Right to Stay and Right to Work
With the federal government’s paper “Key Points for Immigration of Skilled Workers from Third Countries” the Skilled Workers Immigration Act that has been in operation since March 2020, will continue to develope. The goal is to recruit skilled workers from third countries for the German market more easily and more quickly. At the same time, people from countries outside of the EU, should have better options for finding a job in Germany. The fact is, it was never as easy as today to employ skilled workers from abroad in a company. In the last few years, immigration law has been reformed and the recognition of qualifications from abroad simplified. Nevertheless, as a future employer, you should take a quick look at the steps involved.
In order to recruit skilled workers from abroad, there are legal and bureaucratic requirements. An important point that you as an employer need to bear in mind when recruiting skilled workers from abroad, are the visa regulations. The question of whether your future skilled worker from abroad requires a visa in order to enter Germany and work here, depends on their nationality. Citizens of the European Union, the European Economic Area and Switzerland may enter Germany to work without a visa. People from Australia, Canada, Israel, Japan, New Zealand, South Korea, the U.K und the U.S.A. may enter Germany without a visa and can apply for a work permit when in Germany. People from all other countries, nationals of the so-called third countries, generally need a visa to enter and work in Germany, as well as a work permit.
Your obligations as an employer:
If you have employed skilled workers from outside the EU, there are certain obligations that you as an employer must fulfil. You have to check whether the skilled worker from abroad holds a valid work permit that allows them to work in Germany. If they have a temporary work permit, you need to point out to them that it has to be extended in good time in order to continue working in your company. It is important that you keep a copy of the skilled worker’s valid work permit in electronic form or on paper. If their contract is prematurely terminated, you need to inform the relevant Immigration Authority. The Immigration Authority has to be informed about the termination of the contract for the skilled worker from abroad within four weeks of the decision being made. The rationale behind this disclosure requirement is that the Immigration Authority has all of the information to check whether to shorten the period of validity of the work permit.
The Federal Employment Agency offers an online migration check free of charge, which will give you an initial insight into the conditions which need to be met for a work permit for a skilled worker from abroad.
You will find an overview of visa and entry requirements as well as the most important residence permits on our platform. The local immigration Authority as well as the Federal Employment Agency can give legally binding advice and should be contacted in any case.
Work permit
In contrast to the situation in other countries, there are no work permits in addition to the residence permit in Germany. A residence permit „for the purpose of work“ automatically defines whether and to what extent, you are allowed to work in Germany.