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Au Pair Visa, § 12 Employment Ord.

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All important information and guide for host families and au pairs on applying for an au pair visa in Germany

HERE YOU LEARN ...

... what an au pair is and how to apply for an au pair visa

... which documents you need to submit for an Au Pair visa

... which au pair placement agencies are reputable and how you can find a reputable au pair placement agency

... what the au pair contract must look like and what working conditions apply to au pairs

Written by: 

Attorney

Publication date:

17.12.2023

Reading time

12 mins

1. Au Pair in Germany
1.1 What is an au pair?

Au-pair comes from French and means "reciprocal". The au-pair visa is intended to enable young foreign people to learn the German language and get to know German culture in return for small services within a German family. In return, they receive a small fee (pocket money) and are provided with free food and accommodation . In return, au-pairs carry out tasks such as:


  • Childcare (e.g. supervision and play),

  • Help with housework (e.g. washing clothes),

  • Preparing meals.


The au pair stay can only take place in families that have one child. Married couples without children cannot therefore employ an au pair (instructions of the Federal Employment Agency on Section 12 of the Employment Ordinance).

1.2 Purpose of stay for the Au Pair Visa

The Au Pair Visa is basically intended to enable the Au Pair to get to know German culture and the German language. The Au Pair must, for example, have the opportunity to take part in a German course . To do this, the host family must contribute to the costs of the relevant course with an amount of 70 euros per month. For a stay of 12 months, the total costs for a German course for the host family are 840 euros.

2. Au Pair Germany Requirements

In order to apply for an au pair visa for Germany, various requirements must be met. These have been set by the national legislator. There is also a " European Agreement on Au Pair Employment " passed by the Council of Europe in 1969, which contains framework regulations on living and working conditions, language instruction, social security and the rights and obligations of the host family and the au pair. However, this agreement has not been confirmed by the Federal Republic of Germany and therefore has no legal status here. Nevertheless, the German authorities (embassies and immigration authorities) partly base their requirements for au pair visas in Germany on this agreement.

In order to obtain an Au Pair Visa, the following requirements must be met according to Section 12 BeschV :


  • The au pair must be between 18 and 27 years old,

  • German is spoken in the family with child,

  • the au pair has basic knowledge of the German language (A1),

  • the au pair must not be related to a family member (no circumvention of family reunification regulations).


In addition to these requirements, there are also numerous formal regulations that must be observed in order to employ an au pair. These are described below.

Our cooperating independent lawyers for German visa law will be happy to assist you. Send us an e-mail, use the contact form or use our chat to book an initial consultation - our experts will respond immediately!

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3. Application process Au-Pair Visa Germany

To apply for an au pair visa, numerous documents must be submitted to the Federal Employment Agency, the embassy and the immigration authorities .


3.1 Necessary documents Au-Pair Visa

Which documents need to be submitted to apply for an au pair visa depends on the country in which the au pair visa for Germany is applied for. You can usually find the relevant information on the website of your country's embassy.


For example, if you apply for a visa as an au pair for Germany in Georgia , the following documents must be submitted:


  • Au Pair Visa Application Form,

  • Passport,

  • biometric photo,

  • Au-pair contract with the host family

  • Questionnaire of the Federal Employment Agency for Au-Pair host families,

  • Copy of the passport or identity card of the parents in the host family,

  • Letter of motivation (au pair),

  • CV in tabular form,

  • Proof of language skills A1 (e.g. language certificate),

  • Proof of educational qualifications (e.g. school or university),

  • Travel health insurance.


The embassy or immigration authorities may request additional documents in individual cases if the clerk considers this necessary.

3.2 Au Pair Contract

According to the instructions of the Federal Employment Agency, the necessary au pair contract must contain at least the following components :

  • Name of the contracting parties (i.e. au pair and host family),
    Start, duration and end of the contract,

  • mutual obligations of the host parents and the au pair,

  • Clause on payment of pocket money of EUR 280 per month,

  • Obligation of the host parents to ensure the participation of the au pair in

  • to support German language courses with EUR 50 per month,

  • Obligation of the host parents to insure the au pair at the expense of the host parents in the event of illness, pregnancy and birth as well as an accident,

  • Working hours agreement (max. 6 per day and 30 hours per week, min. 2 working days holiday per month).


