The Key Document in Germany’s Work Visa Process: The Declaration of Employment Form (Erklärung zum Beschäftigungsverhältnis)

For non-EU citizens wishing to work in Germany, the “Erklärung zum Beschäftigungsverhältnis,” or Declaration of Employment Form, is a document of critical importance in the visa and residence permit process. This official document is completed by the employer and details the employment conditions of the foreign worker.

This document serves as a formal declaration by a potential employer in Germany that they have made a concrete job offer to a foreign individual and are committed to employing them under specific conditions. For German authorities, particularly the Federal Employment Agency (Bundesagentur für Arbeit) and the Foreigners’ Authority (Ausländerbehörde), this form is a foundational document for evaluating an application for a work-related residence permit.

What is the Purpose of the Declaration of Employment Form?

The primary purpose of this form is to allow for the verification that the position and working conditions offered to the person wishing to come to Germany for work comply with German laws and standards. Through this document, the Federal Employment Agency checks the following aspects:

• The Concreteness of the Job Offer: The form confirms that the job offer is genuine and binding.
• Fairness of Working Conditions: It is verified whether the salary, working hours, and other social benefits offered to the foreign employee are comparable to those of a German citizen in the same position. This is crucial for preventing wage dumping and poor working conditions.
• Required Qualifications: The form specifies the qualifications required for the job and whether the candidate possesses them.

What Information Does the Form Contain?

The Declaration of Employment Form includes detailed information about both the employer and the employee. It generally consists of the following sections:

• Employer Information: The company’s name, address, contact details, and the company operating number (Betriebsnummer) issued by the Federal Employment Agency.
• Employee Information: Personal details such as name, surname, date of birth, nationality, residential address, and educational background.
• Employment Details:
  • Start and End Date of Employment: Specifies whether the employment contract is for a fixed term or is permanent.
  • Place of Work: The physical address where the work will be performed.
  • Job Title and Description: A detailed description of the work to be performed.
  • Working Hours: Weekly working hours (Vollzeit/full-time, Teilzeit/part-time).
  • Salary: Gross monthly or annual salary.
  • Vacation Entitlement: The number of annual vacation days.
  • Social Security: A declaration that social security contributions will be paid.

How Does the Process Work?

1. Finding a Job: The individual finds a job in Germany and comes to an agreement with the employer.
2. Filling Out the Form: The employer accurately and completely fills out, signs, and stamps the current “Erklärung zum Beschäftigungsverhältnis” form.
3. Sending to the Applicant: The completed form is sent to the job seeker to be used for the visa application.
4. Visa Application: The applicant submits this form along with other necessary documents (employment contract, diplomas, professional qualification certificates, etc.) to the German diplomatic mission.
5. Approval Process: The diplomatic mission forwards the application and the attached Declaration of Employment Form to the relevant Foreigners’ Authority. The Foreigners’ Authority, in turn, usually requests approval from the Federal Employment Agency. The approval of the Federal Employment Agency is one of the most critical steps for the successful outcome of the visa process.

In summary, the “Erklärung zum Beschäftigungsverhältnis” is a cornerstone of the bureaucratic process for qualified professionals aiming for a career in Germany, proving the seriousness of the employer and the fairness of the offer. The correct and complete preparation of this document is vital for a fast and smooth visa and residence permit process.