The nationality of a skilled worker determines whether he or she requires a permit to take up employment in Germany. Nationals of EU member states, the European Economic Area and Switzerland do not require a work permit; nationals of other countries (third countries) can obtain one under certain conditions.

In order for you as an employer to be able to employ foreign workers from third countries, your future employees need a visa from the foreign representation (embassy or consulate) in their country of origin or a residence permit from the local immigration authority in Germany. Both must allow them to work or train in Germany. In many cases, the Federal Employment Agency must approve the employment so that a corresponding visa or residence permit can be issued.

This is possible in various ways:

• The foreigners authority, the embassy or the consulate involve the Federal Employment Agency in an administrative procedure within the authority.
• Alternatively, you as an employer can speed up this process: you can ask the BA directly whether it will approve the employment of a foreign worker in your company (so-called advance approval).

The advance approval is valid for 6 months from the date of issue. The visa or residence permit must be issued within this period so that the Federal Employment Agency does not have to re-examine the application.