Hiring Skilled Workers from Abroad — Legal Advice for Employers

Hiring Foreign Workers — What Employers Are Legally Responsible For

Anyone who wants to hire foreign employees does not go through a single hiring process, but rather three parallel processes: the residence permit process, the work permit process, and—often—the certification process. These processes have different parties involved and different deadlines.

The key provision for businesses is found in Section 4a(5) of the Residence Act (AufenthG): A foreign national may only be employed if he or she holds a residence permit that authorizes him or her to engage in gainful employment. It is the employer’s responsibility to verify this authorization. Relying on the assumption that “the authorities have already checked this” does not relieve the employer of this responsibility.

This gives rise to three areas of responsibility that KLAMERT & PARTNER distinguishes and handles on behalf of employers. First, the structure: What is the job title, what documents does the company provide, and what does a contract look like that will withstand a process lasting several months? Second, the process: obtaining approval, expediting the process, and communicating with the Foreigners’ Registration Office and diplomatic missions abroad. Third, compliance: verification requirements, documentation, ongoing reporting obligations, and liability in subcontracting relationships.

KLAMERT & PARTNER advises employers throughout Germany. The place of employment determines which immigration office has jurisdiction—the applicable law is the same everywhere. Initial consultations take place by phone or video call; for recurring hires, the firm prepares a documented procedural template.

The Six-Step Process — From Application to Your First Day on the Job

The process for hiring someone from abroad is set out in a specific order. Anyone who skips steps will generally have to repeat them.

Step 1: Define the position and qualification requirements in a way that will stand up to official scrutiny. Step 2: Select the residence permit that applies to this position. Step 3: Clarify the recognition of the qualification—or choose an approach that works without formal recognition. Step 4: Prepare the application for approval from the Federal Employment Agency and submit the company’s documentation.

Step 5: Expedite the process where permitted by law. Step 6: Enter the country, complete the onboarding process, and fulfill the obligations that take effect on the first day of work.

Realistically, the hiring process for a candidate from a third country takes several months. Steps 1 through 5 are within our control. The schedule of the relevant diplomatic mission is beyond our control—which is why a promised start date without a contingency clause poses a risk.

Step 1: Define the position and qualification requirements for the hire

In the hiring process, the job description is not a human resources marketing document, but rather a piece of evidence. The Federal Employment Agency uses the information provided in the job description to verify whether the compensation and working conditions are comparable to those of similar domestic employees.

Five factors are decisive. First, the job duties—not just the job title: What does the person actually do, and what are their responsibilities? Second, the weekly working hours, including agreed-upon overtime. Third, compensation, including all components—base salary, allowances, benefits in kind, and variable pay. Fourth, the work location, because it determines jurisdiction. Fifth, the required qualifications, because they influence the choice of title.

One point is regularly underestimated: A position that does not formally require any qualifications precludes the holder from obtaining professional titles. Anyone who advertises a position as an unskilled labor role cannot later classify it as skilled employment. Conversely, since the reform of the Skilled Workers Immigration Act, recognized skilled workers are generally permitted to engage in any skilled employment, not just the profession they were trained in. This significantly expands the range of jobs available to foreign skilled workers.

Step 2: Choose the Right Residence Permit — The Permit Matrix for Employers

The choice of title is the decision with the greatest impact. It determines the duration of the process, the requirement for approval, the employee’s prospects for staying with the company, and the workload for the company. The following overview shows the practical options available to employers.

Title / Path	When it fits	Is recognition necessary?	BA Approval
EU Blue Card (Section 18g of the Residence Act)	Academic Qualifications, Salary Above the Threshold	yes	Usually no
Skilled worker with vocational training (Section 18a of the Residence Act)	Recognized or equivalent vocational training	yes	Yes, regularly
Skilled worker with an academic degree (Section 18b of the Residence Act)	College Degree Without a Minimum Salary Requirement	yes	Yes, regularly
Recognition Partnership (Section 16d(3) of the Residence Act)	Qualification held, recognition pending	No, it will be rescheduled.	yes
Western Balkans Regulation (Section 26(2) of the Description of Benefits Regulation)	Six Western Balkan countries, each with employment	no	Yes, subject to quotas
§ 19c(2) of the Residence Act	Extensive practical professional knowledge, especially in IT	no	Yes, regularly
ICT Card (Section 19 of the Residence Act)	Intra-group transfer lasting 90 days	no	yes
Opportunity Card (Section 20a of the Residence Act)	Person still looking; trial work possible	no	Special Rules

The matrix is a preliminary screening tool, not a final decision. Which path is best in a specific case depends on proof of qualifications, salary, nationality, and timeline. KLAMERT & PARTNER maintains separate pages for each position listing the complete requirements—this page describes the career path within the company.

