Approval of the Federal Employment Agency

Citizens from EU and EEA Member States as well as Switzerland may take up employment in Germany without restriction in accordance with the Freedom of Movement Act. Their status is equal to domestic employees. In most cases, access to the German labour market for international skilled workers from third countries requires the approval of the Federal Employment Agency (BA).

In general, the approval is granted if the following conditions are met:

• There is a concrete job offer: the employment contract is usually accepted as proof.
• The working conditions are comparable with those of domestic employees. The assessment is carried out on the basis of the "Declaration of Employment" form.
• In the case of the EU Blue Card, the employment must be appropriate to the qualification.

As part of the visa procedure, the competent authorities will obtain the Federal Employment Agency's approval by themselves, if need be. The BA must report back to the authorities within two weeks after the request. Once this period has expired, the approval is automatically deemed to have been granted, if not stated otherwise. If a fast-track procedure for skilled workers is carried out in preparation for the visa application, the deadline is reduced to one week.

Persons who do not require the approval of the Federal Employment Agency

In certain cases, the residence title for the purpose of employment is also granted without the approval of the BA:

• Highly qualified specialists with an academic education who apply for a settlement permit (Section 18c (3) (3) of the Residence Act [AufenthG])
• Applicants of an EU Blue Card, if a minimum salary of two thirds of the annual assessment ceiling is paid in the general pension insurance scheme.