The Federal Employment Agency provides a fillable template for an au pair contract in Germany as a PDF . It is advisable to use this template, as it is usually accepted by embassies and immigration authorities. However, its use is not mandatory.


3.3 Questionnaire Host Family Au Pair Germany

In addition to the employment contract, the host family must submit the so-called host family questionnaire to the embassy. The questionnaire is intended to enable the host family to be checked in order to protect the au pair . The host family questionnaire in the case of an au pair visa can be downloaded from the Federal Employment Agency as a fillable PDF form.


3.4 Working conditions Au-Pair Germany (salary, vacation, insurance)

Certain working conditions also apply to au pairs in Germany. The most frequently asked questions about working conditions for au pairs in Germany are answered in the following FAQ.


3.5 Processing time for Au Pair Visa

The processing time for au pair visas varies from country to country. In principle, German authorities must process applications (including visa applications) within 3 months (§ 75 VwGO). After the 3 months have expired, you can file a lawsuit for failure to act. We have written a separate VISAGUARD article on this, which shows you the options for speeding up visa applications .


Regardless of the standard processing time, au pair visas are usually processed faster than other visa applications. In Tbilisi/Georgia , for example, the processing time is around 6 - 8 weeks, according to the embassy.

4. Placement of au pairs and quality seal

Neither the host family nor the au pair are obliged to establish contact through an agency. Nevertheless, these agencies are regularly used because they significantly reduce the organizational effort . The agencies are also available to help both the host family and the au pair if problems arise.


Au pair placement agencies should, however , be chosen carefully . In order to guarantee a high quality of au pair placement in Germany, the Bundestag, in cooperation with the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ), has created a seal of quality in which common quality standards were developed together with around 200 au pair agencies. The so-called “ Gütegemeinschaft Au pair eV ” was founded for this purpose. This quality association issues the RAL quality mark “Au pair” (see picture on the right), which is registered with the German Patent and Trademark Office and published in the Federal Gazette. In total, around 50 au pair agencies bear the quality mark.

The agency finder of the Au pair quality association can be used to find reliable agencies for the placement of au pairs . In Berlin, for example, the agency “au-pair-berlin” is widely used (not an affiliate link).


What does the placement of au pairs cost for the au pair?
According to the common standards of the quality association, au pair agencies should charge a maximum of EUR 150 (including VAT) from au pairs. The fee is only payable once the au pair contract has been concluded with the host family.

5. Integration opportunities for au pairs

The law assumes that au pairs are in Germany to get to know the local culture. Whether this is the case, whether au pairs are only used as workers, is often the subject of official disputes.


To ensure successful integration (and thus to meet the visa purpose), au pairs can do the following:

1. Improve your language skills: One of the most effective ways to settle in Germany quickly is to learn the German language. Many families support their au pairs by offering or financing language courses. Regular communication with the host family and attending language courses help to quickly improve your language skills.


2. Make social contacts: In order to feel comfortable in a new environment, it is important to make friends. Many cities offer special meetings or get-togethers for au pairs. Here they can exchange ideas with other au pairs, plan joint activities and find support in the new environment.


3. Get to know German culture: Germany has a rich culture that is worth discovering. Visits to museums, events and festivals help au pairs to better understand the country. In addition, daily life with the host family allows them to gain authentic insights into German traditions and customs.


4. Make use of leisure activities: Au pairs should make use of the leisure activities available locally. Sports clubs, music groups or voluntary work not only offer the opportunity to pursue hobbies, but also to meet new people.


5. Open communication with the host family: A good relationship with the host family is essential for successful integration. Regular discussions about expectations and needs help to ensure that both sides feel comfortable.