A rule of thumb from consulting practice: If the position meets the salary threshold for the EU Blue Card, that is almost always the best option—shorter processing times for a settlement permit, EU mobility, and, as a rule, no approval required from the Federal Employment Agency. If it falls below that threshold, the level of professional recognition determines the path forward.

Step 3: Determine whether recognition applies—or hire the individual without recognition (recognition partnership, Section 16d(3) of the Residence Act)

The recognition of foreign qualifications is the critical step in most procedures. It takes months and is beyond the company’s control. For employers, there is therefore a way to hire candidates without having to wait for the decision.

What the Recognition Partnership Offers

The recognition partnership under Section 16d(3) of the Residence Act (AufenthG) allows for entry into the country and employment before the recognition process is completed. The employer and the skilled worker agree to carry out the process after the worker’s arrival in Germany. The residence permit is granted for up to three years; the recognition process is to be completed within this period.

Requirements for the Specialist

Applicants must have completed at least two years of state-recognized vocational training or a college degree, as verified by the digital record of professional qualifications. In addition, they must have German language proficiency at the A2 level and a specific employment relationship that is professionally related to the target occupation. Approval from the Federal Employment Agency is required.

What the Company Covers

The recognition partnership is not a mere formality, but a commitment on the part of the company. The company must actively promote the recognition process and, if significant differences in qualifications are identified, provide opportunities for employees to bridge those gaps through training. In addition, the company must be well-suited to this task—experience with training or retraining is an indicator of this. The required documents include the statement regarding the employment relationship and Supplementary Sheet A.

Where the recognition process is already underway or has been completed, the standard procedure applies. KLAMERT & PARTNER explains how ANABIN, transcript evaluation, and equivalency determinations work—as well as what steps can be taken to appeal a deficiency notice—on a dedicated page about the recognition of foreign degrees.

Step 4: Approval from the Federal Employment Agency — What the Employer Must Provide

For most categories, the Foreigners' Registration Office will only issue a work permit with the approval of the Federal Employment Agency. The company's submission consists of two documents.

The Employment Relationship Declaration is the key form. It describes the job duties, working hours, compensation, and work location, and serves as the basis for the comparability assessment. Depending on the title, an additional sheet may be required—for example, Supplementary Sheet A for the Recognition Partnership.

The most common mistake is not providing incorrect information, but rather incomplete information. If allowances, benefits in kind, or details regarding collective bargaining wages are missing, a follow-up request will be issued; each such request adds weeks to the ongoing process. Discrepancies between the employment contract and the declaration have the same effect. KLAMERT & PARTNER therefore completes the declaration in collaboration with the human resources department and includes the job description and compensation summary with the submission, rather than submitting them later.

The Employment Regulation specifies which types of employment are permitted without consent. If an exception applies, an entire procedural step is eliminated—this is the most effective lever of all. Details regarding consent and the Employment Regulation are covered on the page about work visas and work permits.

Step 5: Expedite the Process — Preliminary Approval and Expedited Skilled Worker Procedure

Employers have two tools at their disposal to save time. Both require the company to take action—nothing will happen on its own.

Preliminary Approval: The employer applies for approval from the Federal Employment Agency before the skilled worker submits the visa application. Once approval is granted, the diplomatic mission no longer needs to involve the Federal Employment Agency in the ongoing process. This eliminates one step in the review process.

The expedited skilled worker procedure under Section 81a of the Residence Act (AufenthG): The employer enters into an agreement with the competent immigration authority; the authority then manages the recognition, approval, and preliminary approval processes, and the diplomatic mission gives priority in scheduling an appointment. Fixed timeframes apply; a total of about four months should be planned for. The immigration office currently charges a fee of 411 euros, which the company can cover by submitting a declaration of cost assumption.

Whether the expedited process is worthwhile depends on the individual case: If recognition is pending and the waiting list is long in the country of origin, it can save months; if the degree has already been recognized and the waiting list is short, the standard process with prior approval is often just as fast and less expensive. KLAMERT & PARTNER evaluates both options in relation to the planned start date.

