We are providing expert advise to German based subsidiaries of international companies that are employing or about to employ foreign workers in Germany. Please contact for further information.
Foreign nationals wishing to take up an employment are required to apply for residence permit for the purpose of employment which requires the approval from the Federal Employment Agency. This approval is obtained through an internal procedure that can take up to 8 weeks.
The following is required for granting an approval:
- No detrimental effects on the labour market result from employing the foreigner
- German workers, nationals from EU/EEA countries, Switzerland, and foreigners who are legally equal to German workers in terms of taking up work are not available for employment ( no preferential workers to fill the vacancy)
- The foreign workers in Germany are not employed at less favourable working conditions than comparable German workers
- The question whether a job vacancy can be filled by a foreign employee will immediately be clarified by the Federal Employment Agency ( Bundesagentur für Arbeit). This process requires that the employer has already provided all the necessary information
- Employers can considerable shorten the decision-making process if the job offer is submitted to the Employment Agency ( BA ) at an early stage. In such cases, the decision of the BA can be immediately provided on receipt of the approval request.
- For individual persons / professional groups, approval can be granted without priority examination, provided that the working conditions correspond to those of comparable German employees. For example with skilled workers possessing a foreign university degree to be employed at a certain minimum salary, or with skilled workers following vocational training qualifications acquired in Germany
