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Work Visa, §§ 18 ff. AufenthG
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All important information from the lawyer for migration Information on applying for a work visa in Germany.
Here you learn ...
... how the visa process works
... how long the processing time for a work visa is
... Requirements for applying for a work visa
... what the first steps are after entering Germany
Author
Lawyer
Reading Time
10 Min.
Release Date
10 Min.
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Table of Content
1. How do I apply for a work visa?
1.1 Apply for a visa
1.2 Cooperation of the employer
1.3 Visa deadline
1.4 Processing time for work visa
2. Requirements for a work visa
2.1 Legal employment contract
2.2 Honest employer
2.3 Amount of salary
2.4 Professional license
2.5 Further requirements
3. Work visa Visa for skilled workers
4. Special features when applying for a skilled worker visa
4.1 Recognition of the degree for academic professionals
4.2 Recognition of qualifications for skilled workers with vocational training
4.3 Procedure for non-recognized qualifications
5. What happens after receiving the visa?
6. FAQ Work Visa Guide
1. How do I apply for a work visa? (Guide 2024)
In most cases, a work visa is required to work in Germany. Below you will find out how to apply for such a work visa for Germany .
1.1 How to apply for a visa
You must obtain a work visa in the same way as any other residence permit. You can apply for a residence permit to work at the German embassies (if you are still abroad) and at the immigration authorities (if you are already in Germany).
The application documents required for this can always be found on the website of the embassy of the respective country (see e.g. Applying for an EU Blue Card in India ; see also the list of all embassy websites of the Federal Foreign Office ). The actual application form is the VIDEX form . This must be filled in, printed out, signed and then submitted at the embassy appointment. Please note that long-term stay must be selected on the VIDEX form and that you must also sign the necessary declarations attached to the VIDEX form (e.g. declaration in accordance with Section 54 of the Residence Act). In some countries, other application forms also exist. The relevant information can be found on the embassy website.
1.2 Employer's Responsibilities in the Visa Process
In addition to the VIDEX form, you will need a number of other documents. In particular, when applying for a work visa, you will need the cooperation of your employer , who must support you in the application process (see also our VISAGUARD article for employers on human resource compliance in skilled immigration law ). Although there is no classic “sponsorship procedure” for issuing visas in Germany, employers do have certain obligations in the visa process. For example, they must fill out the so-called “ declaration of employment relationship ” (with an additional sheet if necessary), sign it and send it to the Federal Employment Agency (see Section 39 Paragraph 4 of the Residence Act ). This can be done before the visa process begins (so-called “pre-approval procedure”). The employer can also use the so-called “accelerated skilled worker procedure” to go through the visa process particularly quickly (see also our VISAGUARD guide to the accelerated skilled worker procedure in accordance with Section 81a of the Residence Act ).
1.3 What happens at the visa appointment?
As soon as all documents have been compiled in cooperation with the employer, you must apply for the visa at the relevant embassy by booking an appointment . You can do this via the official digital appointment booking system of the federal government (RK-Visa) . At the visa appointment, you must present all documents that the respective embassy requests on the website (usually in duplicate). It is advisable to have these documents checked beforehand by an expert (e.g. a lawyer specializing in immigration law ). If the documents are incomplete or incorrect, your visa application will usually be rejected and you will have to start the entire visa process from the beginning.
At the visa appointment, the embassy employee will first check that your documents are complete . If the documents are complete, he or she may have a short conversation with you. The visa interview is a short conversation in which the embassy employee checks your application for “plausibility” . This is to prevent fraud (e.g. through an employment contract from a non-existent employer) and to validate your visa application. The visa interview usually only takes a few minutes and does not cause any particular problems if all documents are complete and correct. The detailed procedure for the visa interview can be found in the “ Visa Handbook ” of the Federal Foreign Office.
1.4 Processing time of the work visa
After the visa appointment, the embassy will process the application for a work visa. The processing speed varies greatly from embassy to embassy and can vary between a few days or weeks (eg in Manila) and several months or even years (eg in Tehran). In general, it can be said that the better the documents are prepared and sorted, the faster the processing time (see our VISAGUARD guide on reducing the processing speed of visa applications ). The documents should therefore be checked before the appointment.
In principle, the embassy has three months to process the application ( Section 75 of the Administrative Court Act ). According to the German Administrative Court Act, a lawyer can file a lawsuit before the administrative courts if an application has not been processed after three months and there is no reason for the delayed processing (so-called action for failure to act, see also our VISAGUARD guide on action for failure to act in naturalization ). The embassies are aware of this, which is why they usually process applications from lawyers more quickly. In most cases, faster processing of the application can be achieved this way.
As soon as the visa has been processed and issued, you can pick it up from the embassy or have it sent to you by express . With the issued visa, you can then enter Germany, register an apartment here and apply for a residence permit. You can find more information on this in our VISAGUARD guide to applying for a residence permit .
