.png)
Work visa, §§ 18 ff. Residence Act
All information from the immigration lawyer: Information on applying for a work visa in Germany.
Share:
how the visa process works
how long the processing time for a work visa is
what requirements you must meet to apply for a work visa
what the first steps are after entering Germany
1. How do I apply for a work visa?
1.1 Apply for a visa
1.2 Employer cooperation
1.3 Visa deadline
1.4 Processing time for work visa
2. Requirements for a work visa
2.1 Legal employment contract
2.2 Honest employer
2.3 Further requirements for a work visa
3. Work visa Visa for skilled workers
4. Special features when applying for a skilled worker visa
4.1 Recognition of the qualification for academic professionals
4.2 Recognition of qualifications of skilled workers with vocational training
4.3 Procedure for non-recognized qualifications
5. What happens after receiving the visa?
6. FAQ Work Visa Guide
7. Conclusion
3. Visa for skilled workers (requirements)
In addition to the "general" requirements listed above for issuing a visa, the so-called "special" requirements for issuing a work visa must also be met (see Sections 18 et seq. of the Residence Act). While the general requirements apply to all types of work visas, the special requirements vary depending on the type of visa applied for (e.g., EU Blue Card or visa for IT specialists). Further information can be found in our respective VISAGUARD guides (see, for example, the VISAGUARD guide for applying for an EU Blue Card ).
From a legal perspective, there are certainly around 100 different reasons for obtaining a work visa (e.g., see the list of purposes of residence in BeckOK AuslR/Maor, 42nd Ed. 1.7.2024, Residence Act). In practice, however, the following purposes of residence are primarily relevant:
Visa for qualified professionals with vocational training (§ 18a AufenthG) ,
A complete list of all purposes of residence can be found in the appendix to the Ordinance Implementing the Act on the Central Register of Foreign Nationals ( AZRG Implementing Ordinance - AZRG-DV ).
4. Special features when applying for a skilled worker visa
Applying for a skilled worker visa requires special care, especially with regard to the recognition of professional or academic qualifications. According to Section 18, Paragraph 2, No. 4 of the Residence Act, skilled workers must provide evidence that their qualifications are recognized in Germany . The following describes the most important steps and specifics of applying for a skilled worker visa.
1. How do I apply for a work visa?
1.1 How to apply for a visa
You can apply for a work residence permit at German embassies (if you are still abroad) and at the immigration authorities (if you are already in Germany). The required application documents can be found on the website of the embassy of the respective country (see, for example, "Applying for an EU Blue Card in India" ; see also the list of all embassy websites of the Federal Foreign Office ). The actual application form is the VIDEX form for long-term stays (including a declaration pursuant to Section 54 of the Residence Act).
1.2 Employer’s responsibilities in the visa process
In addition to the VIDEX form, you will need the cooperation of your employer . While there is no traditional "sponsorship procedure" in Germany, employers do have certain obligations in the visa process. For example, they must complete and sign the " Declaration of Employment " (with a supplementary sheet if necessary) ( Section 39 (4) of the Residence Act ). This can be done before the visa process begins (the so-called "pre-approval procedure").
1.3 What happens at the visa appointment?
Once all documents have been gathered, you will need to book an appointment . You can do this through the German government's official digital appointment booking system (RK-Visa) . At the visa appointment, you will need to submit all the documents requested by the respective embassy on its website (usually in duplicate). At the visa appointment, the embassy staff member will first review your documents for completeness . If the documents are complete, they may have a brief interview with you.
1.4 Processing time of the work visa
After the visa appointment, the embassy will process your work visa application. Processing times vary greatly depending on the embassy and can range from a few days or weeks (e.g., in Manila) to several months or even years (e.g., in Tehran). In general, the better the documents are prepared and sorted, the longer the processing time (see our VISAGUARD guide on reducing visa application processing speed ). Therefore, the documents should be reviewed before the appointment.
