Simplification of Permitting for Work Permits
Federal Council Approves Draft Law
The Federal Council has approved a draft law to introduce a fictive approval (“Genehmigungsfiktion”) for work permits. This means that in future, applications for work permits will be considered approved after three months if the Federal Employment Agency (BA) has not issued a decision by then. This is intended to significantly simplify and accelerate the process of obtaining work permits, especially for skilled workers from abroad.
Current Procedure
Currently, employers must apply to the BA for a work permit for foreign workers. The BA examines whether the conditions for issuing a work permit are met, in particular whether there are no suitable German or EU citizens available for the position. This process can take several months, which is often a major obstacle to filling positions quickly, especially in sectors with a shortage of skilled workers.
Planned Simplification
The planned fictive approval is intended to speed up the process considerably. In future, employers will only have to submit a notification to the BA when applying for a work permit. If the BA does not issue a decision within three months, the work permit will automatically be considered approved. This will significantly reduce the administrative burden on employers and accelerate the filling of positions.
Exceptions
However, there will be exceptions to the fictive approval. For example, the BA will continue to be able to issue a negative decision if there are overriding public interests or if the applicant does not meet the requirements for a work permit. In these cases, the employer will receive a regular decision from the BA.
Implementation
The draft law still has to be passed by the Bundestag and Bundesrat before it can come into force. The Federal Ministry of Labor expects the new regulation to take effect in mid-2024.
Evaluation
The introduction of a fictive approval for work permits is a positive step towards simplifying and accelerating the process of obtaining work permits. This will make it easier for employers to fill positions with skilled workers from abroad, which is essential for addressing the shortage of skilled workers in many sectors. However, it remains to be seen how the new regulation will be implemented in practice and whether it will actually lead to the desired acceleration of the permitting process.
Genehmigungsfiktion bei Beschäftigungserlaubnissen
The AI has provided us with the news.
I’ve asked Google Gemini the following question, and here’s its response.
Kurzmeldungen (hib) a new article on 2024-11-11 16:42 titled “Genehmigungsfiktion bei Beschäftigungserlaubnissen”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
46