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Technical instructions Residence Act and Employment Ordinance
All information on the so-called technical instructions of the Federal Employment Agency.
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Legal background to technical instructions of the BA
1. What are the BA’s administrative instructions?
2. System of technical instructions of the BA on the Residence Act and the Employment Ordinance
3. Content of the Technical Instructions on the Residence Act
4. Further technical instructions from the Federal Employment Agency
5. FAQ Technical Instructions BA AufenthG/BeschV
6. Conclusion Technical instructions BA AufenthG/BeschV
3. Content of the Technical Instructions on the Residence Act
The content structure of the technical instructions is detailed and practice-oriented, based on the system of legal commentary . First, the general provisions of the Residence Act are commented on, particularly definitions and the basic system of labor migration and skilled immigration law (Section 4a of the Residence Act) . Next, the approval requirements for individual residence permits are explained, particularly approval of training permits (Section 16a of the Residence Act) and approval of employment permits (Section 21 of the Residence Act).
1. What are the BA's administrative instructions?
The Federal Employment Agency's technical directives on the Residence Act and the Employment Ordinance are internal guidelines that guide the Federal Employment Agency's administrative practices in the area of labor migration . They serve to ensure the uniform interpretation and application of the Residence Act (AufenthG) and the Employment Ordinance (BeschV). These directives play a crucial role for foreign nationals applying for a residence permit and for employers employing international skilled workers , even though they are not legally binding .
Such administrative instructions are issued by the Federal Employment Agency to provide clear guidance to caseworkers at immigration authorities and employment agencies. They specify how legal regulations are to be applied in practice, thus ensuring the most uniform decision-making practices possible throughout Germany. The technical instructions on the Residence Act therefore carry considerable weight in daily administrative practice and enable trained legal practitioners to predict, to a certain extent, how the Federal Employment Agency will respond to an application (e.g., for approval or prior approval ).
4. Further technical instructions from the Federal Employment Agency
The Federal Employment Agency has issued additional internal administrative instructions in the area of labor migration. In addition to the technical instructions on the Residence Act and the Employment Ordinance, the following administrative instructions exist:
Information sheet “Specialty chefs - admission requirements and procedures”
Leaflet “Au pair in German families - Information for au pairs and host families”
Information sheet for assembly and work by foreigners (“Foreign workers for assembly and disassembly”) and “Employment of foreign workers under work contracts in Germany"
Information sheet from the Federal Employment Agency on the Western Balkans regulation
There are numerous other information sheets that cannot all be listed here. The enforcement of technical instructions occurs within the authority hierarchy. Clerks are generally obliged to follow the instructions of the Federal Agency, even if they do not constitute formal law. In the event of deviations or inconsistencies, superiors can intervene and ensure consistent application. At the same time, technical instructions can also play a role in court proceedings . Even if they are not a binding source of law, administrative courts often use these instructions for interpretation in order to better understand the administrative discretion. Finally, foreign nationals can also refer directly to the technical instructions through the so-called “ self-binding of the administration ”. In this respect, there is a presumption that the BA has applied the instructions to comparable cases, meaning that a right to equal treatment ( Article 3 of the Basic Law ) exists.
5. FAQ Technical Instructions BA AufenthG/BeschV
What are the Federal Employment Agency’s technical instructions on migration law?
The BA's technical instructions on the Residence Act and the Employment Ordinance are official guidelines for the staff of the Federal Employment Agency. They include, among other things, guidelines for processing applications, reviewing working conditions, and assessing the equivalence of qualifications.
Can one rely on the BA's technical instructions?
Yes, because a deviation from the technical instructions is generally an indication of a violation of the principle of equality (self-binding of the administration).
Are the technical instructions publicly available?
Yes, the technical instructions can be viewed online on the website of the Federal Employment Agency.
Why are the Federal Employment Agency's technical instructions on the Residence Act and the Employment Ordinance important?
The Federal Employment Agency's administrative instructions on the Residence Act/Employment Ordinance create predictability and transparency in the application process by outlining how the Federal Employment Agency prepares decisions. This is particularly helpful for avoiding errors in the application process and speeding up procedures. For lawyers advising clients on migration and employment law, these guidelines are essential for realistically assessing the chances of success of an application.
6. Conclusion Technical instructions BA AufenthG/BeschV
In conclusion, the Federal Employment Agency's technical directives are a key instrument for uniform administrative practice in residence and labor migration law. Even though they are not legally binding, their practical significance is significant. Anyone who, as a skilled worker or employer, wants to successfully submit applications in the area of residence or labor law should familiarize themselves with the contents of these directives early on. Legal advice is often advisable in order to correctly interpret the current requirements and thus make legally sound decisions.
2. System of technical instructions of the BA on the Residence Act and the Employment Ordinance
The Federal Employment Agency's administrative instructions refer to both the Residence Act and the Employment Ordinance . In the area of the Residence Act , they specify, for example, the requirements for residence permits such as the EU Blue Card , residence permits for qualified employment, or regulations for trainees . In connection with the Employment Ordinance, they specifically regulate foreigners' access to the labor market and define in which cases approval by the Federal Employment Agency can be granted.
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These guidelines are particularly relevant for skilled workers and employers when it comes to approval procedures. One example is the review of whether a job offer complies with legal requirements before a work permit is issued. In this context, the technical guidelines specify in detail how the requirements regarding qualifications, salary , and employment conditions are to be reviewed.
Furthermore, these directives help eliminate legal ambiguities in the area of procedural law . Since laws and regulations are often formulated in general terms, the technical directives provide practical interpretation aids that structure the daily work of the authorities' employees. The technical directives explain, for example, how the migration administration's data systems (AZR) work, who is responsible for which cases, how the digital application process works, and what special features apply to the accelerated skilled worker procedure .