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Work Permit for Foreigners
All information on applying for a work permit for foreigners in Germany (working with a visa and residence permit).
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A work permit is of great importance in the area of skilled worker immigration , as all skilled worker immigration titles require a work permit. This work permit is usually based on approval from the Federal Employment Agency (so called "Bundesagentur für Arbeit"; exceptions exist, however, for example, with the EU Blue Card ). Approval from the Federal Employment Agency is, in most cases, a prerequisite for issuing a skilled worker title/permit or work visa.
On this page, you'll find important information about applying for a work permit in Germany. These step-by-step instructions for foreign nationals who want to work in Germany are extremely practical. Therefore, every foreign national (apart from a few exceptions) generally requires a work permit ( Section 4a of the Residence Act ) to work in Germany. On this page, you'll find the necessary information to apply for a work permit at the immigration office or foreign representations (embassies and consulates).
1. Work permit as part of the residence permit
2. Difference between work permit and BA approval
3. Defendant refusal of work permit
4. Requirements and procedures for work permits
5. FAQ Work permit for foreigners
6. Conclusion Work permit for foreigners
7. VISAGUARD Work Permit Guides
1. Work permit as part of the residence permit
In the vast majority of cases, a work permit for foreign nationals is part of the residence permit. Although the work permit is issued as a separate (internal administrative) legal act, it is then integrated into the residence permit as a secondary condition . It is then often placed in the field for additional comments (e.g., " Employment with ... as ... permitted "). In principle, a work permit can also be issued independently of the residence permit. However, this only occurs in special circumstances and is not the norm.
2. Difference between work permit and BA approval
Legally speaking, the work permit must be strictly separated from the so-called approval by the Federal Employment Agency . While the Federal Employment Agency reviews the working conditions and the employment contract, it is not the authority that ultimately issues the work permit with external effect. It is only the approving authority in relation to the immigration authorities or foreign mission, not the authority that grants the permit. This applies even if there is direct communication with the Federal Employment Agency. Therefore, you are only permitted to work once the immigration authorities or foreign mission have issued the residence permit (residence permit or visa), and not once the Federal Employment Agency (Bundesagentur für Arbeit) has granted formal approval.
3. Defendant refusal of work permit
Since the Federal Employment Agency is not the authority that issues the work permit, it is also not the defendant in the event of a residence permit being refused. This applies even if the residence permit is refused because the Federal Employment Agency did not approve it. In these cases, the defendant is still the immigration authority or embassy, since the approval of the Federal Employment Agency is not an administrative act pursuant to Section 35 of the Administrative Procedure Act (VwVfG ). This legal situation has long been criticized by labor migration lawyers, as it means that employers have no legal recourse if a work permit is refused. In this respect, the permit granting procedure (and thus the work permit refusal) takes place between the authority and the employee, meaning that the employer has no procedural rights. This applies even if the employer conducts the approval procedure with the Federal Employment Agency (e.g. in the accelerated skilled worker procedure ).
3. Klagegegner Ablehnung Arbeitserlaubnis
4. Voraussetzungen und Verfahren Arbeitserlaubnis
4. Requirements and procedures for work permits
The requirements for a work permit are generally always a certain minimum salary (see VISAGUARD article "Minimum Salary for Skilled Workers" ) and a legal employment contract (see Expat Law ). This is verified by the Federal Employment Agency. The verification of other requirements for issuing the permit (e.g., means of subsistence ) is not carried out by the Federal Employment Agency, but by the issuing agency (e.g., immigration authorities or embassy).
The process for applying for a work permit as part of a residence permit varies depending on the type of application. In most cases, the applicant submits a declaration of employment to the embassy or immigration office, which then forwards the declaration to the Federal Employment Agency. After the review is complete, the Federal Employment Agency then informs the immigration office or embassy of the result (internal approval procedure). However, different procedures apply for the accelerated skilled worker procedure and for advance approval .
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