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Current version August 2012

Information Sheet

Employment of foreign workers in Germany


Questions, answers and tips for workers and employers

Guidance through this Information Sheet

Foreign nationals wishing to engage in dependent employment in the German Federal Republic require a permit from the competent authorities. Different procedures apply to nationals from the new EU Member States (work approval processes) and from so-called third countries (approval procedures) for admission to the German labour market. This Information Sheet provides information on the most important legal stipulations which are to be observed in the employment of foreign workers. It cannot, however, present the legal situation exhaustively. If you have questions or would like any unclear aspects to be clarified, please consult your Aliens Registration Authority (Auslnderbehrde) or the International Placement Services (ZAV), an office of the Federal Employment Agency (BA) responsible for the labour market admission procedures. You can reach the ZAV at the service number +49 (0) 228/713 2000. Chapter 1 will explain important terms and legal bases for the employment of foreigners and provide general information. Chapter 2 deals with foreigners taking up employment for which the involvement of the ZAV is not necessary. Chapters 3 to 5 contain the requirements under which the ZAV grants approval to take up a specific employment. Chapter 6 explains the special requirements for foreigners who already have an established place of residence or habitual abode in Germany. Chapter 7 contains information on the approval procedure for workers from third countries. It also provides special information for employers wishing to employ a foreigner. Chapter 8 contains information on the work approval procedure for nationals of the new EU Member States of Bulgaria and Romania (transitional regulations on the freedom of movement for workers). Chapters 9 to 15 contain further important aspects for foreigners taking up employment in Germany.

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Table of content
Preface

1. General ............................................................................................................................................................... 5 1.1 Legal bases ....................................................................................................................................................... 5 1.2 Important terms ................................................................................................................................................. 5 1.3 Residence title ................................................................................................................................................... 6 2. 2.1 2.2 3. 4. 5. 6. 6.1 6.2 6.3 6.4 7. 7.1 7.2 7.3 7.4 7.5 8. 9. 10. 11. 12. 13. 14. 15. Taking up employment without involvement of the BA ............................................................................ 7 Employment without approval from the ZAV .............................................................................................. 7 Granting of a residence title without approval from the ZAV....................................................................... 7 Approval of employment which requires no qualified vocational training ............................................ 11 Approval of employment which requires qualified vocational training ................................................. 13 Approval of employment on the basis of intergovernmental agreements ............................................ 15 Foreigners whose habitual abode is in Germany .................................................................................... 16 Principle.................................................................................................................................................... 16 Approval-free employment ....................................................................................................................... 16 Approval of employment ........................................................................................................................... 17 Asylum applicants and tolerated foreigners .............................................................................................. 17 Approval procedure for workers from third countries ............................................................................ 18 Application for a residence title to enter into an employment relationship ................................................ 18 Responsible team of the ZAV ................................................................................................................... 18 Review of the approval requirements by the ZAV .................................................................................... 18 Advance approval proceedings by the BA ................................................................................................ 19 Restriction of approval by the BA ............................................................................................................. 19 Work approval procedure for nationals from the new EU Member States of Bulgaria and Romania . 20 Refusal of approval..................................................................................................................................... 22 Revocation .................................................................................................................................................. 22 Expiry of approval....................................................................................................................................... 22 Applying for an entry visa to take up work............................................................................................... 22 Administrative offences ............................................................................................................................. 23 Transitional regulations under the German Residence Act .................................................................... 23 Data protection ........................................................................................................................................... 23

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Preface
Nationals from states outside of the European Union (EU) or European Economic Area (EEA) require a residence title to enter or stay in Germany. Access to the German labour market is determined by the provisions of the German Residence Act (AufenthG), the German Employment Regulations and German Employment Procedure Regulations issued in this connection. Section 18 AufenthG regulates residence for the purpose of employment and essentially requires the approval from the Federal Employment Agency (BA). The approval for taking up employment is not granted separately but as an ancillary provision of the residence title by the Foreigners Registration Authority, once the BA has approved the employment. This approval is obtained through an internal procedure at the competent office of the BA. In exceptional cases the residence title may be granted for the purpose of employment without the approval of the BA. This procedure applies both to workers entering the country and to foreigners whose place of residence or habitual abode is in Germany (see Chapter 6). Foreigners who wish to enter Germany to take up work must apply for a work visa from the competent German diplomatic missions in the country of origin (embassy, consulate) before entry. When making its decision with regards to the entry application, the diplomatic mission consults the competent Foreigners Registration Authority in Germany which basically involves the AE team of the ZAV responsible for the employer. The visa should be applied for as early as possible before taking up the work intended because processing often takes a while. The procedure is outlined in Chapter 12.

