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If you, as a foreign employer, wish to send foreign workers to Germany within the framework of government agreements for the performance of contracts for work and services, the Federal Employment Agency must first approve this.
This form can be submitted electronically (e.g. via a secure contact form using your user account with login via the electronic ID function or the ELSTER certificate) or handwritten and signed in paper form to the responsible authority.
Companies based in a member state of the European Union enjoy freedom to provide services. Employees of these companies who are temporarily employed in Germany to perform a contract for work do not require a work permit. This also applies to nationals of the European Economic Area and Switzerland. Employees of these companies who do not have one of these nationalities generally require a residence permit. For this, please contact the German diplomatic mission or consular post in the country of posting.
The Federal Republic of Germany has concluded intergovernmental agreements with a number of countries. These regulate the posting and employment of workers from foreign companies on the basis of contracts for work and services. Intergovernmental agreements exist with:
Employees from these countries can work in Germany for a limited period of time within the framework of fixed quotas for the execution of work contracts.
Before you as a company can employ contract workers from these countries in Germany, these workers need a residence permit that allows them to work in Germany. The Federal Employment Agency must approve the issue of a residence permit in the form of a contract worker card.
Approval of the residence permit is generally granted for the expected duration of the work required to fulfill the work contract. The maximum duration of the approval of the residence permit is generally 2 years. If the execution of the work contract takes longer than 2 years due to an unforeseeable event, the approval can be extended by up to 6 months. Approval can be granted for a maximum period of 3 years if it is clear from the outset that the specific work contract will last longer than 2 years. However, this regulation only applies to employees who are new to Germany.
Individual workers with managerial or administrative duties (such as technicians or site managers) may be granted a residence permit for a maximum period of 4 years.
Contract workers from countries with which no intergovernmental agreements exist cannot be admitted. This does not apply to contract workers from the following countries:
In order to obtain approval, you must be able to prove that the workers you wish to employ
Depending on the trade in which your company is active, special requirements may apply to the approval of the employment of foreign contract workers.
To obtain approval, you as the client should proceed as follows:
A fee is charged to the foreign employer (contractor) for the expenses incurred by the Federal Employment Agency and the customs authorities in implementing the intergovernmental agreements. The basic fee for a new application is EUR 200.00. If you wish to pay the fee by cash deposit, pay the amount to the account of the Federal Employment Agency at the Deutsche Bundesbank.
fee: 200 EUR
Vorkasse: ja
An additional fee of EUR 100.00 will be charged for a supplement. If you wish to pay the fee by cash deposit, pay the amount to the account of the Federal Employment Agency at the Deutsche Bundesbank.
fee: 100 EUR
Vorkasse: ja
In addition, there is a term fee of EUR 75.00 per employee for each month of employment or part thereof.
fee: 75 EUR
Vorkasse: ja
When applying for the first time, please always contact the International Placement Services of the Federal Employment Agency first. You will be registered there and receive an order number.
The notification of approval and fees can be
can be used as legal remedies.
The following applies to the issue of the work contract employee card: The decision made by the BA within a procedure for issuing a visa or residence permit is not an independent administrative act. It is an internal act of cooperation vis-à-vis the diplomatic mission or foreigners authority that decides on the residence title. An appeal can therefore only be lodged against the decision of the diplomatic mission or immigration authority.
A residence card or permanent residence card is issued to family members of Union citizens entitled to freedom of movement and permanent residence who are not Union citizens themselves. EU citizens can apply for a certificate.