How to get the Approval of the German Federal Employment Agency
In this article, we will talk about how to get the approval of the German Federal Employment Agency when it comes to being hired by a German company as a foreign national from a non-EU country. You will also learn if it is enough to just have a company registered in Germany to get such an approval and what else is required. You will find general information about the approval of the German Federal Employment Agency here.
Our company, Nexus-Europe GmbH, assists foreigners with starting and developing their own business in Germany and moving to Germany through business immigration or the EU Blue Card. Over 20 years of operation we have helped more than 7,000 customers.
How to get the Approval of the German Federal Employment Agency
The process cannot be initiated by the candidates themselves. Either the Federal Employment Agency requests it or the employer can initiate it. Here is how to get the approval of the German Federal Employment Agency and what would be required:
- special form called Declaration on the employment relationship (Erklärung zum Beschäftigungsverhältnis),
- draft of the employment contract,
- detailed job description,
- candidate’s CV,
- diplomas,
- proof of qualification recognition for degrees obtained abroad.
Requirements for the Employer
Just being a company registered in Germany is not sufficient when it comes to how to get the approval of the German Federal Employment Agency. To be able to hire employees at all, apart from having the extract from the Commercial Register, the company has to meet the following requirements:
- have a tax number,
- be registered with the Professional Association (Berufsgenossenschaft),
- have accident insurance (Unfallversicherung),
- have a company number (Betriebsnummer).
Review by the Federal Employment Agency & Priority Check
The Federal Employment Agency will thoroughly review the provided details before making the decision. They would check if the job offer in question meets the same standards as those offered to German workers. They would pay attention to the contract terms, salary, working hours, vacation days, notice periods, overtime rules etc.
Another important step is the so-called priority check (Vorrangprüfung). The authority would check whether or not a German or EU citizen is available and qualified for the job that is being offered to a foreign specialist. If a qualified domestic candidate is found, it may be a reason for refusal of the approval. However, in practice, this check is usually only carried out for certain professions and is not required for skilled workers in shortage occupations. Thus, for jobs requiring special skills or qualifications, it usually doesn’t present a problem when it comes to how to get the approval of the German Federal Employment Agency.
Grounds for Refusal
If all requested details are provided and the requirements are met, an approval should usually be granted. Otherwise, lack of certain required documents or failing to meet the requirements would be considered a reason for refusal.
Other reasons for refusal include the job offer coming from illegal recruitment, the employer having a history of violating tax laws, social security, or labor laws, or if the authority suspects that the company was set up for the sole purpose of helping foreigners enter Germany for work rather than to run an actual business.
The approval of the German Federal Employment Agency is an important step when applying for a residence permit for employment in many cases. To speed up the process, the employer can also submit a request for a pre-approval which could save you time at later stages.
Our company, Nexus-Europe GmbH, provides turn-key solutions: from individual Roadmap development to establishing a fully operating business. We can also assist you with obtaining the German residence permit because of business.