Other regulations apply to Bulgarian and Romanian workers. Their status in relation to the residence law is regulated by the Freedom of Movement Act/EU. They can enter Germany without a visa and no residence title is required. However, to take up employment these citizens continue to require an EU work permit (Arbeitsgenehmigung-EU), which is granted by the International Placement Services (ZAV) of the BA (see Chapter 8). This Information Sheet, further information and BA forms can also be downloaded at www.zav.de
> Arbeitsmarktzulassung.

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Chapter 1
1. General The following is required for granting an approval: 1. a legal provision for access to the German labour market; 2. a definite job offer; 3. there is no preferential worker for the specific job and the conditions of work are comparable with those of domestic workers. 1.1 Legal bases The following acts and regulations are pertinent to the decision on granting a residence title with entitlement to take up work: Act on the Control and Restriction of Migration and Regulation of Residence and the Integration of Union Citizens and Foreigners (German Migration Act) Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (German Residence Act AufenthG Part of the Migration Act) Regulations on the Admission of Foreigners Entering the Country for Employment (German Employment Regulations BeschV) Regulations on the Procedure and the Admission of Foreigners Living in Germany to Engage in Employment (German Employment Procedure Regulations - BeschVerfV) and for granting the EU work permit: Social Code, Third Volume SGB III Regulations Governing Work Permits for Foreign Workers (Work Permit Regulations - ArGV) as from time to time amended. 1.2 Important terms Gainful occupation is self-employed activity and dependent employment. Employment is dependent work, in particular in an employment relationship.

Employment also covers the acquisition of professional knowledge, skills or experience as part of vocational training (advanced training, retraining, education, further training). Foreigners Persons who are not German nationals as defined in Article 116 of the German Basic Law (GG). EU nationals Nationals of the following EU Member States benefit from unrestricted freedom of movement for workers: Belgium, Denmark, Finland, France, Greece, United Kingdom, Ireland, Italy, Luxembourg, Malta, Netherlands, Austria, Portugal, Sweden, Spain and Cyprus and since 1 May 2011 Estonia, Latvia, Lithuania, Poland, Slovenia, Republic of Slovakia, Czech Republic and Hungary. Nationals from Bulgaria and Romania, states which acceded the EU on 1 January 2007, continue to require an EU work permit. The free access to the German labour market is only open to these nationals after a transitional period. This transitional rule anchored in the Accession Treaty ends on 31 December 2013 at the latest. During this transitional period Bulgarian and Romanian citizens may only engage in employment if they hold an EU work permit and may only be hired by employers if they are in possession of this permit. - (see Chapter 8)
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Chapter 1
European Economic Area (EEA) The EU Member States together with Iceland, Norway and Liechtenstein belong to the EEA. Nationals of the EEA similarly enjoy unrestricted freedom of movement for workers. Whilst Swiss citizens do not belong to the EEA, the Agreement on the Free Movement of Persons between the EU and Switzerland places them on an equal footing with EEA nationals. Third countries In this Information Sheet third countries refer to all countries which belong neither to the European Union (EU) or European Economic Area (EEA), nor to Switzerland. 1.3 Residence title Visa [Section 6 German Residence Act AufenthG]

The visa is issued before entry by the German diplomatic mission in the country of origin (embassy, consulate) (Chapter 12). Residence permit [Section 7 AufenthG] The residence permit is a temporary residence title. It is issued for different purposes, for example to take up training, engage in a gainful occupation, for family reunion or for humanitarian reasons. Settlement permit [Section 9 AufenthG] The settlement permit is a permanent residence title. It entitles the holder to pursue a gainful occupation and is unrestricted in terms of time and space and may not be supplemented with collateral clauses. EC long-term residence permit [ 9a AufenthG] Foreigners from third countries who have been resident in an EU state for at least 5 years may under certain circumstances be granted the legal position of a long-term residence permit holder (EC longterm residence permit). Blue EU Card [19a AufenthG] The Blue EU Card is a residence title designed for highly qualified persons to take up work in the EU. Implicit in this is the payment of a minimum salary. Residence permission [Section 61 (2) Asylum Procedure Act] The residence permission (no residence title) is issued to asylum applicants in implementation of their asylum procedure. Toleration [Section 60a AufenthG] Toleration (no residence title) is issued if the deportation of a foreigner is temporarily suspended. 1.

