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Explained: Requirements for a skilled worker visa

Video explanation of the requirements for a skilled worker visa in Germany

What is the problem with work visa requirements?

  • The requirements for work visas are not comparatively extensive when it comes to the details. This applies in particular to:

  • the employer and their registration and address in Germany

  • the modalities of salary payment as well as social security and tax payment

  • the legality of the employment contract and the amount of the salary

  • the recognition of qualifications and the linking of qualifications and profession

Practical tip from a lawyer

Many employees are unaware of how much the details of an employment relationship can influence whether, and if so, which work visa ultimately needs to be applied for. In these videos, we therefore explain precisely what is important from a legal perspective when applying for a work visa and what needs to be considered.

Video series on the requirements for a work visa

Anyone wanting to work in Germany and apply for a work visa or residence permit often faces a bureaucratic jungle. To shed light on this, we at Visaguard have created a three-part video series that clearly explains the core legal requirements. For the authorities to approve an employment contract, it must meet three essential criteria: it must comply with German labor law, stipulate the correct salary, and match the applicant's qualifications. In this blog post, we summarize the most important insights from the entire series for you.

1. The employment contract: Legal pitfalls and no-gos

The first step towards obtaining a visa always involves the employment contract itself, which is also the central topic of our first video. A legally valid contract, as defined by visa law, requires a genuine, permanent employment contract with social security contributions – bogus self-employment (fake freelancing) is prohibited. Furthermore, the employer must be based in Germany, registered in the commercial register, and must not have any negative entries in the central business register (such as tax evasion or insolvency). Another common stumbling block is temporary employment: Temporary work or hiring through so-called employers of record is prohibited for regular work visas according to Section 39 of the German Residence Act (AufenthG) – one of the few exceptions is the EU Blue Card. Finally, the legal standards regarding maximum working hours (48 hours/week) and minimum vacation (20 days/year) must, of course, be strictly observed.

2. The salary hurdle: What is the minimum salary you need to earn?

In the second part of our series, we focus on money, as almost every work visa is tied to a salary threshold. This regulation primarily serves to protect the German labor market from wage dumping and to protect foreign skilled workers from exploitation. While the EU Blue Card and the visa for experienced professionals have fixed salary limits, most other visas operate under a flexible system: the salary must correspond to that of comparable German employees. To determine this threshold, the authorities use the Federal Employment Agency's so-called Salary Atlas . Factors such as occupation (e.g., software developer), federal state, age, and gender play a role here – unless the company is bound by a collective bargaining agreement that overrides the Salary Atlas.

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3. Too low a salary? Three legal tricks for emergencies

But what happens if the offered salary doesn't meet the official requirements and the visa is at risk of being rejected? Our second video provides three clever strategies for legally resolving this issue. The first option is to reduce weekly working hours: If the total working time decreases, the required comparable salary also decreases, while the hourly wage remains fair and compliant with the law. The second option is to adjust the job title and its corresponding job description in the contract so that it can be assigned to a different, more appropriate salary category in the salary scale. Thirdly, one can argue to the authorities that it is a junior position, for which a lower starting salary is naturally customary and appropriate.

4. Skilled employment: Recognition and exceptions

The final, third video focuses on qualification requirements, as Germany primarily issues work visas for so-called "skilled employment." This means, conversely, that purely auxiliary jobs—such as cleaning, delivery, or kitchen work—generally cannot be covered by a work visa (exceptions apply, among others, to privileged countries like the USA and the UK, as well as the Western Balkans Regulation). To demonstrate qualifications, the degree must either be recognized as equivalent via the Anabin database or undergo an official certificate evaluation. However, there is an important simplification in the IT sector: Here, under certain conditions and with a sufficiently high salary, a visa is possible even without a formal university degree, based solely on professional experience.

5. The qualification context: How your studies match the job

Things get particularly interesting when it comes to the "qualification connection," which plays a crucial role, especially for the EU Blue Card: the job must be relevant to your studies. The good news from case law is that authorities interpret this connection very broadly – a partial overlap between the course content and the subsequent job duties is often sufficient. To provide irrefutable proof of this match to the immigration office or embassy, it's advisable to submit a detailed job description along with your Diploma Supplement . This document breaks down the specific courses you took during your studies and provides officials with the perfect arguments for your successful visa application.

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