2. Requirements for a work visa
2.1 Legal employment contract with a German company
The most important requirement for applying for a work visa is an employment contract that meets the requirements for a work permit. The contract meets the labor law requirements if the contract is legal (e.g. correct salary level ( see the Federal Employment Agency's wage atlas for salary levels ), compliance with working hours (see Section 3 of the Working Hours Act (ArbZG) , granting of the minimum required vacation days (see Section 3 of the Federal Vacation Act (BUrlG) ). It should also be noted that the employment contract was concluded with a German company (so-called "domestic employment relationship", Section 39 Paragraph 2 No. 3 of the Residence Act). Employment at a foreign company is not possible in most constellations as long as this German company does not have a German branch . Whether the employer is German can be checked in the German commercial register . If the employer does not have a branch in Germany, employment can only be considered via a German payroll provider (employer of record) . However, this is only possible in very specific constellations and is usually comparatively costly.
Contrary to popular belief, the employment contract does not have to be concluded yet. The law allows a “ specific job offer ” to be sufficient (Section 18, Paragraph 2, No. 1 of the Residence Act). The employment contract does not necessarily have to be signed if a corresponding letter from the employer is presented. In practice, however, it is advisable to submit a signed employment contract, as many clerks at embassies and immigration authorities do not have sufficient knowledge of residence law and still require a signed employment contract.
2.2 Checking the employer
The work permit is checked and issued by the Federal Employment Agency using the declaration of employment relationship . As part of the check, not only is the employment contract checked, but the employer is also checked (see Section 40 Paragraph 3 of the Residence Act). For example, the Federal Employment Agency checks whether the employer has negative entries in the “ Central Business Register ”. The Central Business Register records, for example, whether the employer has been convicted in the past of violations of social security, tax or labor law. In these cases, the Federal Employment Agency can refuse approval. A visa will then not be issued.
Approval from the Federal Employment Agency can be requested during the visa process or beforehand (so-called pre-approval process ). The pre-approval process is particularly useful if it is not yet certain whether the Federal Employment Agency will approve the employment. This way, you do not have to go through the entire visa process to check whether the Federal Employment Agency would approve. In many cases, pre-approval can also be used to speed up the visa process (see our VISAGUARD guide on speeding up visa applications ).
2.3 How high must the salary be to apply for a work visa?
The embassy and the Federal Employment Agency also check whether the salary is sufficient for a work visa. The reason for this is that, according to the law, foreigners may not be discriminated against compared to German employees for labor market policy reasons (see Section 39 Paragraph 2 No. 1 of the Residence Act ). The necessary salary varies depending on the profession and is often the subject of disputes with the embassy or the Federal Employment Agency. How high the salary must be can be found in the so-called “ salary atlas ” . The salary atlas lists the average salary for every profession in Germany. As a rule of thumb, a gross monthly salary of less than 3,000 euros is usually problematic . Even when applying for work visas for trainees, the embassy often refuses to issue a visa for this salary. In this case, it can be helpful to involve a specialist lawyer in immigration law in order to appeal the rejection and, in cooperation with the employer, to still obtain the visa applied for.
With regard to salary, it should also be noted that increased requirements apply if the applicant is older than 45 years (see Section 18 Paragraph 2 No. 5 of the Residence Act). In this case, the law requires that the gross monthly salary is at least approximately 4,000 euros. This is intended to prevent applicants from falling into poverty in old age. If the salary is lower, part of the salary can therefore be replaced by an appropriate pension.
2.4 Professional license
There are a number of other requirements, although these are not a problem for most applicants. For example, certain professions (e.g. doctors, lawyers and engineers) require a so-called professional practice permit (see Section 18 Paragraph 2 No. 3 of the Residence Act). This is always required if the profession is "regulated" . You can find out whether the profession in question is regulated in Germany on the BERUFENET website of the Federal Employment Agency.
2.5 Further requirements
Another general requirement for the issuance of a work visa is that the applicant has not previously applied for humanitarian protection in the EU. This is particularly problematic for applicants from Ukraine, as they were often automatically granted such a residence permit in accordance with Section 24 of the Residence Act (so-called mass influx directive) after the outbreak of war with Russia. There is controversy in legal circles about the consequences this has when applying for a work visa.
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3. Visa for skilled workers (requirements)
In addition to the "general" requirements for issuing a visa, the so-called "special" requirements for issuing a work visa must also be met (see §§ 18 ff. AufenthG). While the general requirements apply to all types of work visa, the special requirements vary depending on the type of visa applied for (e.g. EU Blue Card or visa for IT specialists).
For further information, please see our respective VISAGUARD guides (see e.g. VISAGUARD guide to applying for an EU Blue Card ).
From a legal perspective, there are certainly around 100 different reasons for a work visa (e.g. see the list of purposes of residence in BeckOK AuslR/Maor, 42nd Ed. 1.7.2024, Residence Act). In practice, however, the following purposes of residence are mainly relevant:
EU Blue Card and academic professionals,
Visa for qualified professionals with vocational training (especially IT professionals),
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A complete list of all purposes of residence can be found in the appendix to the Ordinance Implementing the Law on the Central Register of Foreigners ( AZRG Implementation Ordinance - AZRG-DV ).
