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How to get a work permit?

Who currently needs a work permit or work permit in 2012 as a foreigner, i.e. as a non-German citizen, in order to be allowed to work in Germany?

EU foreigners

It is best to first ask the other way round: which foreigners do not need a work permit?

Citizens of EU member states generally do not need a work permit. The only exception is with regard to the work permit requirement for citizens of the new EU states Romania and Bulgaria until December 31, 2013.

Third country citizenship

Foreign nationals who are third-country nationals require a residence permit as a prerequisite for taking up work, which includes the approval (in the form of prior consent) from the employment agency Consent can be given by the Federal Employment Agency, unless otherwise stipulated by ordinance. Consent can be given if this is stipulated in intergovernmental agreements, by law, or by ordinance.

The immigration authorities are responsible for issuing the residence permit.

In principle, the residence permit must be applied for at the responsible diplomatic mission abroad before entering Germany. Citizens of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, and the United States of America can also obtain their residence permit from the responsible immigration authorities in Germany after entering the country. Intended employment, on the other hand, may only commence after the relevant residence permit has issue.

The Central Foreign and Specialized Placement Office (ZAV) of the Federal Employment Agency with its regional locations is responsible for issuing work permits and for the approval of the residence permit. It involved internally by the immigration authorities when the residence permits issue.

There are three prerequisites for approval from the BA for third-country nationals to take up employment:

1) A legal regulation must grant access to the German labor market.

2) There must be a concrete job offer.

3) There are no privileged employees available for the specific employment and the working conditions are comparable to those of domestic employees.

Work permit for foreigners living in Germany

The work permit for foreigners from third countries living in Germany is essentially based on the employment procedure regulations.

Applying for a visa for entry to work

A necessary visa for taking up work in Germany must apply for at the German diplomatic mission in the applicant’s home country. The application should made in good time before the intended entry into Germany. The applicant should also contact the diplomatic mission responsible for them in good time to find out about the procedure and the documents to be provided.

As a rule, a valid passport and, if the place of residence not in the applicant’s home country, a valid residence permit must present.

If you stay in Germany for more than 3 months, you will almost always need the consent of the immigration authorities responsible for your later stay. As a result, the application must forward to the locally responsible immigration authority. In the case of jobs that require approval, the immigration authorities also involve the Central Foreigners and Specialized Placement Services (ZAV) of the employment agency. It can already see that it takes a long time for the visa to issue. And only if there are no concerns about taking up employment. The diplomatic mission can issue a visa with a validity of 3 months. And the conditions communicated by the immigration authorities. If the German diplomatic mission abroad has knowledge of immigration law,

Work permit in certain cases

A work permit for foreigners from non-EU countries can be based on different facts. A distinction made between the following groups of cases:

Foreign workers without vocational training

Foreign employees with qualified professional training

Guest workers

Refusal, revocation, and expiry of the work permit

The work permit granted by the residence permit is based on the consent of the Federal Employment Agency. The latter can refuse or revoke their consent. Automatic expiry of the approval of the BA is also possible. The consequence is always that the residence permit for the foreign employee is no longer applicable.

Technical terms under immigration law

The right of residence and work permits characterize by specific legal terms relating to immigration law. These explain.

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