Hiring and employer obligations
Questions, answers and WorkMarket.eu guides about working and living in Germany.
6 questions
- GuideHiring and employer obligations
What should HR verify before a foreign worker starts?
Check valid residence and employment authorisation, restrictions, employer or role conditions, professional permission where required, and payroll arrangements. Keep private documents in the authorised HR process; do not
WorkMarket.eu TeamSources checked 21 Oct 202621 Oct 2026 - GuideHiring and employer obligations
Can we sign an employment contract before a visa is issued?
A contract can be agreed subject to the required authorisation. State the conditional start clearly. Signing or paying recruitment costs does not give the candidate permission to begin employment.
WorkMarket.eu TeamSources checked 21 Oct 202621 Oct 2026 - GuideHiring and employer obligations
Can the employer request advance approval?
For relevant cases, an employer can seek BA advance approval to help the process. It is not the visa itself and does not authorise a person to start work without the required residence permission.
WorkMarket.eu TeamSources checked 21 Oct 202621 Oct 2026 - GuideHiring and employer obligations
What does the Federal Employment Agency check?
Many third-country employment routes require BA approval. Nationality, qualification and job type affect the assessment; approval is not required for every case. Verify the specific route and employment conditions.
WorkMarket.eu TeamSources checked 21 Oct 202621 Oct 2026 - GuideHiring and employer obligations
Does an AÜG licence give a worker immigration permission?
No. Agency licensing and the individual’s residence and work rights are separate requirements. Check both before allocating the worker to a customer site.
WorkMarket.eu TeamSources checked 21 Oct 202621 Oct 2026 - GuideHiring and employer obligations
Can every non EU candidate work through a German temporary agency?
No. Where Federal Employment Agency approval under section 39 is required, section 40 generally requires refusal for temporary agency employment. Independently authorised workers need a different analysis. Do not promise
WorkMarket.eu TeamSources checked 21 Oct 202621 Oct 2026
General information, not a decision about your individual case. Laws change — check the official source and the review date.
