The global economy and labour markets are becoming ever more interconnected. Many companies are already recruiting more internationally. Secondments from abroad to Germany as part of international staff exchange programmes are occurring with increasing frequency. International professionals offer companies considerable potential in terms of the workforce. Due to their professional qualifications and cultural background, international skilled workers contribute valuable input to companies and function as bridge builders to increase a company’s productivity and ability to innovate.
When recruiting expats / international professionals, there are various legal aspects for employers to bear in mind. If the applicant comes from an EU or EEA state, he/she is entitled under the terms of the Freedom of Movement Act (Freizügigkeitsgesetz) to stay in Germany for a period of up to six months to seek work or to make immediate use of his/her free access to the labour market in Germany.
When recruiting staff from non-EU countries, so-called ‘third-country nationals’, the following legal requirements apply: Employment is only permitted if the applicant has leave to remain (known as an Aufenthaltstitel). This must indicate whether the holder is allowed to take up gainful employment.
The conditions for granting such permission depend on the specific kind of leave to remain. In Germany, leave to remain can take the following forms:
The approval of the Federal Employment Agency (Bundesagentur für Arbeit) is required before the expats / international professionals may take up employment. There are exceptions, however, which apply to IT staff, among others. Whether approval is needed is regulated by law in the Ordinance on the Employment of Foreigners (Beschäftigungsverordnung).
Prior to submitting an application for approval, a preliminary check is possible in order to assess the chances of approval in advance. A preliminary check of this kind also accelerates the process.
The employer can complete the following documents and submit them to the Federal Employment Agency for approval:
Further information on this process and the corresponding forms can be found on the website of the Federal Employment Agency at:
www.arbeitsagentur.de/unternehmen/arbeitskraefte/vorabzustimmung-fuer-auslaendische-beschaeftigte
www.arbeitsagentur.de/en/german-labour-market
www.arbeitsagentur.de/fuer-menschen-aus-dem-ausland/voraussetzungen-arbeiten-in-deutschland
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