Hiring Foreign Skilled Workers in Germany — Legal Advisory for Employers
Employers hiring non-EU skilled workers must check the correct residence permit, verify that the planned activity is covered, align the employment contract with immigration requirements, and since 1 January 2026 comply with the § 45c AufenthG information obligation. We advise at the intersection of immigration law and employment law.
Contents
What Employers Need to Clarify Before Hiring
Whether a non-EU skilled worker can be hired is not a question that arises at onboarding. The groundwork is laid earlier — in the employment contract draft, the job description, and the choice of residence permit.
Three questions must be answered before employment begins. Does the skilled worker have the right to work in Germany for the intended role — and is that covered by the existing or intended residence permit? Does the qualification match the role, and is that recognisably documented in the contract and job description? Does the Federal Employment Agency need to be involved, and if so, in which procedure?
The employment contract should not be treated as a purely labour-law document. In immigration cases, it is also evidence for salary, working time, role, workplace and the connection between qualification and position. Poorly prepared procedures can take several months longer than expected.
Which Permit Applies — Overview for Employers
The right permit depends on the skilled worker’s qualification, salary, and the employment structure. The following overview covers the main routes relevant to employers hiring from abroad.
| Permit | Legal basis | Key requirement | BA consent | Fast-track relevance |
|---|---|---|---|---|
| Skilled Worker (vocational) | § 18a AufenthG | Recognised vocational qualification | Often required; depends on constellation | Yes (§ 81a) |
| Skilled Worker (academic) | § 18b AufenthG | Recognised university degree | Often required; depends on constellation | Yes (§ 81a) |
| EU Blue Card | § 18g AufenthG | University degree + €50,700 salary (2026) | Not required at standard threshold; required in reduced-threshold cases | Yes (§ 81a) |
| ICT Card | § 19 AufenthG | Group structure + 6 months prior employment | Limited review | Not standard route |
| Recognition Partnership | § 16d AufenthG | A2 German + written employer agreement | Depends on target permit | Combinable |
Employers who are considering candidates already in Germany on the Opportunity Card should note that full employment is not permitted during the card period — only part-time work within the statutory limits. The conversion to a regular employment residence title should be planned before regular employment begins.
We assess which route fits the specific hiring situation before the procedure is initiated.
Employment Contract and Job Description as Procedural Foundation
The immigration authority and the Federal Employment Agency assess the employment proposal on the basis of the employer’s documents. The employment contract must contain full details of the role, salary, working hours, and workplace. The job description must make clear why the specific qualification of the skilled worker is required for this specific role.
Two mistakes occur regularly in practice. Variable pay components are counted toward the minimum salary thresholds — incorrectly. For the EU Blue Card, only guaranteed salary components count; bonuses, commissions, and allowances are excluded unless unconditionally guaranteed. And job descriptions are often too generic to show why a foreign qualification makes the applicant suitable. Both mistakes lead to requests for additional documents or refusal. We review employment contracts and job descriptions from an immigration law perspective before the procedure is initiated.
Federal Employment Agency — When Consent Is Required
For many non-EU employment situations, Federal Employment Agency (BA) consent is required. The FEG reform has abolished the priority review for most occupations — the BA now checks employment conditions such as salary, working hours, and working conditions against German standards.
For the EU Blue Card, BA consent is not required when the standard salary threshold is met. BA consent is required in reduced-threshold Blue Card cases. In the fast-track procedure under § 81a AufenthG, BA involvement runs in parallel with other procedural steps — the statutory window is one week. In practice, incomplete documents or inconsistent activity descriptions still cause delays even where the BA window is short.
Fast-Track Procedure — When It Helps
The fast-track procedure under § 81a AufenthG can be used for several main skilled immigration routes, including §§ 18a, 18b and 18g AufenthG, and certain other skilled employment, recognition, training or research constellations. It is employer-initiated, coordinates recognition, BA consent, and the visa procedure in parallel, and costs €411. It is not a residence permit; it is a procedural route that shortens the overall timeline where the document package is complete from the outset.
The fast-track procedure does not guarantee a specific total duration. Its value lies in the coordination of multiple authorities under shortened statutory deadlines — and in the structured, complete document package the employer submits. Further detail is on our fast-track procedure page.
§ 45c AufenthG — Employer Information Obligation Since 1 January 2026
Since 1 January 2026, § 45c AufenthG requires certain employers in Germany who conclude an employment contract with a third-country national whose residence or habitual residence is abroad, for work in Germany, to provide information, in text form, on the advisory services available under § 45b AufenthG — in particular the “Faire Integration” advisory programme — including the contact details of the nearest advisory centre. This must be provided no later than the first day of work.
The obligation does not apply to cross-border placement within the meaning of § 299 SGB III.
Even where no specific fine is currently attached to § 45c itself, employers should document compliance and integrate the notice into onboarding processes. We advise employers on embedding this obligation into existing HR compliance procedures.
