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Global approval of the Federal Employment Agency
What is global consent and what is its purpose? All the answers!
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1. What is global consent?
2. Legal background of global consent
3. Types of global consent
4. Global approval from the immigration authorities
5. FAQ on Global Consent
6. Conclusion on global approval
3. Types of global consent
There are various types of global approval , which vary depending on needs and industry focus. Policymakers use global approval primarily to address short-term staffing shortages in key industries.
In the past, the following global agreements in particular have played a role:
1. What is global consent?
Global approval is a blanket approval by the Federal Employment Agency (BA) for specific types of employment. It is used primarily in the area of labor migration to expedite procedures and simplify visa issuance for certain groups of workers. With global approval, the Federal Employment Agency no longer requires individual case-by-case review for individual visa applications , significantly reducing processing times.
Essentially, this means: If a company or a specific activity has a global approval, foreign workers can enter Germany more quickly and take up employment. This is particularly important for sectors with a high demand for workers , such as nursing , catering, or seasonal work for third-country nationals.
4. Global approval from the immigration authorities
A global approval can be granted not only by the Federal Employment Agency, but also by the immigration authorities ( Section 32 of the Residence Ordinance ). Therefore, in certain cases, the approval of the immigration authorities is required (particularly in the case of family reunification , see Section 31 of the Residence Ordinance ). Here, too, a global approval can be granted if it was granted by the highest state authority.
A well-known global approval from the immigration authorities, for example, is the global approval to accelerate the issuance of visas for family reunification for applications from countries with reliable documentation systems ( MI3.21002/1#95 ) from April 2023. There are numerous other global approvals from the immigration authorities that cannot all be listed here. If you are interested, our lawyers will be happy to advise you on the global approval from the immigration authorities.
5. FAQ on Global Consent
What does global consent mean for employees?
Global approval makes it possible to significantly speed up the visa process, as there is no need to re-examine employment conditions.
How long is a global consent valid?
The duration varies and ultimately depends on the political will of the Federal Employment Agency or the immigration authorities.
Can a visa be refused despite the global approval?
Yes, the global approval merely replaces the internal approval process. All other requirements must still be met and proven.
Can global consent be enforced?
Yes, in principle, global consent can be enforced, for example, on the grounds of self-binding by the administration.
6. Conclusion on global approval
The Federal Employment Agency's global approval is an important tool for facilitating the influx of workers to Germany. It speeds up processes, reduces bureaucracy, and helps to specifically address bottlenecks in various sectors. It offers clear advantages for companies and foreign workers: faster processes, less paperwork, and a more efficient start to their employment. Anyone planning for labor migration should therefore inform themselves early on about the possibilities of global approval.
2. Legal background of global consent
The legal basis for global consent can be found in Section 39, Paragraph 2a of the Residence Act . According to this regulation, consent is deemed to have been granted if the Federal Employment Agency has determined for individual professions or occupations that filling vacant positions for a limited period of time with the working conditions stipulated by a collective agreement or by the Federal Employment Agency is responsible from a labor market and integration policy perspective (global consent), and the employer has assured compliance with these conditions.
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It should be noted, however, that global approval also has its limitations. In this respect, the immigration authorities or the foreign mission may deviate from the global approval in individual cases (see Section 39 (2a) Sentence 2 of the Residence Act). However, in these cases, the migration authorities are required to submit an optional request to the Federal Employment Agency within the meaning of Section 72 (7) of the Residence Act.
In addition, global consent exists for many other professional groups or activities. This does not focus on individual employers, but rather on specific professional fields that are considered to be in high demand. However, a complete list of all global consents cannot be provided here. Feel free to contact one of our attorneys if you need further information on global consent.