Pre-approval
Requirements and process of the pre-approval procedure at the Federal Employment Agency.
German Citizenship through VISAGUARD
what the pre-approval procedure is
what types of prior consent there are
how the pre-approval procedure works at the BA
what requirements the pre-approval procedure has
Table of Content
1. Preliminary consent in the right of residence
1.1 Types of prior consent
1.2 Advantages of pre-approval
2. Preliminary approval from the Federal Employment Agency
2.1 Pre-approval form
2.2 Apply for pre-approval online
3. Preliminary approval from the immigration authorities
3.1 Obtain pre-approval from the immigration authorities
3.2 Preliminary approval of the immigration authorities for family reunification
4. Preliminary approval § 81a Residence Act
5. Conclusion Preliminary approval of the right of residence
1. Preliminary consent in the right of residence
Pre-approval plays a crucial role in skilled immigration law and makes it easier for companies and foreign workers to quickly start working in Germany. But how exactly does this process work? In this article, you'll learn everything you need to know about pre-approval.
1.1 Types of prior consent
A fundamental distinction must be made between several types of advance approval . In labor migration law, the most important is advance approval from the Federal Employment Agency. With this type of approval, all relevant employment documents are submitted to the Federal Employment Agency before the visa application is submitted, so that the agency can grant (advance) approval before the visa application is submitted. However, not only the Federal Employment Agency can grant advance approval for the visa, but also the immigration authorities ( Section 31 (3) of the Residence Ordinance ). This can be relevant, for example, in cases of family reunification.
1.2 Advantages of pre-approval
In practice, advance approval has numerous advantages regarding residence permits. Firstly, it generally speeds up the visa process, as with advance approval, the embassy does not have to obtain approval from the relevant authority during the visa process. Furthermore, embassies often make special appointments in advance approval cases, which can result in a visa appointment being obtained when no appointments are actually available. Finally, another advantage of advance approval that should not be underestimated is that it allows for a review of whether approval would be granted. If, for example , it is unclear whether the Federal Employment Agency would grant approval (e.g., if the salary is close to the permissible limit), the eligibility for approval can be reviewed in the advance approval process without having to go through the entire visa process beforehand.
2. Preliminary approval from the Federal Employment Agency
2.1 Pre-approval form
The employer or an authorized representative applies for pre-approval from the responsible employment agency . The actual application form for pre-approval from the Federal Employment Agency is the " Declaration of Employment Relationship (ECB) ." Aside from the ECB, there is no more specific document for pre-approval.
To apply for pre-approval from the Federal Employment Agency, the following documents must be submitted:
Declaration of employment relationship (ECB)
If necessary, additional sheet to the declaration of employment relationship
Job description
Employment contract or binding job offer
Proof of the specialist's qualification
Further documents may be required depending on the profession and industry
The documents must be sent by post or email to the Federal Employment Agency, which will then review the application.
2.2 Apply for pre-approval online
Pre-approval from the Federal Employment Agency can also be applied for online . The online application allows employers to submit the application digitally, thereby shortening processing times and making procedures more efficient. The online process generally works quite well and is significantly more reliable than applying for pre-approval by mail or email.
Online application process
To apply for pre-approval from the Federal Employment Agency online , you must proceed as follows:
Registration on the BA portal: Companies must register on the eService portal of the Federal Employment Agency .
Fill out the online form: Relevant information about the position, the applicant, and the working conditions must be entered digitally.
Upload documents: Required documents (employment contract, proof of qualifications, etc.) can be uploaded directly.
Submit application: After all information has been verified, the application is submitted online.
Receive feedback: The BA reviews the application and grants pre-approval – usually within a few weeks – and informs you of the outcome. You can receive the notification directly in your electronic mailbox at the Federal Employment Agency, but the notification can also be sent by mail.
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3. Pre-approval from the immigration authorities
In addition to the advance approval from the Federal Employment Agency, there is also advance approval from the immigration authorities . According to Section 31, Paragraph 3 of the Residence Ordinance, the immigration authorities may approve the issuance of a visa before the visa application is submitted to the foreign mission (advance approval), particularly in cases of a right to a residence permit, public interest, or urgent cases.
3.1 Obtain pre-approval from the immigration authorities
However, obtaining pre-approval from the immigration authorities is not as easy as applying for pre-approval from the Federal Employment Agency. Pre-approval from the immigration authorities is therefore comparatively rarer or less common . Immigration authorities often refuse to grant pre-approval unless it is explicitly required by law (e.g., in some state admission programs).
3.2 Preliminary approval of the immigration authorities for family reunification
Pre-approval is an official confirmation from the responsible immigration authority that the immigration of a foreign family member to Germany is permitted. Pre-approval from the immigration authority can be an important part of the visa process for family reunification in Germany. It can significantly speed up the process and increase the chances of a rapid visa issuance. Pre-approval can generally be submitted to the immigration authority like any other application (e.g., using the contact form). However, it should be noted that the immigration authority will pay particular attention to your means of subsistence. It is therefore important to submit the relevant documents (e.g., employment contract or pay slip). One of our lawyers will be happy to assist you if you require further information.
4. Preliminary approval § 81a Residence Act
In principle, the accelerated skilled worker procedure pursuant to Section 81a of the Residence Act also represents a form of advance approval, as the immigration authorities obtain all necessary approvals from the authorities in advance for the skilled worker. If you would like to apply for the accelerated skilled worker procedure, we refer you to our VISAGUARD guide on the accelerated skilled worker procedure .
Summary of this Page
Pre-approval is a key instrument in skilled immigration law and significantly accelerates the issuance of visas for foreign skilled workers and their families. Pre-approval from the Federal Employment Agency, in particular, allows companies to review employment conditions early on and ensures planning security. The immigration authorities can also approve applications for family reunification or in urgent cases, thus significantly shortening the process. For employers, the Federal Employment Agency's online application process offers an efficient and digital route. Furthermore, the accelerated skilled worker application process (Section 81a of the Residence Act) is a special form of pre-approval and is recommended for the rapid and legally secure recruitment of international skilled workers.
