with the candidate and the company and watches over their completeness. We keep an eye on the appointments and tell you which step is due next. The visa and the residence permit are decided by the mission abroad and the foreigners authority alone.
Frequently asked questions
Can somebody enter on a visitor visa and switch afterwards?
We advise against it. Employment as a rule calls for the matching national visa. A switch inside Germany is provided for in few cases only.
What does advance approval from the Federal Employment Agency bring?
It takes one check out of the procedure abroad. The application at the mission abroad is better prepared with it.
Does the skilled worker have to appear in person at the mission abroad?
As a rule yes, at least to give fingerprints and hand in the papers. The mission explains on its own pages how the appointment runs.
When may the work begin?
As soon as the residence permit allows the employment. An earlier start is not lawful and puts the whole procedure at risk.
Can the family come too?
Family reunion is possible under certain conditions. These usually include sufficient living space and proof of a secure livelihood. It is decided case by case.
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 mission abroad or the foreigners authority. What counts is always the individual case.