Beginning an employed business in Germany as a non-European-citizen
According to these laws the relevant aliens authorities issue the visa including the labour permit in the Federal Republic of Germany, providing the Federal Employment Agency has agreed on the visa. The former two-stage administrative procedure therefore has been eliminated, as the aliens authority also issues the residence permit as well as the approval for employment. As a result, the applicant only has to apply to the aliens authority for the issue of a labour permit. To speed up proceedings, it is highly recommended to pass in the questionnaire for the application for the issue of residence permit to begin an employment (download) together with all required documents. This application form as well as other documents is offered as a download on this page.
As a rule, the relevant aliens authorities in Germany are responsible for questions and decisions about visa applications. The local responsibility depends on the place where the applicant intends to take up residence. Also, changes and extensions of residence permit (e.g. to begin an employment) have to be applied for at the relevant aliens authorities. Addresses of the relevant aliens authorities in Frankfurt am Main, Hochtaunuskreis and Main-Taunus-Kreis are written down at the bottom of this page.
Applications for the issue of a labour permit:
If a non-European citizen wishes to be employed in the Federal Republic of Germany, this will usually be permitted as long as:
- He or she has permission from the Federal Employment Office or (§39 AufenthG)
- No permission from the Federal Employment Office is required(§42 AufenthG)
In the above case, there is also a distinction between a specialist or executive staff (low- or average-qualified employees) and highly-qualified employees:
Specialist and executive staff (low or average-qualified employees), who want to work in Germany and already have a concrete job offer, will have to apply for a visa at a consulate or other appropriate authority. They can be granted a temporary residence permit if the Federal Employment Agency approves. Experts with special skills, or specially qualified executive staff working for a company also active outside of Germany, have the best chance of being granted employment permission.
As a highly-qualified employee, it is possible to receive permission for permanent residence in the form of a settlement permit if the Federal Employment Agency approves. But it is necessary to apply for a visa first and to prove an already existing job offer. Holders of a permanent residence permit are allowed to enter employment-relationships without regulations. Highly-qualified employees include all specialists or executive staff with above-average qualifications who would be rewarded accordingly in full-time employment on the German market. These could include scientists with special expertise, teachers and professors in prominent positions (such as having a special chair) as well as specialists and management staff earning an annual salary of at least 84.000 Euro.
Decision on the application:
The approval from the Federal Employment Office is transferred to the relevant aliens authority in an internal procedure, so that the applicant only has to apply at the aliens authority. As a rule the employment permission will be granted, if
- The employment of the foreigner concerned doesnt have any negative consequences on the labour market, especially with regard to the structure of employment, the region and sector.
- There are no preferred employees (German citizens, EU- citizens or EEA-citizens) for the job available
- Foreigners dont have to bear worse job-conditions in comparison to German citizens.
- There is a concrete job offer
Furthermore, the labour permit can be linked to certain regulations concerning the kind of the job or a particular company as well as regarding a certain time limitation. These regulations usually can be seen in the passport.
More information, as well as more precise information about the regulations of approval of the special kind of employment can be viewed under the following link (in German)
Addresses of the relevant aliens authorities in the IHK-region Frankfurt a. M.:
In der Stadt Frankfurt:
60326 Frankfurt am Main
Tel: +49 (0)69 212 42485
- Information about the entry and stay in Germany
- Questionnaire for the application for the issue of residence permit to begin employment
- Application form for a residence permit
- Information and downloads about visa applications and establishment of a company: www.frm-united.de
- Federal Foreign Office: www.auswaertiges-amt.de/diplo/en/WillkommeninD/EinreiseUndAufenthalt/Visabestimmungen.html#t3