How much are government interns paid
Employment without a work permit
When is the Federal Employment Agency not involved when a foreigner takes up employment? When can a foreigner work in Germany without a work permit?
Citizens from EU / EEA countries and Switzerland are permitted to take up employment without the consent of the BA's Central Foreign and Specialized Placement Service (ZAV). Exceptions apply to Bulgarian and Romanian citizens until December 31, 2013.
Statutory work permit
Foreign employees who are legally entitled to work in Germany are also allowed to work in Germany without the consent of the employment agency. This applies, for example, to foreigners with a settlement permit.
Issuance of a residence title with a work permit without the consent of the employment agency
A residence permit with permission to take up employment can be issued in the following cases without the involvement and consent of the Federal Employment Agency, i.e. the BA's central foreign and specialist placement service. The German missions abroad, i.e. the embassies and consulates, are responsible for carrying out the procedure.
According to § 2 BeschV, the central foreign and specialist placement of the Federal Employment Agency is not involved when issuing a residence permit for the purpose of employment if it is a question of a internship during a stay for school training or an internship for studies that is a prescribed part of the training or study or is verifiably necessary to achieve the training objective / study objective. It must be carried out as part of a program funded by the EU, a proven international exchange program by associations and public institutions or student organizations in agreement with the Federal Employment Agency. It is also possible that specialists and executives who have received a scholarship from German public funds or EU funds (government interns) can make use of it.
Skilled workers from an internationally active group or company who are employed abroad and who spend up to three months within a period of twelve months in the domestic group or company part for the purpose of in-company training do not require the approval of the ZAV.
German schools abroad
The same applies to graduates from German schools abroad for the purpose of qualified in-company training in a state-recognized or similarly regulated training occupation.
According to Section 3 of the Employment Ordinance, highly qualified foreign employees who are granted a settlement permit do not require the approval of the BA.
According to § 4 BeschV, executives who are equipped as executive employees with general power of attorney or power of attorney as well as shareholders of trading companies and executive employees of a company also operating outside of Germany at the board, management and executive level do not need the approval of the BA for their stay.
The Employment Ordinance regulates further exceptions in which the approval of the BA is not required for a residence permit for the purpose of taking up work. The issuing of a residence title for the purpose of employment does not require the approval of the Federal Employment Agency in the following cases. No work permit from the BA in this sense is required:
Teachers, academic staff, visiting researchers, as well as engineers and technicians who belong to the research team of a visiting researcher, as well as teaching staff from public schools or state-recognized private substitute schools, see Section 5 Employment Ordinance.
Foreign employees whose temporary employment at the headquarters of the German employer is necessary in connection with the commercial representation of the company abroad or who travel abroad as part of their employment in order to carry out short-term commercial activities such as meetings or negotiations, to conclude contracts or to buy goods that are intended for export, see § 6 BeschV.
Persons who, while maintaining their habitual residence abroad, are active in the context of lectures, performances of particular scientific or artistic value, performances of a sporting nature, festivals, guest performances or music and cultural days, if the duration of the activity is not 3 months within 12 months exceeds, § 7 No. 1 and 2 Employment Ordinance.
People who only appear in daily performances up to 15 individual days a year, Section 7 No. 3 Employment Ordinance.
Professional athletes or coaches who are to be employed in German sports clubs or comparable sports facilities participating in competitive sports, if they have reached the age of 16 and the club or facility pays a gross salary that is at least 50% of the assessment ceiling for statutory pension insurance and the German umbrella association responsible for the sport, in agreement with the German Sports Confederation, confirms the athletic qualification as a professional athlete or trainer, Section 7 No. 4 Employment Ordinance.
Employees as a photo model, advertising type, mannequin or dress man, if the employer has notified the Federal Employment Agency of the employment before it is started, Section 7 No. 5 Employment Ordinance.
Journalists, correspondents or reporters or journalists recognized by the Press and Information Office of the Federal Government who do not work for a foreign employer in the federal territory for more than three months within twelve months, Section 8 Employment Ordinance.
People who take part in a voluntary service that is regulated by law or based on an EU program (e.g. voluntary social year, federal voluntary service) or who are primarily employed for charitable or religious reasons, Section 9 Employment Ordinance.
Students and schoolchildren on vacation
Students and pupils from foreign universities and technical colleges to take up vacation employment for up to 3 months within a period of 12 months if the employment has been arranged by the Federal Employment Agency, Section 10 Employment Ordinance.
Persons who are posted to Germany by their employer based abroad for up to three months within a period of twelve months in order to
- to set up and assemble machines, systems and programs for electronic data processing that are used for commercial purposes and which have been ordered from the employer, to instruct them in their operation, to maintain or to repair them,
- to accept purchased machines, systems and other items or to be instructed in their operation,
- to dismantle acquired, used equipment for the purpose of reconstruction in the employer's country of domicile,
- to set up, dismantle and look after the company's own exhibition stands or exhibition stands for a foreign company that is based in the employer's country of domicile, or
- To complete an operations course within the framework of export delivery and license agreements, Section 11 Employment Ordinance.
Persons who are accredited for the preparation, participation, implementation and follow-up of international sporting events, Section 12 Employment Ordinance
Driving staff of an employer based abroad in cross-border road traffic, if
- the company is based in the territory of the EEA and the employer has been issued a driver's certificate in accordance with Regulation (EEC) No. 881/92 for its third-country drivers;
- the company is based in a third country and the vehicle is registered in the employer's country of domicile for a maximum stay of 3 months within a 12 month period;
- in cross-border regular services with buses without a driver's certificate, even if the vehicle is registered in Germany;
- in cross-border rail transport. The provisions apply regardless of whether the vehicle is registered, see § 13 Employment Ordinance.
Shipping, air transport
Persons in shipping and air traffic,
- are members of the crews of seagoing vessels in international traffic,
- who are approved as sea pilots according to the Maritime Pilot Act,
Cross-border traffic is employed as operating and service personnel on passenger ships for the necessary guest care,
- the members of the crew of aircraft of an employer based abroad, § 14 Employment Ordinance.
EEA service providers
Foreign employees who are temporarily posted to the federal territory by their employer based in the EEA or Switzerland to provide a service if they are properly employed in the company's country of domicile, Section 15 Employment Ordinance.
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