The employment of applicants who have fled Ukraine is comparatively uncomplicated.
Here you can find answers to many questions about the employment of refugees from Ukraine.
Can I recruit an applicant originating Ukraine?
- Yes, if the applicant possesses a work permit for Germany. Such permit can be granted by issuing a residence permit or visa.
- In case the applicant does not possess a residence permit including a work permit yet, it should be applied for at the responsible immigration authority as quickly as possible. Due to the current situation, special regulations in favour of people originating Ukraine have been established in order to facilitate and accelerate the granting process of residence and work permits. Therefore, it can be expected that Ukrainian applicants can pick up their work for you rather early.
How do I know if the applicant possesses a sufficient work permit?
- As a general rule, the residence permit is issued in form of a card (comparable with an ID). It usually contains either the annotation “employment granted” or “occupation granted” or a supplementary sheet (a green sheet) that discloses the permitted form of employment.
- In case the applicant originating Ukraine has been granted a residence permit in accordance with § 24 AufenthG (for temporary protection), it can be currently expected that such an annotation can be found in the residence permit itself.
- The issuing or rather production of the physical cards usually takes more time than the actual granting of the residence and work permits themselves. That’s why the foreign citizen is issued a writing for the interim period by the responsible immigration authority which certifies the existence of the residence and work permit. You should definitely let this writing be presented to you. Is the employment / occupation granted in this writing you can employ the Ukrainian applicant even if he cannot present a card yet.
- Since it can be expected in the following time that a lot of people coming from Ukraine will apply for a residence permit, the issuing of such cards will take far more time. This is not a problem provided that the employment / occupation itself is granted.
- In case the applicant has only applied for a residence permit in accordance with § 24 AufenthG, he generally receives a fictional attestation which certifies the application for a residence permit. This attestation only does not automatically permit the Ukrainian applicant to work in Germany (see the question below).
- If you are uncertain whether the applicant possesses a sufficient work permit or not, please do not hesitate to approach us or the responsible immigration authority.
The applicant has not been granted a residence permit in accordance with § 24 AufenthG in form of a card or writing yet, which explicitly states that the residence permit has been issued. He only possesses a fictional attestation. Is the applicant permitted to work with it?
- A fictional attestation is – as already described – a letter of confirmation about the fact that the residence permit has already been applied for. This letter of confirmation counts as a “temporary” residence permit until the actual one can be issued and handed over.
- In case the applicant has received a fictional attestation in which the occupation is NOT noted as generally granted, please contact the responsible immigration authority and inform them about your plan to recruit the applicant as well as asking for already granting the employment within the ongoing application process. You can find a template for the relevant writing here. Afterwards, the relevant work permit can be issued as part of the fictional attestation. If possible, you should present a copy of the specific work offer.
- In case the applicant has received a fictional attestation in which the occupation is noted as generally granted (e.g. with the annotation “employment granted” or “occupation granted”), please check whether the fictional attestation only grants a specific occupation (this piece of information is explicitly contained in the writing, e.g. “employment granted, but only as painter at Master Painter Müller GmbH”).
- Even if it can be assumed that the employment as part of the residence permit is generally granted in accordance with § 24 AufenthG without the presentation of a specific working offer, there is no disadvantage for the applicant in presenting a copy of the working offer to the responsible immigration authority before the actual residence permit is granted (e.g. when applying).
How can I support the applicant in the application process for a residence permit including a work permit?
- For immigrants originating Ukraine the application for a residence permit in accordance with § 24 AufenthG (for temporary protection) is currently recommended. For you, as an employer, it is beneficial as you can expect the work permit to be granted in a simplified process.
- In case the applicant originating Ukraine has not applied for a residence permit yet, you can support him by informing the responsible immigration authority in a writing, stating that you would like to employ this applicant and expect the requirements of § 24 AufenthG to be fulfilled. You can find a template for such a writing here.
Which is the responsible immigration authority?
- Responsible is the immigration authority in the city in which the applicant originating Ukraine has his permanent residence in Germany – which means the city where he will stay and / or live for at least several weeks or months.
- You can research the responsible immigration authority here: https://bamf-navi.bamf.de/de/Themen/Behoerden/
Is the applicant also allowed to apply for another residence permit including the relevant work permit when all requirements are fulfilled? For example, a special residence permit for admission of a dependent employment such as a Blue Card EU?
Yes. It is possible to apply for a certain residence permit for a specific purpose which also grants the employment. It can be assumed though that issuing that residence permit will take more time than issuing the residence permit in accordance with § 24 AufenthG (for temporary protection).
The applicant can also possess two residence permits simultaneously. For example, a residence permit in accordance with § 24 AufenthG as well as additionally:
- Residence for the purpose of education (§§ 16-17 AufenthG),
- Residence for the purpose of employment (§§ 18 ff. AufenthG),
- Blue Card for academic professionals (§ 18b AufenthG).
Please note in that context: Granting the residence permit to these purposes is each bound to its own requirements.
- If you want to employ a qualified professional, Who possesses a German, an accepted foreign (university) degree or a foreign (university) degree comparable with a German degree,
- Whose qualification (degree) is required for the job position in question and
- Who is supposed to earn a gross annual salary of at least 56.400 Euros (in the year 2022), the application for a Blue Card EU (§ 18b AufenthG) is recommended since it is granted in a simplified process.
When employing in the working fields mathematics, informatics, natural sciences, engineering and human medicine a decreased gross annual salary of at least 43.992 Euro (in the year 2022) is accepted. The Federal Labour Office has to approve the employment though. Information about the equivalence and recognition of foreign (university) degrees can be found here: https://www.make-it-in-germany.com/de/arbeiten-in-deutschland/anerkennung/wer-benoetigt.
What obligations do I have as an employer above that when I want to employ a foreign applicant?
- It is necessary to add a copy of the work permit (in paper form or electronic form) to the personnel file.
- As an employer, you are generally obliged to inform the responsible immigration authority within four weeks from knowledge that the employment, for which the residence permit has been granted, has been terminated prematurely. This rule does not apply for a residence permit in accordance with § 24 AufenthG for temporary protection, but rather then, when your Ukraine originating employee possesses another kind of residence permit.
Whom should I approach if the Ukrainian applicant or I have additional questions?
Further very helpful information can be found here:
- https://www.bmi.bund.de/SharedDocs/faqs/DE/themen/ministerium/ukraine-krieg/faq-ukraine-artikel.html (in German, English or Ukrainian language)
- https://www.bamf.de/DE/Themen/AsylFluechtlingsschutz/ResettlementRelocation/InformationenEinreiseUkraine/informationen-einreise-ukraine-node.html (in German, English or Ukrainian language)
- https://www.immigration4ukraine.eu (in German, English or Ukrainian language)
If you have further questions please contact us any time.