The Foreigners Registration Authorities / diplomatic missions are responsible for granting the residence title. Should you have any further questions, please do not hesitate to contact your Foreigners Registration Authority.

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Chapter 2
2. Taking up employment without involvement of the BA

2.1 Employment without approval from the ZAV The following persons are entitled to take up employment without the approval of the ZAV: Nationals from EU/EEA countries and Switzerland (paragraph 1.2); (Exceptions apply during a transitional period for Bulgarian and Romanian nationals see Chapter 8) Foreign workers who are entitled by law to pursue employment, for example foreigners possessing a permanent resident permit or a Blue EU Card. (Section 1.3)

2.2

Granting of a residence title without approval from the ZAV The granting of a residence title for the purpose of employment does not require the approval of the ZAV in the following cases: Work placements During a stay for school education or for studies, as sometimes required for completion of studies in home country As part of a programme financially assisted by the EU As part of a proven international exchange programme involving associations, public authorities or student organisations for students or graduates of foreign universities in agreement with the Bundesagentur fr Arbeit Skilled workers and managers who receive a grant from public German funds or EU funds (government internships); Up to one year during the study course at a foreign university, following the fourth semester related to the field of studies performed in agreement with the Bundesagentur fr Arbeit. Skilled workers employed abroad by a global operating group or enterprise for the purpose of further training in the domestic part of the group or enterprise for up to three months within a period of twelve months; Graduates of German overseas schools for the purpose of receiving qualified vocational training in a state recognised or comparably regulated recognised trade; [ 2 BeschV]

Highly qualified foreign workers who have been issued a settlement permit; [ 3 BeschV]

Managers who, as executives, have general power of attorney or full commercial power of attorney and shareholders of trading companies and executives of a company operating outside Germany at board, director and/or management level; [ 4 BeschV]

Teachers, scientific employees, guest scientists and engineers and technicians belonging to the research team of a guest scientist and teachers of public schools or state recognised private schools; [ 5 BeschV]

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Chapter 2

Foreign workers who are required to temporarily work at the registered office of the German employer in connection with the commercial representation of the company abroad or who travel abroad as part of their work to engage in commercial activities at short notice such as meetings or negotiations, to enter into agreements or purchase goods intended for export; [ 6 BeschV]

Persons who, whilst keeping their habitual abode abroad, work in Germany giving lectures, performances of special scientific or artistic value or of a sporting nature, for festivals, guest performances or music and cultural events, if the duration of the activity does not exceed 3 months within a 12 month period; [ 7 Nr. 1 und 2 BeschV]

Persons who appear only in day performances up to 15 individual days per year; [ 7 Nr. 3 BeschV]

Professional sportsmen and women or trainers who are to participate, for German sports clubs or comparable associations, in competitive sporting events, if over 16 years of age and paid a gross salary by the club or institution which is at least 50% of the assessment ceiling for the statutory pension scheme and if the German Federation responsible for the particular sport according to the German Sports Association recognises the sporting qualification; [ 7 Nr. 4 BeschV]

Employment as a photo model, advertising model, mannequin or dressman if the employer has notified the Federal Employment Agency of the work prior to its commencement; The necessary form can be downloaded at www.zav.de > Arbeitsmarktzulassung [ 7 Nr. 5 BeschV] Tour guides who accompany foreign tourist groups to Germany while retaining their habitual residence abroad, provided that the duration of the activity does not exceed three months within a twelve-month period. [ 7 Nr. 6 BeschV]

Journalists, correspondents or reporters recognised by the Press and Information Office of the Federal Government, in other words journalists who work for a foreign employer in Germany for no longer than three months within a twelve month period; [ 8 BeschV]

Persons participating in a voluntary service regulated by law or based on an EU programme (for example Voluntary Social Year, Federal Voluntary Service) or who are employed predominantly for charitable or religious reasons; [ 9 BeschV]

