Approval of the Federal Employment Agency
All information on applying for approval to take up work from the Federal Employment Agency (BA).
Share:
Here you learn ...
what the approval of the Federal Employment Agency is
why the approval of the Federal Employment Agency is required
how to obtain approval from the Federal Employment Agency
how the application process works
Table of contents
1. What is the approval of the Federal Employment Agency?
2. When is approval from the Federal Employment Agency required?
3. Requirements and documents
4. Deviations from the standard procedure
5. Options if the application for consent is rejected
6. FAQ Approval of the BA
7. Conclusion Approval of the BA
1. What is the approval of the Federal Employment Agency?
Access to the German labor market for skilled foreign workers from so-called third countries is subject to special requirements. Unlike citizens of the European Union, the European Economic Area, or Switzerland, third-country nationals require a residence permit that expressly authorizes them to work in Germany ( Section 4a of the Residence Act ). This residence permit is generally issued by the immigration authorities (residence permit) and embassies and consulates (visa).
In order for the immigration authorities and foreign missions (embassies and consulates) to issue a residence permit with the corresponding work permit, they usually require the internal approval of the Federal Employment Agency ( Section 39 of the Residence Act ). The Federal Employment Agency's approval does not itself authorize work (it has no external effect according to Section 35 of the Administrative Procedure Act ), but is merely an internal requirement for the issuance by the immigration authorities and foreign missions.
Before granting approval, the Federal Employment Agency examines, in particular, whether the future employment will be under conditions comparable to those of German workers. Among other things, the remuneration and the type of employment, which must be regulated in a specific employment contract, are crucial. The Federal Employment Agency's review program is not limited to residence laws, however, but also includes labor laws. For example, the Federal Employment Agency checks whether the employment contract provides sufficient breaks ( Working Hours Act ) and vacation ( Federal Vacation Act ).
2. When is the BA’s approval required?
While approval from the Federal Employment Agency is the norm, it is not mandatory in all cases. In certain cases , approval from the Federal Employment Agency is not required. This applies, for example, to holders of a settlement permit , the (Large) EU Blue Card , or certain types of employment under the Employment Ordinance.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
Even in cases where approval from the Federal Employment Agency is not required, immigration authorities and foreign missions (embassies and consulates) can make so-called " optional inquiries " ( Section 72, Paragraph 7 of the Residence Act ). In such optional involvement, the Federal Employment Agency is involved solely as an expert information center. The Federal Employment Agency then acts solely as an advisory authority to the immigration authorities or foreign mission; however, its approval is no longer a prerequisite for the issuance of a residence permit.
3. Requirements and documents BA approval
To apply for approval from the Federal Employment Agency, various documents must be submitted to the embassy or immigration office. A concrete job offer must be available, supported by a signed employment contract or a binding employment offer. A signed employment contract is not legally required. However, submitting the employment contract often simplifies and speeds up the administrative process.
In addition, the Federal Employment Agency uses the so-called " Declaration of Employment Relationship " to verify whether the working conditions, particularly with regard to wages and working hours, comply with local standards. For this purpose, the employer must complete and sign the Declaration of Employment Relationship (with an additional sheet if necessary), and submit it to the immigration office or embassy, which then forwards the documents internally to the Federal Employment Agency ( link to the "Declaration of Employment Relationship" form (PDF) .
Additionally, a job description should be submitted, if one exists. While this is not legally required, it avoids having to request additional documents if the submitted documents are not sufficiently informative. A job description can be submitted to the Federal Employment Agency, for example, in the form of a job advertisement on the company's letterhead.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
If all requirements are met, approval is granted in an internal procedure between the immigration authorities and the Federal Employment Agency (unless the applicant has previously obtained prior approval from the Federal Employment Agency ). In practice, the Federal Employment Agency's review takes an average of three weeks if there are no issues with the employment contract or job description. This processing time increases significantly if documents are missing and need to be submitted later, or if forms have been filled out incorrectly.