Step 6: Entry into the Country, Onboarding, and Employer Responsibilities Starting on the First Day of Work

The process does not end upon entry; it simply takes on a different form. Ongoing employer obligations take effect starting on the first day of work, and two of them are new or are frequently overlooked.

Verify the title and keep a copy

Before employment begins, it must be verified whether the residence permit authorizes the employee to work and whether it covers the specific job. A copy of the valid permit must be retained in electronic or paper form for the duration of the employment. This copy is the first document that will be requested during an inspection.

New Reporting Requirement Effective January 1, 2026 (Section 45c of the Residence Act)

A new employer obligation has been in effect since January 1, 2026. Any employer who recruits a skilled worker from a third country who is currently residing abroad to work in Germany must provide that worker, in writing, with information about the “Fair Integration” counseling service—including the current contact information for the nearest counseling center—by the first day of employment. This obligation does not apply if a placement agency has already fulfilled it as part of a cross-border placement under Section 299 of SGB III. For HR departments, this means incorporating a standard letter into the onboarding process—create it once, use it indefinitely.

Notice in the Event of Early Termination (Section 4a(5), Sentence 3, Item 3 of the Residence Act)

If the employment relationship ends prematurely, the employer must notify the competent immigration authority within four weeks. The notification is generally addressed to the authority at the person’s place of residence, which is usually the issuing authority indicated on the permit. This applies to permits issued under Sections 18a through 19f of the Residence Act (AufenthG), specifically skilled workers and holders of the EU Blue Card; permits issued under Sections 20 and 21 of the Residence Act are not covered.

Failure to comply with this reporting requirement is subject to fines: up to 30,000 euros for intentional violations and up to 15,000 euros for reckless violations. It also applies in the event of termination during the probationary period and in the case of a mutual termination agreement. In practice, therefore, it should be included in the offboarding checklist, not left to the memory of a single person.

Drafting an Employment Contract: Reservation Clause, Start Date, Coverage of Expenses

An employment contract for a position abroad must go through a process whose duration neither party can control. Three regulations determine this.

The Conditional Clause: The start date of the contract is subject to the granting of the required residence permit. This protects both parties—the company from entering into a contract without receiving work services, and the skilled worker from a breach of contract for which they are not at fault. Without such a clause, the start date is typically renegotiated.

The start date: It should not be set to a desired date, but rather to a date that reflects the realistic duration of the process—or phrased as “after the residence permit is granted.” For projects requiring a commitment, a two-stage model is possible that allows for preparatory work to be done from abroad.

Coverage of expenses: Fees, translations, recognition procedures, relocation, and language courses can be specified in the contract. Where the company bears the costs, reimbursement clauses may be considered—but they are subject to the requirements of labor court case law regarding the duration of the employment relationship and a graduated repayment schedule, and would need to be reviewed on a case-by-case basis. An invalid clause is worse than no clause at all.

Employer Liability: Fines of up to 500,000 euros, Criminal Liability, Central Business Register

Employing a foreign national without the required authorization is not a mere formality that can be rectified. The legislature has deliberately set the bar high.

Administrative Offense: Anyone who employs a foreign national in violation of § 4a(5), sentence 1 or 2, of the Residence Act (AufenthG) commits an administrative offense under § 404(2)(3) of Book III of the Social Code (SGB III). The fine can be up to 500,000 euros. This provision covers not only intentional acts but also negligence—failure to verify is sufficient.

Consequences for the Central Trade Register: Any final fine of more than 200 euros is entered into the Central Trade Register. For companies participating in public procurement procedures, this is the truly painful consequence, because an entry can result in their exclusion from the process.

Criminal Liability: In the case of a repeat offense, § 11(1)(2a) of the SchwarzArbG applies, carrying a prison sentence of up to three years or a fine; the same applies under § 11(1)(1) of the SchwarzArbG in the case of the simultaneous employment of five or more foreign nationals without authorization. If working conditions are significantly worse than those of comparable German employees, § 10 of the SchwarzArbG may apply, carrying a prison sentence of up to five years.

Added to this are economic consequences that are not sanctions but are nonetheless painful: back payments of social security contributions and wage claims for periods during which work was actually performed.