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Chapter 2
Students and pupils from foreign universities and technical colleges engaging in holiday work for up to 3 months within a period of 12 months, if the work has been arranged by the Federal Employment Agency; [ 10 BeschV]

Persons who are transferred to Germany by their employer, whose registered office is outside Germany, for up to three months within a period of twelve months, to erect and assemble machines, systems and programmes of electronic data processing serving commercial purposes which have been ordered from the employer and to provide instruction in their operation, service or repair *) be instructed in the operation of acquired machines, systems and other objects dismantle acquired, used systems for the purpose of re-erecting them in the state of the employer *) erect and dismantle and manage the company's own trade fair stands or to manage the trade fair stands for a foreign company which is resident in the state of the employer, or participate in a works course as part of export delivery and licensing agreements; *) The exemption from approval requires that the employer notifies the Federal Employment Agency of the employment before its commencement. A corresponding form can be downloaded at www.zav.de > Arbeitsmarktzulassung [ 11 BeschV]

Persons who are accredited to prepare, participate, conduct and follow up international sports events; [ 12 BeschV]

road haulage drivers of an employer based in the territory of the EEA for transport operations in transborder traffic or cabotage operations and for which, driver attestation has been issued to the employer. in a third country in transborder freight traffic and the vehicle is registered in the country, in which the employer has his registered office, for a stay of a maximum of 3 months within a 12-month period. drivers in transborder passenger road traffic for an employer based abroad with a vehicle registered in the country, in which the employer has his registered office, for transborder journeys. in transborder scheduled services with buses without a driver certificate even if the vehicle is registered domestically; in transborder rail traffic. The provisions shall apply irrespective of the vehicles registration; [ 13 BeschV]

Persons involved in shipping and aviation, Crew members of vessels in international traffic,
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Chapter 2
Registered sea pilots under the Sea Pilots Act, Technical staff employed on inland vessels and in transborder traffic to look after guests as service staff on passenger ships, Members of the aircraft crew whose employer is registered abroad; [ 14 BeschV]

Foreign workers who are transferred temporarily to Germany by their employer with registered office in the EEA or in Switzerland to provide a service, if they are duly employed in the registered state of the company. The German diplomatic missions (embassies/consulates) are responsible for conducting the procedure. Since 1 January 2007, companies from the new EU Member States of Bulgaria and Romania may also provide transborder services with their own staff with a restricted EU work permit. Exceptions to this are, during the transitional period, services in the construction industry, in the area of building cleaning, stocktaking and transportation or in the field of interior decoration. A transborder transfer of nationals of these EU states for temporary employment is generally not possible in view of their continual requirement of a work permit. [ 15 BeschV]

Further information may be obtained from the Foreigners Registration Authority. The Authority will also provide you with information on other groups of people who may be employed without the approval of the Federal Employment Agency and the maximum duration of this employment.

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Chapter 3
3. Approval of employment which requires no qualified vocational training The BA may approve the granting of a residence permit to engage in employment for which no 2 year vocational training is required Seasonal employment of at least 30 hours per week with an average of at least 6 hours per day up to a total of 6 months per calendar year, if the foreign worker has been recruited by the BA in view of an agreement with the employment administration in the country of origin. On this basis Croatian seasonal workers may be granted an approval for a residence title. The recruitment is restricted to employment in agriculture and forestry, in the hotel and restaurant trade, in fruit and vegetable processing and in sawmills. The period of employment of seasonal workers by a company is restricted to 8 months per calendar year. The restriction does not apply to businesses involved in fruit, vegetable, wine, hops and tobacco cultivation. As of 1 January 2012, Rumanian and Bulgarian seasonal employees are no longer required to have a work permit. [ 18 BeschV]
st

Bulgarian, Romanian and Croatian showmans assistants for employment in the showman trade up to a total of 9 months per calendar year, if the worker has been recruited by the BA in view of an agreement with the employment administration of the country of origin; [ 19 BeschV]

Au-pairs with basic knowledge of the German language, who are below 25 years of age and are employed in a family in which German is spoken as native language for up to one year; [ 20 BeschV]

Bulgarian and Romania domestic helps to engage in full-time employment subject to social insurance contributions of up to 3 years for work in households with persons requiring care as defined in the Eleventh Volume of the Social Code, if the domestic help has been recruited in view of an agreement with the employment administration of the country of origin; [ 21 BeschV]