4. Deviations from the standard procedure
The procedure described above is the statutory standard for the approval procedure. However, the approval of the Federal Employment Agency, which is generally required for the issuance of a residence permit (see Section 39 of the Residence Act), can also be obtained through other means. In the accelerated skilled worker procedure , for example, the immigration authority obtains approval from the Federal Employment Agency and then submits it to the embassy on behalf of the applicant. In the advance approval procedure, however, the applicant applies for approval from the Federal Employment Agency before applying for a residence permit (e.g., via the Federal Employment Agency's eService web portal ).
5. Options if the application for consent is rejected
If the Federal Employment Agency refuses approval, the residence permit cannot usually be issued. Unfortunately, there is no direct legal protection against a refusal of approval by the Federal Employment Agency, as the refusal is not regarded as an administrative act within the meaning of Section 35 of the Administrative Procedure Act (VwVfG) (no external effect due to the internal approval of the agency). If the Federal Employment Agency refuses approval, action must be taken against the refusal to issue the residence permit itself. An objection, remonstration, or lawsuit must then be filed against the refusal of the residence permit and not against the refusal of approval by the Federal Employment Agency. In these cases, the lawsuit and opponent of the objection is the immigration authority or the foreign mission .
One of our lawyers will be happy to advise you if you wish to take action against the rejection of your application due to a refusal of approval by the Federal Employment Agency.
6. Special case: Global consent
The Federal Employment Agency can also grant a so-called "global approval." This type of approval eliminates the need for individual applications during the visa process. Such approvals are often granted when certain personnel capacity bottlenecks exist that must be resolved quickly. Such approvals are common in agriculture, for example, or when resuming flight operations after the COVID-19 pandemic. Whether or not a global approval exists can be researched on the Federal Employment Agency's website.
7. FAQ
What is the approval of the Federal Employment Agency?
The approval of the BA is an internal administrative requirement for the granting of a residence permit to pursue employment in Germany (examination of labor market access or “labor market test”).
Who needs the approval of the Federal Employment Agency?
Third-country nationals (non-EU/EEA/Swiss citizens) who wish to work in Germany generally require this approval. Exceptions apply, among others, to holders of the EU Blue Card or a settlement permit.
What requirements must be met for approval by the Federal Employment Agency?
A concrete job offer must be available. The Federal Employment Agency will review, among other things, the employment contract, salary, and working conditions. For this purpose, the employer must complete the "Declaration of Employment Relationship."
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
Where and how do I apply for approval from the Federal Employment Agency?
Approval is usually obtained through the relevant immigration authority or German diplomatic mission abroad (e.g., embassy) as part of the visa process. Alternatively, it can also be applied for in advance online via the Federal Employment Agency's eService.
What happens if the BA refuses approval?
A direct challenge to the rejection is not possible, as it is not an administrative act. Legal action must be taken against the rejection of a residence permit by the immigration authorities or foreign mission (e.g., by filing an objection or a lawsuit).
What documents are required for approval by the Federal Employment Agency?
The following documents are required for approval:
Employment contract or binding employment offer
Completed “Declaration of Employment Relationship” (with additional sheet if necessary)
Job description (if available)
The Federal Employment Agency may request additional documents during the examination process.
What is the difference between a work permit and approval from the Federal Employment Agency?
In contrast to the approval of the Federal Employment Agency, the work permit, as part of the residence permit, has external effects. Thus, the work permit, as part of the residence permit, allows one to work, whereas the approval of the Federal Employment Agency, in itself, does not entitle one to employment.
8. Conclusion
Approval from the Federal Employment Agency (BA) is an important component in the process for third-country nationals to take up employment in Germany. It serves to protect the German labor market and ensure that foreign workers are employed under fair conditions. Careful preparation is crucial for the smooth running of the approval process – especially the completeness and accuracy of the submitted documents, such as the employment contract and the "Declaration of Employment Relationship." If approval is refused, direct legal recourse is not possible; an appeal must be filed against the decision to deny a residence permit. Alternative procedures such as advance approval or the accelerated skilled worker procedure can shorten the process, but they also require precise planning.
Further information
List of sources
[1] Offer/Mävers, Employment Ordinance, 2nd edition 2022, §§ 1 ff.
[2] Timmermann/Uznanski/Mävers/Klaus, Employment of foreign workers, 2nd edition 2025
[3] Visa Handbook, Employment (Introduction), 73rd Supplement, as of May 2021
