Declaration of employment relationship
Help with filling out and explanations for the employment declaration.
German Citizenship through VISAGUARD
what the employment declaration is
practical help for filling out the declaration of employment relationship
how to formulate a job description for the ECB
everything about the additional sheets to the declaration of employment relationship
Table of Content
1. Form Declaration of Employment Relationship
2. Help with filling out the declaration of employment relationship
3. Declaration of employment relationship Job description
4. Declaration of employment relationship additional sheets
5. Conclusion Declaration on the employment relationship
1. Form Declaration of Employment Relationship
To apply for approval or prior approval for the employment of foreign nationals from the Federal Employment Agency, the "Declaration about the Employment Relationship" form must be submitted to the relevant authority. In this respect, the employer must "provide information about remuneration, working hours, and other working conditions to the Federal Employment Agency in order to obtain approval" ( Section 39, Paragraph 4, Sentence 1 of the Residence Act ). This information is provided through the declaration about the employment relationship.
The employment declaration (PDF) can be downloaded from the Federal Employment Agency's website and then completed. When submitting the employment declaration, please ensure that it is signed and stamped in its original form . While this is not legally required, authorities sometimes insist on the original form. This can significantly delay the visa process if the original employment declaration has to be sent from Germany to embassies in other countries.
2. Help with filling out the declaration of employment relationship
In this VISAGUARD guide to the employment declaration, we provide you with a practical guide to help you fill it out , as filling out the employment declaration is often difficult and can lead to serious legal problems.
First of all, it's important that you complete the employment declaration properly and conscientiously . Incorrect information in the declaration may result in the embassy or immigration authorities considering it as "false or incomplete information" ( Section 54 (2) No. 8 (a) of the Residence Act ). Such false or incomplete information may justify deportation and have further consequences.
Furthermore, the following points must be observed when completing the employment declaration:
Paragraph 1 ECB: The reason for submitting the declaration of employment relationship is, in the skilled immigration law, “granting a residence permit for the purpose of employment” or, in advance approval procedures, “granting advance approval by the Federal Employment Agency”.
Paragraph 19 of the ECB : The company number must be entered if the employment takes place at a German company. If in doubt, the company number should be requested from the company number service of the Federal Employment Agency . Only in certain posting scenarios may the company number be unnecessary.
Paragraph 23 ECB: The temporary employment of workers must be denied, as otherwise no consent can be given (Section 40 (1) No. 2 Residence Act).
Paragraph 26 ff. ECB: The employee's Anabin recognition should be entered under qualifications. For non-academic recognitions, the data from the recognition notice should be used.
Paragraph 34 ECB: Other qualifications of the employee are generally not mandatory.
Paragraph 35 ECB: Information on the authorisation to practice the profession is only required if it is a regulated profession.
Paragraphs 39 and 40 ECB: For the amount of overtime, “legally permissible” can be entered and for overtime compensation, “time off or salary” can be entered.
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3. Declaration of employment relationship Job description
It's generally advisable to submit a job description along with the employment statement. The job description should be detailed but clear. A requirements section should describe the required qualifications, experience, and soft skills. Use terms that frequently appear in applicant profiles to avoid the Federal Employment Agency over-scrutinizing the job description for details.
Regarding the job description for the employment declaration, it may be advisable to create a fake job posting on your company's letterhead. Even if you haven't actually advertised the job, submitting it on company letterhead conveys seriousness and professionalism . This prevents the Federal Employment Agency from claiming it's a favor , or the embassy or immigration authorities from asking questions about the plausibility of your application.
4. Declaration of employment relationship additional sheets
There are various supplementary forms that must be submitted in addition to the employment declaration in certain situations. These are the following documents:
Supplementary sheet A: Declaration on employment relationship in recognition procedures
Supplementary sheet B: Declaration of employment relationship in the case of postings
Supplementary sheet C: Declaration of employment relationship for professional drivers
Supplementary sheet D: Declaration of employment relationship for short-term quota-based employment
The relevant supplementary forms, like the actual employment declaration, should be completed carefully and thoughtfully, but are otherwise self-explanatory. Only the questions regarding social security in connection with secondment can be challenging. One of our VISAGUARD attorneys would be happy to advise you on this matter .
Summary of this Page
The employment declaration is a key document in the visa process for foreign skilled workers and a prerequisite for approval by the Federal Employment Agency. Employers must provide detailed information on salary, working hours, and working conditions, and add supplementary sheets in special cases. Incorrect or incomplete information can result in serious legal consequences. A structured guide to completing the form and a professional job description significantly increase the chances of success in the process and avoid queries or delays from authorities.
