Securing the need for skilled workers is one of the greatest challenges for Germany as a business location, since demographic change will make itself more and more noticeable in almost all companies in the coming years and there is already a shortage of skilled workers.
With the Skilled Immigration Act, the federal government is encouraging the immigration of qualified specialists from abroad, especially from third countries. The Skilled Immigration Act is intended to make a significant contribution to securing the innovative power of German companies and maintaining the global competition.
A look abroad can expand the potential group of applicants and significantly increase the chances of finding and hiring a suitable employee.
Advantages of Foreign Employees
Even if the process of recruiting foreign employees is often associated with greater effort, German companies benefit greatly from foreign employees who choose to live and work in Germany. The advantages of hiring new people are obvious:
- Being able to take on more work – improving and ensuring operational efficiency
- Intercultural cooperation enriches the cooperation of the staff
- Improvement of the company image through intercultural and cosmopolitan orientation
- New perspectives and ways of thinking increase the innovation potential in the company
- Support in opening up and shaping of international markets
Visa, residence permit and work permit
The entry requirements depend on the country of origin or the nationality of the worker. There are three categories of origin: EU/EEA countries, third countries with visa-free entry and all other third countries.
Workers from EU member countries allowed to enjoy free movement of workers throughout the EU. Apart from the general registration requirement, workers from the EU area can be employed like German workers.
Workers from third countries (countries outside the EU, without corresponding intergovernmental agreements) need a visa with an employment contract or at least a binding promise of employment in order to work in Germany. The visa should be applied for at the respective diplomatic mission in your home country before you enter the country. The employee can then start work immediately after entering the country. After entering the country, the work visa must be converted into a residence permit at the responsible immigration office.
Recognition of foreign professional qualifications (applicable to third-country nationals):
Professional recognition provides companies with a transparent picture of the abilities, skills and knowledge of skilled workers with foreign professional qualifications.
Employees with an academic education (§18b AufentG)
Certificate assessment from the Central Office for Foreign Education (ZAB)
The certificate assessment is an official document that describes a foreign university qualification and certifies its professional and academic use. A ZAB certificate assessment is intended to facilitate access to the German job market with a foreign university qualification. It is only a comparative classification, but not a recognition.
Blue Card for academic professions, without the approval of the BA, if the salary is at least 52% of the annual contribution assessment limit in the general pension insurance.
Employees with vocational training (§ 20 AufenthG)
Equivalence test (non-regulated professions)
The equivalence test is a procedure for the recognition of foreign professional qualifications. The competent authorities check whether the foreign qualification is comparable with the German reference occupation.
Work permit (§ 16 d AufenthG)
(applies to academic and non-academic regulated professions)
The licence to practice a profession includes the legal authorization to practice the profession and the granting of permission to use the professional title. This applies, for example, to health and nursing professions, engineering professions, etc.
Recruitment abroad
The search for personnel abroad, language barriers during initial interviews and new terrain present employers with new challenges. When it comes to selecting personnel, it is important to find a suitable specialist and hire them with a good feeling and with full conviction.
At this point, we at Primasteps support employers with our know-how and our wide-ranging network abroad. Because our core business is the direct placement of professionals and specialists from third countries based on the Skilled Immigration Act. With our concept, we are one of the few companies on the German labor market that offer the entire range of services – starting with the pre-selection, professional recognition, visa preparation to the reception and support of the specialist in Germany. We do not offer the employer a “bulk solution”, but the concrete candidate according to their requirements. Personal advice and on-site support is a matter of course for us.
Employer obligations when employing foreign employees from third countries:
Before the start of the employment relationship:
The employer has to fulfill his duty to check and ensure that foreign employees have a valid residence permit. The company should keep a copy of the residence permit.
After termination of employment relationship:
The employer must comply with his obligation to notify and report the premature termination of the employment relationship to the immigration authorities within four weeks of becoming aware of it. Otherwise, there is a risk of high fines.
Integration
In order to develop realistic expectations among foreign employees, it is advantageous to give them a picture that is as realistic as possible of the way work is done in Germany while they are still in their home country. Therefore, a close exchange with the employer regarding the preparation for the employees to start work in Germany is of great advantage.
For professional and private matters, it makes sense to provide a permanent contact person for the migrants. Preference should be given to a contact person with the same professional, cultural and linguistic background.