Artists and artistes and the requisite auxiliary staff for the performance; [ 23 BeschV]

Practical work for the recognition of professional qualifications acquired abroad; [ 24 BeschV]

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Chapter 3
Apprentices and trainees for professional training for the duration of the engagement stipulated by the Apprenticeship and Trainee Regulations and for further training for the duration necessary to achieve the objective; [ 17 AufenthG]

Ethnic Germans if they possess an admission notice under the Federal Displaced Persons Act; [ 33 BeschV]

Nationals from Andorra, Australia, Israel, Japan, Canada, Monaco, New Zealand, San Marino, the United States of America; [ 34 BeschV]

Builders of prefabricated houses who are transferred to Germany by a prefabricated house manufacturer with registered office abroad to erect and assemble ordered prefabricated and bare-bone houses and halls; [ 35 BeschV ]

Persons who are transferred to Germany by their employer with registered office abroad for longer than three months to erect and assemble machines, systems and programs of electronic data processing serving commercial purposes which have been ordered from the employer and to provide instruction in their operation, service or to repair them , to dismantle acquired, used systems for the purpose of re-erecting them in the state of the employer; [ 36 BeschV]

Cross-border work. [ 37 BeschV]

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Chapter 4
4. Approval of employment which requires qualified vocational training The BA may approve the granting of a residence permit to engage in employment which requires a minimum of 2 years vocational training for

Qualified tolerated foreigners to engage employment commensurate with a professional qualification; [18a AufenthG]

Teachers to give language lessons in schools under the supervision of the competent consular representation; [ 26 Abs. 1 BeschV]

Specialty chefs for full-time employment in speciality restaurants; [ 26 Abs. 2 BeschV]

Skilled workers with a recognised university degree or a foreign university degree comparable with a German university degree; [ 27 Nr. 1 BeschV]

Skilled workers with a qualification comparable to a recognised foreign university degree focusing on the area of information and communication technology; [ 27 Nr. 2 BeschV]

Graduates of German schools abroad with a recognised or a foreign university degree that is comparable with a German university degree [ 27 Nr. 3 BeschV]

Specialists following vocational training acquired in Germany in a state recognised or similarly accredited skilled trade. [ 27 Nr. 4 BeschV]

Executives and specialists with company-specific special knowledge who are transferred or temporarily seconded to Germany by a company with registered office abroad for qualified employment in a branch [ 28 Nr. 1 BeschV]

Executives of a German-foreign joint venture; [ 28 Nr. 2 BeschV]

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Chapter 4

Social workers for foreign families who are employed by a German social services institution; [ 29 BeschV]

Nursing staff (nurses, child and elderly carers) with a level of training equivalent to pertinent German professional requirements and adequate knowledge of German, if they have been recruited by the Federal Employment Agency. A corresponding recruitment agreement for members of third countries currently exists only with Croatia; [ 30 BeschV]

Qualified skilled workers who have university or technical college training or a comparable qualification who are employed as part of a staff exchange within a globally operating company or group; [ 31 Nr. 1 BeschV]

Skilled workers of a globally operating group or corporate division who have a qualification comparable to that of German skilled workers, if the work is necessary for preparing a project abroad; [ 31 Nr. 2 BeschV]

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Chapter 5
5. Approval of employment on the basis of intergovernmental agreements If an intergovernmental agreement for regulating employment exists, this Agreement shall govern the approval granting process. Contract workers The basis for the admission of foreign contract workers is provided by the agreements entered into by the Federal Republic of Germany with the Republics of Bosnia and Herzegovina, Bulgaria, Croatia, Macedonia, Romania, Serbia and Turkey on the transfer and employment of workers from foreign companies based on contracts for work and services. Information Sheet 16 (for companies from non-EU countries) and Information Sheet 16a (for companies from the states of Bulgaria and Romania) on the admission requirements and procedures. The ZAV is responsible with its regional locations in Stuttgart and Frankfurt/Main. [ 39 BeschV]

Guest workers Guest workers are foreigners who have already acquired a professional qualification in their home country, have knowledge of the German language and take up employment in Germany (maximum of 18 months) to improve their professional and linguistic skills. They must be over 18 and under 35 (or 40) years of age when their work engagement in Germany begins. The basis for recruiting guest workers is provided by bilateral treaties (guest worker treaty), which, inter alia, stipulates the annual quota. Treaties exist with Albania, Bulgaria, Croatia, Romania and the Russian Federation. Guest workers receive an admission certificate which is granted irrespective of the situation and development of the labour market. [ 40 BeschV]

There are further possibilities enabling foreigners to enter and work in Germany, based of
intergovernmental agreements.

