The Federal Employment Agency must give its consent for the employment of a foreigner in Germany
Of course, the coronavirus pandemic has also affected the German labor market, but German companies continue to look for new employees even in difficult economic times. What should the salary be? How will cheap labor be combated? Will there be projects with Russia and Ukraine? The Federal Employment Agency answered questions from Deutsche Welle about the employment of foreigners.
– To obtain a visa and employment in Germany, there must be a specific job offer or already a contract with a German employer. Does the new law have requirements regarding salary, number of working hours per week, and duration of the employment contract?
– The new law does not regulate how many hours per week a foreign employee must work. There are also no regulations regarding the duration of the employment contract or the amount of salary. The only exception: if the specialist is over 45 years old, the earnings in Germany must be at least 3,795 euros per month (as of 2020), or the employee must prove that they have sufficient funds for their own pension provision (partially). For the issuance of a national visa, the salary must be sufficient to cover living expenses.
– How will it be checked that conditions for foreigners are not worse than for German specialists in the same position at the same German company?
– The check is carried out by the Federal Employment Agency of Germany. The employer must fill out a form with information about the future job duties and employment relationship. The form also includes a section on "employment conditions," where the company must provide data on salary, vacation, work schedule, and how overtime is regulated. This data is checked before the visa is issued and when the visa is extended.
In each individual case, prior consent from the Federal Employment Agency is now required. If the employment conditions for the foreigner do not meet the standards, the decision will be negative. A refusal will also occur if the specialist wants to take a job where the nature of the activity does not correspond to their acquired knowledge. For example, if a radio technician wants to work as a cook.
– Previously, there was a list of so-called regulated professions, for which qualifications must meet particularly strict criteria and for which a work permit was required. These include, for example, doctors and teachers. What role will this list play in the future?
– The list of regulated professions will continue to be important for the recognition of qualifications. To work in Germany in such a profession, particularly in nursing, as a doctor, educator, teacher, or lawyer, it is not enough to pass a check on the equivalence of the education received. One must also prove knowledge of the German language at a certain level, provide a health certificate, or a certificate of no criminal record.
– How long does the diploma recognition procedure take? Are specific deadlines specified in the law?
– The duration of the procedure depends on the individual qualifications of the applicant and the specifics of this process in different federal states. The new law does not specify specific deadlines. Employers now have the option to obtain a work permit through an accelerated procedure.
– Does the new law expand opportunities for employment in Germany? Which specialists currently have the best chances?
– There is a particularly acute shortage of personnel in the care of the sick and elderly. Specialists are also needed in the technical, craft, and IT sectors. This applies not only to engineers or other specialists with higher education but also to skilled workers. There is a need for electronics specialists, mechanical fitters, energy technicians, construction workers, truck drivers, and locomotive drivers. A shortage of personnel is also observed in the hotel and restaurant industry. In summer 2019, the Federal Employment Agency published a list of shortage occupations, which can be viewed at this link.
– Currently, there are several pilot projects in Germany for actively recruiting personnel in nursing from Asia and South America. Are similar projects planned in cooperation with Russia, Belarus, or Ukraine?
– For pilot projects, the Federal Employment Agency analyzes the labor market situation in each country. Russia and Belarus have a difficult demographic situation and problems in the labor market. Therefore, targeted recruitment of personnel from these countries is not yet planned. Regarding Ukraine, this possibility is being considered and contacts are already being established for potential cooperation. However, no specific agreements have been reached yet.
– What does the process of obtaining a work permit in Germany look like? What are its main stages?
– A foreign specialist submits a visa application to the German embassy in their home country. By this time, they must already have confirmation that their qualifications have been recognized in Germany. If they already have a contract with an employer, they can apply for a visa for employment. If the applicant does not yet have a specific job offer, they can obtain a visa to search for work for a maximum of six months. Under the accelerated procedure, the German employer, with the applicant's consent, contacts the foreigners' authority. To do this, they must present the employment contract and evidence that the education obtained corresponds to German qualifications.
Details about the employment process, required documents and actions can be obtained by phone, chat or email from the service center in Bonn (see contacts on the website make-it-in-germany.com).