Employers’ Audit Obligations and Documentation — What Stands Up to an Audit by the Financial Control Authority for Illegal Employment

The Customs Administration's Financial Control Unit for Illegal Employment is responsible for conducting audits. It does not assess whether a company has made an effort, but rather whether it can document what it has verified.

Two errors stand out. The first: The system checks whether a title exists, but not whether it covers the specific job. Some titles allow for any type of employment, while others permit only a specific job with a specific employer; a transfer to another department may fall outside the scope. The second: The check is performed once and never again. Titles expire, and when they do, the authorization ends.

Client Liability for Subcontractors (Section 404(1) of Book III of the Social Code)

One basis for liability applies to companies that do not hire anyone from abroad themselves. For the construction, logistics, building services, and industrial assembly sectors, this is effectively the most important sentence on this page.

Under Section 404(1) of SGB III, any business owner who contracts out services or work and engages a subcontractor—knowing, or negligently failing to know, that the subcontractor employs a foreign national without the required authorization—is committing an administrative offense. The range of fines in this case also extends up to 500,000 euros.

The key word here is “negligent.” Anyone who hires subcontractors without conducting any due diligence cannot later claim to have been unaware of the situation. Conversely, documented due diligence serves as a defense.

KLAMERT & PARTNER therefore establishes three levels for clients: a contractual level—representations by the subcontractor, obligations to provide evidence, and the right to terminate in the event of a breach; a factual level—which evidence must be available before construction begins and who reviews it; and a documentary level, so that the review can be substantiated in the event of a dispute. In the case of multi-tiered chains, additional provisions must be made to regulate how these obligations are passed down the chain.

Special Provisions for Employers: Western Balkans Regulation, Group Posting, Opportunity Card, Ukraine

Four scenarios follow their own rules and warrant separate consideration by employers.

Western Balkans Regulation: Nationals of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia may take any job without having to provide proof of qualifications. A binding job offer and approval from the Federal Employment Agency are required; approvals are capped at 50,000 per calendar year and allocated by month and by nationality. The timing of the application is therefore a deciding factor.

Intra-Group Transfer: If an individual is transferred to Germany within a corporate group, the ICT Card, Mobile ICT Card, or—for assignments of up to 90 days with an EU pre-title—short-term mobility with notification to the Federal Office for Migration and Refugees applies. Details are provided on the ICT Card information page.

Opportunity Card: It is intended for people who do not yet have a job and allows for part-time work and trial employment. It is attractive to employers because it brings candidates into the country who can be evaluated in a real-world setting before being hired.

Ukrainian professionals: They often hold a residence permit under Section 24 of the Residence Act (AufenthG) and may therefore generally be employed without further formalities. The specific permit notation must be verified. For Ukrainian- and Russian-speaking clients, Denys Osypenko is the firm’s point of contact.

Costs, Timeline, and Budget for Hiring a Skilled Worker from Abroad

An overseas assignment can be planned if it is included in the budget. There are four cost categories that regularly arise.

Government fees: Visa fee charged by the diplomatic mission abroad, fee charged by the Foreigners’ Registration Office for the residence permit, and, in the expedited skilled worker procedure, 411 euros. Recognition: Fees charged by the recognition agency, evaluation of academic credentials, certified translations, and, if applicable, apostilles. Qualification: Adaptation training, exam fees, language courses. Arrival: Travel, finding housing, initial supplies.

When it comes to the timeline, two factors are crucial—they do not add up but rather overlap: the duration of the recognition process and the schedule of the diplomatic mission. If you handle both simultaneously rather than one after the other, you can significantly shorten the total duration—that is the real benefit of seeking advice early on.

KLAMERT & PARTNER agrees on legal fees with companies in a transparent manner: in accordance with the German Lawyers’ Fees Act (Rechtsanwaltsvergütungsgesetz) or based on an individual fee agreement, typically as a fixed price per hire or as a framework agreement for recurring needs. This makes it easier to budget for legal fees within the HR budget.

Recurring Settings: Set Up the Process Correctly Once

Companies that regularly hire from abroad pay the highest price not for fees, but for having to start over. Every hiring process begins from scratch because knowledge is tied to individuals rather than to a process.