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Do you need advice on visa law?
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Our cooperating independent lawyers for German visa law will be happy to assist you. Send us an e-mail, use the contact form or use our chat to book an initial consultation - our experts will respond immediately!

6. FAQ (Au Pair Visa)

How often are au pairs allowed to work per week?

Au pairs in Germany are entitled to at least 1.5 rest days per week


How long are au pairs allowed to work per day?

Au pairs are generally allowed to work 6 hours a day.


How much is the pocket money/remuneration for au pairs?

According to the regulations of the Federal Employment Agency, the pocket money for au pairs is 280 euros net per month.


Do au pairs have vacation?

Yes, au pairs also have vacation. If they are employed for 12 months, a whole month's vacation must be granted. A family vacation does not count as vacation for the au pair if the au pair continues to take on family duties during this time.


How long can an au pair be employed for?

Au pair relationships must last a minimum of 6 and a maximum of 12 months. It is not possible to extend the au pair visa (even if the 12 months have not been used up).


Do au pairs have to be insured?

Yes, au pairs must have health and accident insurance. However, they are not subject to any other social security obligations.


Why does the au pair have to submit a letter of motivation to the embassy?

The purpose of the letter of motivation for au pairs is to assess the seriousness and “plausibility” of the application for an au pair visa. In this respect, the au pair visa is also often misused for permanent immigration, as some au pairs do not leave Germany even after their visa has expired. In order to avoid the embassy rejecting the application for an au pair visa, the so-called “willingness to return” (economic and social roots in the home country) should therefore be well justified in the letter of motivation.


What documents do au pairs have to submit in Berlin?

If you want to apply for a residence permit for au pairs in Berlin, the Berlin Immigration Office (LEA) provides the necessary information (requirements and documents for au pairs) on the website of the Berlin Immigration Office.


Which countries do most au pairs come from?

Most au pairs come from Georgia (10.83%), Colombia (8.41%) and Tanzania (7.10%).


Can several au pairs be employed at the same time?

Yes, according to the instructions of the Federal Employment Agency, several au pairs can be employed at the same time if four or more children live in the household.


Can au pair relationships overlap?

Several consecutive au pair relationships may overlap for a period of 4 weeks.


Can au pairs change host families?

Yes, a change of host family is possible. However, the change must be requested in advance and well justified to the authorities.


Can I only be an au pair in Germany with an au pair visa?

No, the purpose of your stay does not have to be limited exclusively to working as an au pair. In this respect, it is also possible to work as an au pair without explicit permission from the Federal Employment Agency. This is always the case if gainful employment or employment is permitted anyway. This applies, for example, to the family reunion visa and certain employment visas. With these visas, you can also work as an au pair in Germany without an au pair visa. If in doubt, you can consult a specialist lawyer for visa law.


What is the legal basis for the au pair visa?

The legal basis for the au pair visa in Germany is §§ 19c Para. 1, 18 Para. 2 No. 1, 2 AufenthG in conjunction with § 12 BeschV. § 12 BeschV.


Do au pairs from EU countries need an au pair visa?

No, au pairs from EU/EEA countries and Switzerland do not need their own au pair visa. The normal provisions on freedom of movement apply to them.


Can au pairs stay in Germany after their au pair visa has expired?

An extension of the au pair visa is generally not possible. Changing to another visa is also only possible under certain conditions. If you want to stay in Germany despite the expiry of your au pair visa, you should seek advice from a lawyer specializing in immigration law in Germany.


Where can I find help in an emergency with my au pair or as an au pair?

For emergencies involving foreign au pairs, the Federal Employment Agency has set up a telephone helpline or the Aupair Society e.V. hotline for emergencies:


Emergency hotline Telefonseelsorge: + 49 - 800 111 0 111 or + 49 - 800 111 0 222 2)

Aupair Society e.V. emergency hotline: + 49 - 800 110 287 247


These numbers are for emergency calls only.

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