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Chapter 6
6. 6.1 Foreigners whose habitual abode is in Germany Principle Access to the labour market for foreigners living in Germany is regulated by the German Employment Procedure Regulations (BeschVerfV), if the German Residence Act does not already provide directly for labour market access. Accordingly, employment possibilities are available to foreigners living in Germany without differentiation based on professional groups or qualification level, if access is open to them according to said BeschVerfV. If the requirements of the BeschVerfV are not satisfied, an approval from the BA on taking up employment can only be granted if the German Employment Regulations requirements are satisfied. Generally, foreigners living in Germany also need the ZAVs approval before being permitted to engage in employment.

6.2

Approval-free employment Engaging in employment, as outlined in Chapter 2, may also be permitted without approval for foreigners living in Germany [Section 2 BeschVerfV]. The following are also approval-free: Employment of family relatives of university graduates, intra-corporately transferred executive staff, researchers and guesting academics. Employment of family members of an employer in his business, if they live in the same household. Family members in the above mentioned sense are spouses, life partners under the Life Partner Act, parents and children of the employer and his spouse. [ 3 BeschVerfV] Foreigners who enter the country before their 18 birthday and are in possession of a residence permit employment in an employment relationship, if the following has been acquired by the foreigner in Germany a) a school leaving certificate from a standard education school or b) a year of vocational preparation, c) participation in an education measure as vocational preparation pursuant to the SGB III, or d) regular and cooperative participation in professional training under the Professional Training Act; vocational training in a state recognised or comparably regulated apprenticeship. [ 3a BeschVerfV] Employment in cases of prior periods of employment or long term prior residence: No employment permission is needed by foreigners who possess a residence permit and: have been lawfully employed in Germany for two years in a job requiring social insurance contributions or have for the past three years continuously resided in Germany. They were either permitted, tolerated or had a residence permit during this time period. [ 3b BeschVerfV] Employment of persons who are temporarily hired for treatment, reinstatement, moral improvement or education (for example sick persons, addicts or prisoners).
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Chapter 6
[ 4 BeschVerfV] 6.3 Approval of employment

6.3.1 Family relatives of skilled workers A restricted and limited approval of employment may be granted for family relatives of skilled workers in international exchanges of personnel [ 8 BeschVerfV]

6.4

Asylum applicants and tolerated foreigners Asylum applicants may be admitted to the labour market after a year of permitted residence. [ 61 Abs. 2 Asylverfahrensgesetz]

Tolerated foreigners may be admitted to the labour market after an uninterrupted lawful residence of one year; the approval for employment can be granted without restriction or temporal limitation, for vocational training in a state recognised or comparably regulated apprenticeship, or if they have been in Germany for an interrupted four year period as permitted or tolerated foreigners, or with temporary permission to stay (Aufenthaltsgestattung). [ 10 BeschVerfV]

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Chapter 7
7. 7.1 Approval procedure for workers from third countries Application for a residence title to enter into an employment relationship When dealing with residence title applications permitting the taking up of employment, the Foreigners Registration Authority checks whether the employment is either approval-free (see Chapter 2) or subject to approval (see Chapters 3 to 5). If employment subject to approval exists, the ZAV team in charge of the work permit (AE team) will be responsible.

7.2

Responsible team of the ZAV The team of the ZAV in charge of the registered office of the employer (business, branch, subsidiary) is responsible for deciding on the enquiry from the Foreigners Registration Authority for approval of taking up employment. The Annex to this Information Sheet indicates which team is responsible. For specific groups of persons (e.g. artists, specialty chefs, seasonal and showman work, international exchange of personnel), special areas of responsibility apply within the ZAV.