In principle, the embassy has three months to process the application ( Section 75 of the German Administrative Court Act ). According to the German Administrative Court Act, a lawyer can file a lawsuit before the administrative courts if an application has not been processed after three months, provided there is no reason for the delay (so-called inaction lawsuit; see also our VISAGUARD Guide on inaction lawsuits in naturalization ). Embassies are aware of this, which is why they generally process applications from lawyers expeditiously. In most cases, faster processing can be achieved this way.
Once the visa has been processed and issued, you can pick it up from the embassy or have it sent by express mail . With the issued visa, you can then enter Germany, register an apartment here, and apply for a residence permit. Further information can be found in our VISAGUARD guide to applying for a residence permit .
4.2 Recognition of qualifications for skilled workers with vocational training
Skilled workers with vocational training must also provide proof of recognition. In the case of foreign vocational training, this is done through the " Digital Information on Professional Qualifications , " which can be requested from the Central Office for Foreign Education (ZAB). This information confirms whether the professional qualification is recognized in the home country. This proof must also be submitted when applying for a visa if required for the respective visa type (e.g., Section 6 of the Employment Regulations). For vocational training acquired in Germany, proof of equivalence does not need to be submitted when applying for a residence permit.
4.3 Procedure for non-recognized qualifications
If the qualification is not recognized in Germany, skilled workers must submit an application for equivalence . This process examines whether the qualification is fully or partially equivalent. If a so-called deficit notice is issued, which indicates gaps in the qualification, appropriate adaptation measures such as qualification courses must be completed to achieve recognition. However, the visa can then be applied for with the deficit notice (although this will be a deficit notice visa and not directly as a skilled worker visa). Further information on this can be found in our VISAGUARD article on applying for a deficit notice in nursing .
5. What happens after receiving the visa?
After receiving your work visa for Germany, there are a few important steps you should follow to ensure a smooth start to your new life. First, it's essential to check the issued visa carefully . In particular, the passport numbers on your visa should match those in your passport. Errors in the information could lead to problems upon entry or subsequent visits to the authorities.
After your arrival in Germany, you are legally required to register with the local registration authority (e.g., at the town hall) within two weeks . This is regulated by Section 17 of the Federal Registration Act (BMG). Registering your residence is a prerequisite for many further steps, such as opening a bank account, as you will need the registration certificate for other official applications.
After a certain period of time and upon fulfilling certain requirements, skilled workers can apply for a settlement permit . This permanent residence permit offers them greater security and long-term prospects in Germany (see Section 9 of the Residence Act). We have written a dedicated VISAGUARD guide on applying for a settlement permit .
As your integration progresses and after a certain period of residence, you can finally apply for German citizenship . Naturalization is an important milestone that symbolizes the completion of your integration process and grants you full citizenship rights in Germany (see Section 10 of the German Citizenship Act). We have written dedicated VISAGUARD guides for applying for naturalization .
6. FAQ (Work Visa Guide)
Do the rules of employment migration law (Section 18 of the Residence Act) also apply to training stays?
No, the labor migration law only applies to residence permits for employment purposes in accordance with the fourth section of the Residence Act (§§ 18 ff. AufenthG).
Can I submit my application to an embassy or immigration office that is not responsible?
No, in principle you can only submit the application to the immigration office or embassy where you live.
What can I do if the embassy does not decide on my application or I cannot get an appointment?
To reduce the processing time, you can hire a lawyer .
Does my employer have to issue me an invitation letter for the visa application?
No, however, the employer must complete and sign the so-called " Declaration of Employment Relationship ".
Can my employer sponsor my visa?
No, German law does not have a sponsorship system like the US.
Do I need an apartment in Germany to apply for a visa?
No, you must provide an address in your visa application, but this can also be a hotel.
