How to hire a non-EU citizen in Germany
Germany's economy is facing increasing pressure, as every second company reports that the labor shortage, known in German as 'Fachkräftemangel', is one of its most significant challenges. Economists predict that this problem is likely to persist in the coming years or even decades. Many open positions remain unfilled, prompting German companies to increasingly seek talent from other countries.
However, due to rising living standards within the EU in recent years, employers are finding it necessary to explore options beyond the European Union. Popular countries from which many German companies hire include India, the UK, the US, Nigeria, Pakistan, Iran, and Argentina.
Despite these recent changes, many employers remain hesitant for one primary reason: they often do not understand the requirements when hiring from abroad and are concerned about the bureaucratic burden.
In this article, you will find everything you need to know before hiring a foreigner.
What options are available?
Let's say you've found a developer in India who possesses the necessary skills you cannot find in Germany.
In general, there are two options available: you can either hire and relocate them to Germany or have them work in their home country. If you prefer the second option but do not have a legal entity abroad, you can hire them through a third-party company. The third-party company will be their official employer and ensure compliance with the country's regulations.
Relocating to Germany
Many highly educated individuals appreciate the opportunity to work abroad. Working abroad offers a unique experience that enables them to acquire new skills, improve intercultural competence, and learn a new language.
If you want to relocate a person to Germany, they must apply for a work visa before starting their job. The most common types of work visas include the work visa for highly qualified workers (also known as the blue card), work visa for qualified workers, IT skilled visa, and ICT card. We have described the most common categories on our website.
To apply for a work visa, a valid work contract is necessary. If you are not sure about the starting date, simply specify a time frame and mention that a requirement to start the job is a valid visa.
How long will the visa process take?
The timeline depends on various factors. If you hire a relocation company to handle the process, it should take between 2-4 months. If you have never hired from abroad, it may take longer, depending on the individual's location and your ability to gather the required documents.
How to apply for a work visa?
In general, there are two ways to relocate a person from abroad to Germany. The person can either apply for a visa directly at the German embassy abroad, which we call the 'regular procedure,' or the person can apply via the so-called accelerated procedure (beschleunigtes Fachkräfteverfahren). If you choose the accelerated procedure, the person submits the visa application at the local German foreigners' office.
There are a few nationalities that may apply for their work visa directly in Germany after relocating to Germany on a Schengen visa. However, we recommend applying through an embassy abroad if possible.
Choosing the correct procedure for relocating staff to Germany is absolutely crucial for shortening the application time. The accelerated procedure might sound good, but in many cases, it is actually a lot slower and more tiresome. We recommend reading our article regarding the different procedures.
Do I need to pay a certain wage?
Unless the individual insists on receiving a blue card or IT skilled visa, there is no specific wage requirement. However, you should ensure that the person you wish to hire is treated as 'equal to a German person.' This means that their education should match their job title, salary, and other working conditions.
This is particularly important if you are paying below the blue card threshold, which is currently €45,300 (2024) for regular jobs and €41,042 for bottleneck professions such as STEM positions. If you pay below this threshold, the employment agency ('Bundesagentur für Arbeit') will become involved and assess the fairness of the conditions. We recommend consulting the 'Entgeldatlas' and paying at least the average salary for the job position.
What other factors increase the chances of getting a visa?
Unless you pay above the blue card salary threshold, the visa application can (but often isn’t) be rejected if it is possible to find an EU citizen for the same position. Therefore, the chances of receiving the visa are higher when hiring for a shortage occupation. You can identify these positions by consulting the 'Engpassliste' conducted by the employment agency. In general, Germany has shortages in STEM (Science, Technology, Engineering, Math) positions, the healthcare sector, elderly care, and hospitality.
How likely is it that the visa application gets approved?
We believe that the chances of receiving a work visa for Germany are high. Less than 1% of our requests last year were rejected, and in most cases, the issue was related to the salary being slightly below the average wage. Typically, the government would reach out to the employer to request an increase in salary rather than outright rejection. Because chances are very good, even when in doubt, we recommend giving it a try.
In cities like Munich, with very low unemployment rates, we observed almost no rejections, even for positions that could have been filled by an EU citizen or had lower salaries compared to the Entgeldatlass due to being entry-level positions.
Does the visa need to be renewed?
The work visa must be renewed every 2-4 years, depending on the visa category.
Can the person bring a spouse and children?
Spouses and children are allowed to join as well. This is also true for same-sex couples if they have a certificate confirming their marriage or partnership. The spouse of the non-working partner is usually allowed to work in any industry or job, provided they possess a spouse visa, and it is marked as 'unselbstständige Beschäftigung erlaubt' on their visa or residence permit.
What happens if the work contract gets terminated?
If you terminate a work contract for a foreigner, you should inform the local foreigners' office about it by sending an email explaining the termination. The person who was let go will be allowed to stay in Germany for a period of 3-12 months to look for another job, and the specific time frame depends on various factors. It's advisable to speak directly with the foreigners' office for guidance."
You work in HR and are curious to learn more?
Visit us at the Zukunft Personal Süd in Stuttgart on March 5th and 6th, 2024! Zukunft Personal Süd is the industry meeting place for HR management in southern Germany. The event focuses on the trends of the working world of today and tomorrow.
You’ll find us here:
Hall 1
Booth A.32-13
Get your ticket for free here with our discount code JETZTPAT24.
Looking forward to seeing you!
Christine is a co-founder of Jetztpat. She was raised in the so-called Schwabenländle but fell in love with travelling to random places very early in life. After living in Japan and Taiwan for several years, she finally went back home to stay in the German beer capital (where she survives by drinking wine). If she is not watching her favorite Japanese Netflix show aggretsuko, you can find her Googling answers to the real questions in life.