7.3

Review of the approval requirements by the ZAV The granting of a residence title to engage in employment may only be approved if 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 (prioritisation examination), the foreigner is not employed at less favourable working conditions than comparable German workers. [ 39 AufenthG]

The question whether a job vacancy can be filled by a foreign employee will immediately be clarified by the Bundesagentur fr Arbeit. This process requires that the employer has already provided all the necessary information. The Agentur fr Arbeit is obliged to check whether priveged applicants from the regional / supraregional EU / EEA labour markets are available, and whether the employment conditions offered to foreign workers are not less favourable than those applicable to comparable employees. For this purpose, a detailed job offer that particularly includes information on the envisaged employment conditions must be submitted to the Agentur fr Arbeit in good time.

Employers can considerable shorten the decision-making process if the job offer is submitted to the Agentur fr Arbeit 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.

Workers who may be recruited only with the support of the Federal Employment Agency
also belong to the group of preferential workers,

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Chapter 7

The employer with whom a foreigner is to be employed is obliged to inform the office of the
Federal Employment Agency about the pay, working hours and other conditions of work. The approval conditions apply both to foreigners who are already permitted to stay in Germany and to foreigners wishing to enter Germany to take up employment.

Foreigners who are already in Germany may be granted approval to take up employment of
any kind, if the other conditions are met (see Chapter 6).

Foreigners wishing to enter Germany to take up employment may only be granted approval
if the employment in question is listed in the Employment Regulations (see Chapters 3 and 4).

7.4

Advance approval proceedings by the BA Even before submitting an approval request concerning a foreign worker, it is possible for the employer to check whether the labour market requirements for a subsequent approval for this employment exist. In each case, a detailed description of the job vacancy, including information on the working conditions as well as qualification requirements of the applicant are needed. An employer can take advantage of this possibility, if he wishes to clarify at an early stage, whether his job vacancy may be filled by a foreign worker even before looking abroad for suitable manpower, but also in the event that a foreign worker for the vacancy is already known to him by name. Employers can make use of this procedure to considerably shorten the decision-making process, as reconsideration will be waived in submitting the approval request and the Aliens Registration Office may be notified of the decision without delay.

7.5

A description of the advance approval proceedings including the corresponding application forms is available on the internet at: www.zav.de > Arbeitsmarktzulassung.

Restriction of approval by the BA The approval to grant a residence title permitting its holder to take up employment may be restricted with regard to the professional activity, employer, district of the Federal Employment Agency and the position and distribution of working hours. The approval is granted for the duration of employment and, at most, for 3 years. In the case of employment to which a temporal restriction applies in accordance with Regulations or with an intergovernmental agreement, the approval is granted for the intended duration at most. The approval shall basically only apply to a specific residence title, for example, a visa or residence permit. The stipulations set out in the approval granted by the Federal Employment Agency (temporal restriction to approval, type of employment, business establishment, position and distribution of working hours) must be included in the residence title by the Foreigners Registration Authority.

The residence law issues should be clarified with the Foreigners Registration Authority on changing job or before a change in conditions of work.

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Chapter 8
8. Work approval procedure for nationals from the new EU Member States of Bulgaria and Romania Bulgarian and Romanian workers (see paragraph 1.2) continue to require a work permit which is granted as a restricted EU work permit or full EU work permit for a transitional period and up to 31 December 2013 at the latest. The ZAV is responsible for granting an EU work permit. The Foreigners Registration Authorities are not involved. An EU work permit is not required by university graduates for employment corresponding to their qualifications, or their family members. Bulgarian and Romanian workers entering Germany for the first time may basically be granted an EU work permit for all employment requiring qualified vocational training. For them, an EU work permit will be granted under more relaxed requirements (proof that no qualified in-country jobseekers are available for the position), so long as the conditions of employment are comparable to those for an in-country employee. Other employment may be approved under the conditions set out in Chapter 3.

Nationals of the EU Member States may enter Germany without a visa. They do not need a residence title. They are legally entitled to stay in Germany, as long as they are able to identify themselves by means of a passport or official identification card. The Foreigners Registration Authority issues a "certificate on the Community right of residence by virtue of its office. The explanations in this Information Sheet apply analogously to the granting of a restricted EU work permit. Workers who were admitted to the German labour market for twelve months are entitled to a full EU work permit which is granted without restriction or temporal limitation. Family members of Bulgarian and Romanian workers acquire an entitlement to a full EU work permit and therefore unrestricted access to the labour market if they have lawfully established a joint residence in Germany with a worker who holds a full EU work permit or is entitled to such. [ 284 SGB III und 12a ArGV]

