Minimum salary for foreign skilled workers
Information from the lawyer on the salary atlas and the minimum salary for foreign skilled workers.
Here you learn ...
what the minimum salary is for foreign skilled workers
how the minimum salary for foreign skilled workers is determined
how the wage atlas works and what exceptions there are
what you can do if you are rejected because of a low salary
Table of Content
1. Minimum salary for foreign skilled workers
2. Residence permit income
3. Wage Atlas of the Federal Employment Agency
4. Minimum salary approval of the Federal Employment Agency
5. Conclusion Minimum salary for foreign skilled workers
1. Minimum salary for foreign skilled workers
The minimum salary for foreign skilled workers plays a crucial role in labor migration to Germany. Employers must ensure that the salary of foreign workers complies with legal requirements in order to obtain a work and residence permit . In this article, you'll learn all about the current regulations, exceptions, and important practical tips for employers and HR managers.
Why is there a minimum salary for foreign skilled workers?
According to German residence law, a work visa and a residence permit for employment purposes may only be issued if the foreign national is not employed under less favorable working conditions than comparable domestic workers ( Section 39, Paragraph 2, Sentence 1, No. 1 of the Residence Act ). The minimum wage serves to prevent wage dumping and ensure that international skilled workers are not employed below the typical wage level for the industry. At the same time, it protects the German labor market and guarantees that immigration is systematically controlled.
2. Residence permit income
For some residence permits, the legally required wage is already generally established for entire occupational groups. This applies to the following cases:
Large Blue Card EU (§ 18g Residence Act) : 48,300 euros
Small Blue Card EU (§ 18g Residence Act) : 43,759.80 euros
Employment with practical professional experience (Section 6 of the Employment Ordinance): 43,470 euros
Employment of skilled workers over 45 years of age (Section 18 (2) No. 5 Residence Act): 49,830 euros
Western Balkans regulation, among others, over 45 years (Section 1 (2) Employment Ordinance) : 49,830 euros
However, it should be noted that salary brackets change slightly each year . The salaries listed can therefore only serve as a rough guide.
However, in all other cases of skilled immigration and labor migration (not listed above), the salary is not fixed . In these cases, the salary must be researched separately in the so-called "Employment Atlas" of the Federal Employment Agency. This is particularly relevant for skilled workers with vocational training (Section 18a of the Residence Act) or skilled workers with academic training (Section 18b of the Residence Act) .
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? We are happy to support you in residence procedures before embassies, immigration authorities and administrative courts.
Contact us to book a video call consultation with a German immigration lawyer!
VISAGUARD.Berlin Legal Services
3. Wage Atlas of the Federal Employment Agency
The Federal Employment Agency's Wage Atlas is an indispensable tool for employees, employers, and human resources managers who want to learn about average wage levels in Germany . This online tool provides detailed wage and salary data for numerous occupations and industries, based on current employment relationships subject to social insurance contributions. The Wage Atlas is a freely accessible database that presents the median (gross) wages for various occupational groups. The data is updated annually and is based on company reports to the social insurance system.
Using the Salary Atlas is easy and free. On the Federal Employment Agency's website, you can enter the desired occupation or industry, and a clear overview of salary data will appear. Filter functions allow you to customize your search results by qualification, age, or federal state.
4. Minimum salary approval of the Federal Employment Agency
To obtain approval from the Federal Employment Agency for an employment-based residence permit, the minimum salary according to the wage atlas must be met (exceptions may apply for new entrants to the workforce). If the minimum salary is not met, the Federal Employment Agency will most likely reject the application due to less favorable working conditions compared to domestic workers (Section 39 (2) Sentence 1 No. 1, Paragraph 3 No. 1 of the Residence Act). Without the appropriate approval from the Federal Employment Agency, the visa or residence permit cannot be issued.
There are various options to avoid rejection due to insufficient salary. The obvious first step is to increase the salary . If this is not an option, the job description in the employment contract should be adjusted to a profession that has a lower average salary according to the wage atlas. This is of course only possible if another suitable reference profession (with a lower salary) is available. If this is also not an option, working hours can still be reduced . In this respect, less favorable treatment compared to domestic employees can also be avoided if the salary remains the same but the weekly working hours are simply reduced.
Summary of this Page
The minimum salary for foreign skilled workers is a key criterion for labor migration to Germany and a prerequisite for obtaining a work visa or residence permit. Employers must ensure that salaries comply with the Federal Employment Agency's salary atlas to obtain approval from the Federal Employment Agency and prevent wage dumping. The revised salary limits for the EU Blue Card and other residence permits are particularly relevant in this regard. An annual review of salary levels is essential for HR managers and companies to ensure the legality of employing international skilled workers and prevent visa applications from being rejected.