KLAMERT & PARTNER sets up a procedural template for such companies. It includes the process flow with responsibilities and deadlines, sample documents for contracts, reservation clauses, and cost-assumption declarations, a completed sample declaration regarding the employment relationship, the review file for documentation, an offboarding checklist detailing the obligation to provide notice, and the standard letter regarding the duty to inform pursuant to Section 45c of the Residence Act (AufenthG).

The effect is measurable: The HR department operates independently, and legal counsel is now needed only for cases that deviate from the standard. This is the more cost-effective approach for companies—and the reason why KLAMERT & PARTNER offers this template instead of billing for each hire individually.

Languages and Access: German, English, Ukrainian, Russian, Portuguese, Hindi

When hiring someone from abroad, there are two parties involved: the company and the professional. KLAMERT & PARTNER provides consulting services in German, English, Ukrainian, Russian, Portuguese, and Hindi.

Consultations in Hindi are available for Indian professionals. The firm is expanding its team to include a lawyer of Indian origin who speaks Hindi; legal services and representation are provided by the firm’s licensed attorneys. Denys Osypenko is the point of contact for Ukrainian- and Russian-speaking professionals, and the firm provides Portuguese-language services for clients from Brazil and Portugal.

For employers, this is more than just a service. If the foreign worker understands which documents are required and in what format, it eliminates the need for additional requests that would delay the company’s schedule.

KLAMERT & PARTNER — Munich-based attorney representing employers, serving clients nationwide

KLAMERT & PARTNER Rechtsanwälte PartGmbB is a Munich-based commercial law firm specializing in property law. Advising employers on residency and labor migration law is one of the areas in which the firm supports companies—from selecting the appropriate legal status to navigating the procedures and establishing compliance structures.

Why hire a Munich attorney for hiring matters throughout Germany? Because immigration law is governed by federal law. The Foreigners’ Registration Office at the place of employment has jurisdiction, and the applicable law is the same everywhere. As a Munich law firm, KLAMERT & PARTNER handles proceedings for companies in Hamburg, Leipzig, Stuttgart, or Dortmund, as well as for employers in Bavaria.

Clients include medium-sized businesses, long-term care facilities, skilled trades and construction companies, IT firms, and subsidiaries of large corporations. Member of the Munich Bar Association; Markus Klamert is also a member of the Tyrol Bar Association in Innsbruck.

The law firm’s offices are located in the hospital district of Ludwigsvorstadt, near Theresienwiese, and are just a few minutes away by subway from Sendlinger Tor or Goetheplatz. If you’re not in Munich, you don’t need to travel here for a consultation. You can find directions and office hours in the Contact section.

Free Initial Assessment for Businesses

As part of the free initial assessment, KLAMERT & PARTNER will review your case, with no obligation on your part, to determine whether it has a reasonable chance of success. Any legal advice beyond this will be provided only after you have retained our services and we have reached an agreement on fees.

For a planned hire, this means specifically: What type of residence permit is associated with the position? Has the qualification been reliably verified, or is the recognition partnership an option? Is approval from the Federal Employment Agency required? And where do the risks lie in the planned timeline?

What You Should Have Ready for the Initial Assessment

It is helpful to include the job description with the anticipated compensation, the candidate’s credentials, information on citizenship and current location, and the planned start date. For ongoing procedures, also include correspondence with government agencies; for rejections, include the official notification.

The quickest way is to use the contact form for the Skilled Workers Service: Describe your project in a few sentences, attach the necessary documents, and receive a response with an initial assessment. You can reach KLAMERT & PARTNER by phone at 089 540 239 0.

Frequently Asked Questions from Employers About Hiring Foreign Skilled Workers

What does an employer need to consider when hiring a skilled worker from abroad?

Four points, in this order: Is the qualification recognized or equivalent—and if not, what options remain? What type of residence permit does the position require? Is approval from the Federal Employment Agency required? And does the work permit specified in the permit cover the specific job duties? The responsibility to verify these details lies with the company, not with the skilled worker. KLAMERT & PARTNER, a Munich-based law firm, reviews these points in a free initial assessment before a contract is signed.

How long does it take for a skilled worker from abroad to start working?

Realistically, it takes several months. The duration consists of three stages: recognition of the qualification, approval by the Federal Employment Agency, and the scheduling of the relevant diplomatic mission. The last stage is the least controllable and varies considerably depending on the country and time of year. Those who handle the recognition and visa procedures in parallel rather than one after the other can significantly shorten the total duration. In the expedited skilled worker procedure under Section 81a of the Residence Act (AufenthG), a total of about four months should be planned for. KLAMERT & PARTNER, a Munich-based law firm, outlines the timeline before making a contract offer.