If you have any further questions about applying for a skilled worker visa, one of our independent VISAGUARD lawyers will be happy to assist you.
4. Special features when applying for a skilled worker visa
Applying for a skilled worker visa requires special care, especially with regard to the recognition of professional or academic qualifications. According to Section 18 Paragraph 2 No. 4 of the Residence Act, skilled workers must prove that their qualifications are recognized in Germany . This proof is a key requirement for the visa to be issued and is required of both academic professionals and people with professional training. The most important steps and special features when applying for a skilled worker visa are described below.
4.1 Recognition of the degree for academic professionals
Recognition for academic professionals can be checked via the so-called ANABIN database . ANABIN (recognition and evaluation of foreign educational qualifications) offers a comprehensive database that evaluates universities and degree programs according to their recognition in Germany. The corresponding proof from ANABIN must be presented to the responsible German embassy when applying for a visa. It is important that both the educational institution (e.g. the university) and the training program (e.g. the degree program) are classified as "equivalent" or "comparable". Contrary to a widespread misconception, the combination of university and degree does not have to be recognized . It is therefore sufficient if your degree was obtained from another university in the country, as long as both universities are recognized. Direct access to the ANABIN database is possible via this link to ANABIN .
If your academic degree is not entered in the ANABIN database, you must complete a so-called "certificate evaluation" at the Central Office for Foreign Education (ZAB) before (or in parallel with) the visa process. The documents that must be submitted for the certificate evaluation always vary depending on the country in which the degree was obtained. The ZAB provides the relevant document lists for each country (see the ZAB's online preliminary check ). If in doubt, a lawyer specializing in visa law can advise you on this.
4.2 Recognition of qualifications for skilled workers with vocational training
Skilled workers with vocational training must also provide proof of recognition. In the case of foreign vocational training, this is done through the " Digital information on professional qualifications " , which can be requested from the Central Office for Foreign Education (ZAB). This information confirms whether the professional qualification is recognized in the home country. This proof must also be submitted when applying for the visa if it is required for the respective visa type (e.g. Section 6 of the Employment Ordinance).
For vocational training acquired in Germany, no proof of equivalence needs to be submitted when applying for a residence permit.
4.3 Procedure for non-recognized qualifications
If the qualification is not recognized in Germany, skilled workers must submit an application for equivalence . This process checks whether the qualification is fully or partially equivalent. If a so-called deficit notice is issued, which shows gaps in the qualification, appropriate adaptation measures such as qualification courses must be completed in order to achieve recognition. The visa can then be applied for with the deficit notice (but then as a deficit notice visa and not directly as a skilled worker visa). You can find more information on this in our VISAGUARD article on applying for a deficit notice in nursing ).
5. What happens after receiving the visa?
After you have received your work visa for Germany, there are some important steps you should follow to ensure a smooth start to your new life.
First of all, it is essential to check the visa issued carefully . In particular, the passport numbers on your visa should match those in your passport. Errors in the information could lead to problems when entering the country or later visits to the authorities.
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Do you have Questions about your Visa-Case?
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After your arrival in Germany, you are legally required to register with the local registration authority (e.g. at the town hall) within two weeks . This is regulated by Section 17 of the Federal Registration Act (BMG). Registering your apartment is a prerequisite for many further steps, such as opening a bank account, as you will need the registration certificate for other official applications.
After a certain period of time and if certain requirements are met, skilled workers can apply for a settlement permit . This unlimited residence permit offers you more security and long-term prospects in Germany (see Section 9 of the Residence Act). We have written our own VISAGUARD guides on applying for a settlement permit .
As your integration progresses and after a certain period of residence, you can finally apply for German citizenship . Naturalization is an important milestone that symbolizes the completion of your integration process and grants you all the civil rights in Germany (see Section 10 StAG). We have written our own VISAGUARD guides on applying for naturalization .
6. FAQ (Work Visa Guide)
Do the rules of the law on economic migration (Section 18 of the Residence Act) also apply to training stays?
No, the labor migration law only applies to residence permits for employment purposes in accordance with the fourth section of the Residence Act (§§ 18 ff. AufenthG).
Can I submit my application to an embassy or immigration office that is not responsible?
No, in principle you can only submit the application to the immigration office or embassy where you live.
What can I do if the embassy does not decide on my application or I cannot get an appointment?
To reduce the processing time, you can hire a lawyer .
Does my employer have to issue me an invitation letter to apply for a visa?
No, however, the employer must fill out and sign the so-called " Declaration of Employment Relationship ".
Can my employer sponsor my visa?
No, German law does not have a sponsorship system like the US.
Do I need an apartment in Germany to apply for a visa?
No, you must provide an address in your visa application, but this can also be a hotel.
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Further Information
Literature: Offer/Mävers, 2nd edition 2022, Residence Act § 18