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Recruiting talent from abroad

 

 

 

GSC: In some cases, a company attempts to sponsor a visa for a foreign national but the process is delayed or ultimately ends up unsuccessful. What are common factors that lead to this outcome? Are there certain mistakes that are commonly made at this stage that companies should be aware of and try to avoid?

Dr. Carola Voelkel: Depending on the type of occupation and the country of origin of foreign nationals, there are numerous provisions as part of residence and work permit laws to be observed, as is the case in nearly all countries of the world. As a basic principle, professionals from the European Economic Area (EEA, which includes EU members as well as Iceland, Liechtenstein and Norway) and from Switzerland do not need a work permit.

All other nationals (from so-called third countries) need a residence permit, which in certain cases requires the approval of the Federal Employment Agency with a priority check. This means that employment officials check whether preferential candidates (i.e., German, EU, EEA, Swiss citizens) with comparable qualifications are already available. If this is the case, a working permit for a third-country national would not be approved.

However, there are a few exceptions. Here are the two most common:

  •  Academics from third countries who have a recognized German university degree or an  equivalent degree that is comparable to a German university degree are eligible for an "EU Blue  Card." This can be obtained without the requirement of prior approval from the Federal  Employment Agency. The only requirement is that their gross salary fulfills a certain minimum  amount, which is adjusted yearly. For 2014, the gross salary is 47,600 euros per year.
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  • In the case of professionals in fields where there is a demonstrated shortage of skilled workers in Germany, a priority check is also not required. For groups that fit this category, there is a "positive list," which is avaialble at the following link in both German and English:  www.zav.de/positivliste

In no case can the working conditions for foreign workers/ employees be worse than those for comparable German workers/ employees. Furthermore, a visa should be acquired at the existing German embassy in the applicant's home country.

They check whether the position in question requires government approval. If a priority check is required, it is helpful to present the local employment agency with a detailed employment offer, which provides information on the specific conditions of employment. Once all the necessary information has been provided, the check for whether the work position can be filled by a foreign worker should be completed within two weeks.

However, it is also possible through the Central Foreign and Professional Agency (ZAV) to check in advance whether the position offered can be filled by workers from abroad. The form can be accessed here:  Form Federal Employment Agency. Checking may take place before entry, even before the selection of foreign applicants, and it can provide employers with some clarity on the matter before they actually undergo a priority check.

 

GSC: Surveys in recent years have shown that many German employers are reluctant to try to hire foreign nationals, in part because they feel like the process is too difficult. How does the Federal Employment Agency help companies navigate this system to enable them to hire the skilled workers they so greatly need? Are there any other missunderstandings about hiring foreign workers in Germany that you think should be cleared up?

Dr. Carola Voelkel: For a first assessment of recruitment possibilities, it is helpful to view the Migration Check from the Federal Employment Agency, which you can find at the following link:  Migration-Check.

Here, companies can consider in advance what the prospects of success for their planned recruiting are. For more general information on the subject, see  www.zav.de/arbeitsmarktzulassung . If you have any specific questions, our experts will be happy to help. They can be reached by calling 0228 713-2000.

Companies that want to recruit foreign workers/ employees should certainly be aware of one thing: in doing so, they assume a special responsibility. People, even from the other EU countries, are not familiar with Germany and German customs. So if you really want to recruit and retain these professionals, you should be informed of the accompanying implications: helping to find accommodations; possibly searching for the right German course; should their family come along, finding a school for the children or a language course for the spouse, as well as employment for the spouse; acquiring recognition of foreign degrees; finding sports clubs; offering further assistance outside of work; specific help with regards to shopping, purchasing an automobile, acquiring recognition of a foreign drivers license -- and much more. Providing assistance with administrative paperwork and information on the new home is also an important component.

For this purpose, many large cities as well as some smaller communities have set up "Welcome Centers" to provide materials and advice to companies. The same goes for Recognition Consultation Centers.

GSC: Thank you for this interview, Dr. Voelkel.

 

More Information: www.arbeitsagentur.de