How much does it cost to hire a skilled worker from abroad?

There are four main cost categories: government fees for visas and residence permits (with an additional 411 euros for the expedited process); recognition costs, including credential evaluation, translations, and certifications; training and language courses; and travel and arrival expenses. In addition, there are attorney fees, which KLAMERT & PARTNER typically negotiates with companies as a fixed fee per hire or as part of a framework agreement. The specific costs to be borne by the company can be specified in the contract.

Can we sign an employment contract before the residence permit is issued?

Yes, and as a rule, this is actually necessary—the authorities require a concrete job offer or a contract. It is advisable to include a conditional clause: The start date of the contract is made contingent upon the issuance of the required residence permit. This ensures that there is no obligation to work as long as the permit has not been issued, and neither party bears the risk of the proceedings alone. Without such a clause, the start date will ultimately have to be renegotiated.

What start date should we put in the contract?

Do not specify a desired start date. It makes more sense to either choose a date that reflects the realistic duration of the process or to use wording that ties the start date to the issuance of the residence permit. Anyone who commits to a fixed date before the job title, required approvals, and scheduling have been clarified is negotiating against a timeline they cannot control. In practice, this is the most common avoidable mistake in hiring candidates from abroad.

Who submits the application—the employer or the skilled worker?

The skilled worker applies for the visa at a German diplomatic or consular mission abroad and for the residence permit at the Foreigners’ Registration Office after entering the country. The employer submits the declaration of employment along with any supplementary forms, may apply for prior approval from the Federal Employment Agency, and initiates the expedited skilled worker procedure under Section 81a of the Residence Act (AufenthG). Thus, there is no application that the company files on its own—but there are several steps that cannot be completed without the company’s involvement.

Can we hire someone without a recognized degree?

Yes, there are several options. The recognition partnership under Section 16d(3) of the Residence Act (AufenthG) allows entry and employment while the recognition procedure is pending in Germany. Section 19c(2) of the Residence Act applies in cases of extensive practical professional knowledge, typically in the IT field. The Western Balkans Regulation does not require any proof of qualifications at all for six countries. Which route is available depends on nationality, qualifications, and the position.

What is a recognition partnership?

The recognition partnership under Section 16d(3) of the Residence Act (AufenthG) is an agreement between an employer and a skilled worker to conduct the recognition procedure only after the worker has entered Germany. The requirements are at least two years of state-recognized vocational training or a college degree, German language proficiency at the A2 level, and employment in a field related to the target occupation. Approval from the Federal Employment Agency is required. The residence permit is granted for up to three years.

What responsibilities does our company assume under a recognition partnership?

The employer must actively promote the recognition process and, if significant differences in qualifications are identified, provide opportunities for employees to bridge those gaps through training. The employer must also be capable of doing so—experience with vocational training or retraining is an indicator of this capability. The required documents include the statement regarding the employment relationship and Supplementary Sheet A. Those who choose this route should determine internally who will oversee the process and from which budget the training will be funded.

What language skills must the specialist have?

That depends on the professional title and occupation. There is no general language requirement for professional titles under Sections 18a and 18b of the Residence Act (AufenthG); however, Level A2 is required for the recognition partnership under Section 16d(3) of the Residence Act (AufenthG). In regulated professions—such as nursing and medicine—the professional licensing authorities typically require significantly higher proficiency levels, often B2. This professional requirement must be distinguished from the residency requirement and is often assessed too late. KLAMERT & PARTNER, a Munich-based law firm, assesses both requirements together.

Who bears the costs of the recognition process?

This is subject to mutual agreement. Fees charged by the accreditation body, as well as costs for credential evaluation, translations, and certifications, may be covered by the company or by the professional. In practice, employers often cover these costs because they have a say in setting the timeline. When the company pays, repayment clauses may be considered—they are subject to the guidelines established by labor court case law regarding the duration of the employment commitment and the payment schedule, and would need to be reviewed on a case-by-case basis.

What is the statement regarding the employment relationship?