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Chapter 8

Professionals who have received a university-level education, or possess comparable qualifications, are not required to have an EU work permit for employment corresponding to their qualifications. Their family members entitled to freedom of movement within the EU are also not required to have an EU work permit. Professionals seeking employment which requires a qualified professional training will receive an EU work permit without needing to prove that a qualified in-country jobseeker is available for the position. Their family members who are entitled to freedom of movement within the EU are also not required to have an EU work permit. [ 284 SGB III und 12b ArGV]

No EU work permit is required for Bulgarian and Romanian nationals who intend to take up an apprenticeship/training [ 284 SGB III und 12c ArGV]

Further information can be provided by the ZAV or can be downloaded at www.zav.de > Arbeitsmarktzulassung.

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Chapter 9 - 12
9. Refusal of approval Approval for the taking up of employment of a foreign worker is to be refused if the employment relationship has come about as a result of an inadmissible job placement or recruitment, the worker wishes to work as a temporary agency worker.

The approval may be refused if the foreign worker or employee culpably infringes pertinent legal provisions, important reasons are to be found in the person of the employer. [ 40 AufenthG]

10.

Revocation The approval can be revoked if the foreigner is employed at working conditions which are less favourable than comparable German workers if reasons exist which are set out in Chapter 9. [ 41 AufenthG]

11.

Expiry of approval The approval for taking up work expires on termination of the employment relationship for which approval has been granted. [ 14 BeschVerfV]

12.

Applying for an entry visa to take up work The German diplomatic missions in the home country of the applicant are responsible for granting the necessary visa to take up work in Germany. The applicant should get in touch with the diplomatic mission responsible for him in good time before the intended entry into Germany to find out about the respective local requirements with respect to being granted a visa. In order to avoid time-consuming queries, the applicant should submit all documents if possible. In addition, a valid passport, and also a valid residence permit if the residence is not in the home country of the applicant, must usually be presented. In the case of stays in Germany of over 3 months, the approval of the Foreigners Registration Authority responsible for the later residence will need to be obtained in most cases. The application must therefore be forwarded to the local responsible Foreigners Registration Authority. In the case of work requiring approval, the Foreigners Registration Authority also involves the ZAV. Only if there are no reservations as to the foreigner taking up work can the foreign representations be issued a visa valid for 3 months along with the stipulations communicated by the Foreigners Registration Authority. The visa application will be rejected if the diplomatic mission is aware of facts of relevance to the law pertaining to foreigners which speak against the entry of the applicant and/or if the Foreigners Registration Authority in Germany does not agree with the application.

Your attention is drawn to the advance approval procedure (Chapter 7.4) for fast-tracking the entry procedure.

Information sheet 7 last amended August 2012

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Chapter 13 - 15
13. Administrative offences Any person who as a foreign worker engages in employment without the requisite residence title/EU work permit or who as employer employs a foreign worker without the requisite residence title/EU work permit commits an administrative offence. The administrative offence will be sanctioned with a fine of up to 5,000 for the foreign worker, and up to 500,000 for the employer. [ 404 SGB III]

14.

Transitional regulations under the German Residence Act A work permit granted before the German Migration Act came into force on 1 January 2005 is viewed as unrestricted approval from the Federal Employment Agency for employment to be taken up. Employment where no work permit was required up to 31 December 2004 is viewed to be approval-free as of 1 January 2005. [ 104 und 105 AufenthG]

15.

Data protection The Social Code protects you particularly from any inadmissible collection and use of personal data. These may only be processed and used if a legal provision permits this or you have given your consent. The BA needs your data to check whether the taking up of employment can be approved. The necessity for you to cooperate is set forth in Sections 60 et seq. Social Code, First Volume (SGB I). Your personal data may be stored and used to the necessary extent and also to satisfy other tasks of the Federal Employment Agency and its job centres under the SGB. You may request access to your personal data, have them corrected or have them blocked or deleted in the cases set out by law. Personal data are subject to the confidentiality of social insurance data [Section 35 SGB I] and may only be communicated under the restricted circumstances of Sections 67 et seq. SGB X.

This Information Sheet and other current information on the statutory provisions to be heeded when taking up work in Germany, can also be downloaded at www.zav.de > Arbeitsmarktzulassung

Publisher Federal Employment Agency Headquarters, Team MI 11 Last amended: August 2012