Right-to-Work Checks and Notification Duties (§ 4a AufenthG)
Before employment begins, employers must check whether the residence title allows the specific employment and keep appropriate documentation for the duration of the employment relationship. Where employment for which a residence title under the employment provisions of the Residence Act was granted ends earlier than planned, the competent immigration authority may have to be notified within four weeks. These duties are separate from the § 45c information obligation and should be built into HR compliance processes from the outset.
Employer Changes, Renewals, and Role Changes
Immigration law obligations do not end with the hiring decision. Employer changes, promotions, changes in workplace, salary reductions, and termination of employment can all trigger fresh assessment obligations.
Whether a new role is covered by the existing residence permit must be checked individually — including where the role change occurs within the same company. A move from a technical to a commercial management position can be relevant for immigration purposes. Equally, a salary reduction that pushes the EU Blue Card salary below the statutory threshold can affect the continued compliance of the residence title and should be assessed before the change takes effect.
The Employment Law Interface
Immigration law and employment law are not separable in practice. A termination agreement that does not account for the immigration consequences can create significant problems for the skilled worker — and for the employer who drafted it. For employers, this is also relevant because the termination date, garden leave, salary continuation and notification duties may affect the immigration position.
Termination while a residence permit is in force can trigger deadlines within which the skilled worker must find a new employer or leave Germany. Employers should also check whether early termination triggers a notification duty to the immigration authority and whether the employee’s residence title is tied to the specific employment.
We combine immigration law employer advice with employment law advice where both areas are affected. In international employment relationships, this is the rule rather than the exception. Further detail is on our pages for employment law for employers and employment contracts.
How We Advise
Hiring foreign skilled workers requires preparation, not reaction. We assess the correct procedural route, review employment contract and job description from an immigration law perspective, and accompany employers through the full procedure — from the first assessment through to the residence permit. Where employment law questions arise in parallel, we advise across both areas from one mandate. Our firm advises in German and English; by prior arrangement also in Russian.
Advice by Alexander Kagan, Attorney at Law, admitted to the Hanseatic Bar Association Hamburg. As of: June 2026.
The contents of this page are for general information only and do not constitute legal advice. A mandate is established only upon express acceptance.
Frequently Asked Questions — Hiring Foreign Skilled Workers Germany
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Not automatically. The correct residence permit must be in place and the planned activity must be covered by it before employment begins. The permit situation must be verified before employment begins. In many cases, the employment contract or binding job offer is part of the immigration process; the contract should therefore be drafted consistently with the intended residence title and may need to reflect that employment can only start once the required permission is in place.
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It depends on the salary and qualification. The EU Blue Card (§ 18g AufenthG) requires a minimum salary (€50,700 in 2026 as a rule; €45,934.20 for shortage occupations) and leads to a settlement permit faster — after 27 months, or 21 months with B1 German. The Skilled Worker Visa (§§ 18a, 18b AufenthG) has no minimum salary threshold but has different requirements around qualification recognition. For applicants aged 45 or older, additional salary or old-age provision requirements may apply under § 18(2) no. 5 AufenthG. We assess which route fits the specific position at the outset.
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Since 1 January 2026, employers in Germany who conclude an employment contract with a third-country national whose residence or habitual residence is abroad, for work in Germany, must inform them in text form about advisory services under § 45b AufenthG — including the “Faire Integration” programme and the contact details of the nearest advisory centre — no later than the first day of work. The obligation does not apply to cross-border placement under § 299 SGB III. Employers should document compliance. Even if § 45c itself is not currently structured as a specific fine-based offence, failure to implement the obligation can create compliance and documentation risks.
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It depends on the permit type. For some titles, the skilled worker has a period after termination to find a new employer or must leave Germany. Employers should also check whether early termination triggers a notification duty to the immigration authority and whether the employee’s residence title is tied to the specific employment. Termination situations should be assessed for their immigration consequences at an early stage — particularly where a termination agreement is being negotiated.
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Not always. For the EU Blue Card, BA consent is not required when the standard salary threshold is met; it is required in reduced-threshold cases. For other permits, BA involvement is often required but focuses on employment conditions — salary, hours, working terms — rather than a priority review. The priority review for most occupations has been abolished since the FEG reform in November 2023.
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Yes. The employment contract and job description are central documents in every immigration procedure. We review both from an immigration law perspective — including salary structure, variable pay components, role description, and correspondence with the qualification — and align them with employment law requirements where needed.
Hiring Foreign Skilled Workers — Request Advice
Would you like to hire a skilled worker from abroad, check the permit situation, or prepare the procedure in a structured way? We assess the permit route, review the employment contract and job description, and advise on the full procedure and your compliance obligations as an employer.
Please outline your situation briefly. Useful details include the company, the planned role, the skilled worker’s nationality, qualification, current residence status, salary, and intended start date.