This is the employer’s main form in the approval process. It specifies the job duties, working hours, compensation, and work location; based on this information, the Federal Employment Agency determines whether the working conditions are comparable to those of similar domestic employees. Additional forms may be required depending on the position. Incomplete information regarding allowances, benefits in kind, or collective bargaining agreements is the most common reason for follow-up inquiries—and each inquiry takes weeks to resolve.

Do we need to adjust the salary to meet German standards?

Yes. The benchmark is comparability with domestic employees in the same position; German minimum working conditions—including the minimum wage and relevant collective bargaining agreements—apply regardless of nationality. A salary that is considered adequate in the country of origin may be too low for work in Germany. For certain visas—such as the EU Blue Card—a fixed salary threshold also applies, which is adjusted annually.

Can we speed up the process?

Three factors can be controlled. Obtaining prior approval from the Federal Employment Agency removes one review step from the ongoing visa process. The expedited procedure for skilled workers under Section 81a of the Residence Act (AufenthG) operates with fixed deadlines and priority scheduling; the Foreigners’ Registration Office currently charges 411 euros for this service. And the quality of the documentation: complete, consistent information prevents the need for follow-up inquiries. The general scheduling situation at the diplomatic mission remains beyond one’s control.

What changes if the skilled worker is from an EU country?

In that case, the entire procedure is waived. Citizens of EU member states, as well as those of Iceland, Liechtenstein, Norway, and Switzerland, enjoy freedom of movement and do not need a visa or work permit. The general requirements still apply: registration, social security, and a tax identification number. For family members of EU citizens who are third-country nationals, separate rules apply—which are generally more favorable than those under general residence law.

What happens if we hire someone without a work permit?

This constitutes an administrative offense under Section 404(2)(3) of SGB III, punishable by a fine of up to 500,000 euros; negligence is also covered. Any final fine exceeding 200 euros is entered into the Central Business Register, which may result in exclusion from public procurement procedures. In the event of a repeat offense or if five or more employees are employed without authorization, Section 11 of the Illegal Employment Act (SchwarzArbG) provides for imprisonment of up to three years; if working conditions are significantly worse, Section 10 of the Illegal Employment Act provides for imprisonment of up to five years. In addition, back contributions may be assessed.

How do we properly document the review of a residence permit?

A brief audit file for each employment relationship has proven effective: a copy of the valid residence permit—which must be retained for the duration of the employment anyway—the date and name of the auditor, a note specifying the activities covered by the permit, the expiration date with a follow-up date, proof of compliance with the duty to inform under Section 45c of the Residence Act (AufenthG), and a note regarding notification upon termination. During an audit by the Financial Control Authority for Illegal Employment, what counts is what can be documented, not what is recalled.

Are we liable for subcontractors who employ workers without authorization?

Yes, under certain circumstances. According to Section 404(1) of SGB III, it is an administrative offense for anyone who commissions services or work and hires a subcontractor knowing—or negligently failing to know—that the subcontractor employs foreign nationals without the required authorization. The penalty can be up to 500,000 euros. A documented review—including contractual assurances, obligations to provide evidence before work begins, and a recorded inspection—serves as exculpatory evidence. KLAMERT & PARTNER, a Munich-based law firm, sets up this framework for clients.

Do we have to notify the immigration office when the employment relationship ends?

In the case of early termination, yes. According to Section 4a(5), sentence 3, item 3 of the Residence Act (AufenthG), the competent immigration authority must be notified within four weeks; the notification is generally sent to the authority at the person’s place of residence. This applies to the categories covered by Sections 18a through 19f of the Residence Act (AufenthG)—specifically, skilled workers and holders of the EU Blue Card—but not to those covered by Sections 20 and 21 of the Residence Act. Intentional failure to comply may result in a fine of up to 30,000 euros, while reckless failure may result in a fine of up to 15,000 euros. This obligation should therefore be included in the offboarding checklist.

Is a skilled worker at the company allowed to change jobs or move to another department?

This depends on the scope of the work permit specified in the residence permit. Some permits allow for any qualified employment, while others permit only a specific job with a specific employer; in the case of the EU Blue Card, there is an obligation to report or obtain approval during the initial period. A transfer without prior review may exceed the scope of the permit—with the same consequences as working without a permit. The permit’s terms must be reviewed before any transfer takes place.

Have your hiring plan reviewed now with no obligation—get a free initial assessment for employers by calling 089 540 239 0 or using our contact form.