7. Conclusion
The procedure for obtaining a work visa is as follows: The process begins with the application at the responsible German embassy, whereby the employer must actively participate – in particular by submitting the " Declaration of Employment Relationship " to the Federal Employment Agency. The employment contract must be with a company based in Germany and comply with labor law standards (e.g., salary, working hours, vacation). The visa can be applied for on the basis of a specific job offer. After entry, the registration of residence (Section 17 of the Federal Employment Act) follows and the conversion into a residence permit. Skilled workers with recognized qualifications can potentially apply for a settlement permit or naturalization . Careful preparation of the documents and a review by an immigration lawyer are essential to avoid rejections or delays.
2. Requirements for a work visa
2.1 Legal employment contract with a German company
The most important requirement for applying for a work visa is an employment contract that meets the requirements for a work permit. The contract meets the requirements under labor law if the contract is lawful with regard to salary , working hours , and vacation entitlement . The employment contract must be concluded with a German company, or the company must have a German branch (so-called "domestic employment relationship," Section 39, Paragraph 2, No. 3 of the Residence Act). This can be verified in the commercial register . With foreign employers, otherwise, only employment through an "employer of record" (payroll provider) is possible.
Contrary to popular belief, however, the employment contract does not have to be concluded yet. The law allows a " concrete job offer " to be sufficient (Section 18 (2) No. 1 of the Residence Act). Therefore, the employment contract does not necessarily have to be signed if a corresponding letter from the employer is presented.
You might also be interested in
List of Sources (Paywall)
[1] Offer/Mävers, 2nd edition 2022, Residence Act § 18
2.2 Checking the employer
The work permit is reviewed and issued by the Federal Employment Agency based on the employment relationship declaration . This review includes not only a review of the employment contract but also an investigation of the employer (see Section 40, Paragraph 3 of the Residence Act). For example, the Federal Employment Agency examines whether the employer has any negative entries in the " Central Trade Register ." The Central Trade Register records, for example, whether the employer has been convicted in the past for violations of social security, tax, or labor law. In these cases, the Federal Employment Agency can refuse approval. A visa will then not be issued.
Approval from the Federal Employment Agency can be requested during the visa application process or beforehand (so-called pre-approval procedure ). The pre-approval procedure is particularly useful when it is not yet certain whether the Federal Employment Agency will approve the employment. This way, you do not have to go through the entire visa process to check whether the Federal Employment Agency would approve it. Pre-approval can also be used in many cases to expedite the visa process (see our VISAGUARD guide on expediting visa applications ).
2.3 Further requirements for a work visa
The residence law stipulates a number of additional requirements for a work visa. These include, in particular, the following:
sufficient salary (see minimum salary for foreign skilled workers )
Permit to practice a profession in regulated professions (see Guide to Permit to Practice )
Adequate retirement provision (see retirement provision guide)
no grounds for refusal (see article on grounds for refusal according to Section 19f of the Residence Act)
4.1 Recognition of the qualification for academic professionals
Recognition for academic professionals can be verified via the ANABIN database . ANABIN (Recognition and Evaluation of Foreign Educational Qualifications) offers a comprehensive database that evaluates universities and degree programs based on their recognition in Germany. The corresponding certificate from ANABIN must be presented to the responsible German embassy when applying for a visa. It is important that both the educational institution (e.g., the university) and the educational program (e.g., the degree program) are classified as "equivalent" or "comparable." Contrary to a widespread misconception, however, the combination of university and degree does not have to be recognized . Therefore, it is sufficient if your degree was obtained from another university in the country, as long as both universities are recognized. Direct access to the ANABIN database is available via this link to ANABIN .
If your academic degree is not listed in the ANABIN database, you must complete a so-called "certificate evaluation" with the Central Office for Foreign Education (ZAB) before (or in parallel with) the visa process. The documents required for the certificate evaluation vary depending on the country in which the degree was obtained. The ZAB provides the relevant document lists for each country (see the ZAB's online pre-check ). If in doubt, a visa lawyer can advise you on this matter.