Contents

Introductions

1. Information for foreign applicants

Answers to important questions

2. Information for Employers in Germany

Answers to important questions

Addresses

Checklists
 Introduction

The critical shortage of IT-specialists is one

of the main obstacles to economic growth in
Germany. Thousands of job openings in the
IT-sector and related fields cannot be filled.
Here on the domestic front, German compa-
nies and government leaders have agreed to
work together to create new training programs, internships and
new jobs in this promising sector. And for foreign IT-specialists,
we are doing our best to become a „welcome economy”.
Come to Germany to put your ideas into practice!

The procedures outlined here are practice-oriented, fast and

efficient. They were developed in a cooperative effort by the
German government and the D21 and BITKOM Initiatives. Our
common goal is to get Germany ready for the Information Age.
Come join us!

Erwin Staudt
Chairman of the Board of Management,
IBM Germany GmbH and
Chairman of Initiative D21
 Introduction

The information and communications tech-

nology sector holds more promise for the
future than any other industry. In Germany,
as in all the major industrial countries, there
is a serious shortage of IT-specialists. The
Federal Republic of Germany aims to play an
active role in the international competition for the world’s top
IT-specialists.

On March 13, 2000, the German government and the Infor-

mation and Communications-Industry agreed on a „IT-specia-
lists Temporary Relief Program”. The core elements of this pro-
gram are to grant top foreign IT-specialists access to the job
market in Germany, while at the same time launching a major
vocational and continuing education initiative for German em-
ployees and young people. To make it easier for IT-specialists
from non-EU-countries to start work in Germany, the German
government has prepared legal changes which have gone into
effect in early August, 2000.

This will benefit everyone: the German economy can quickly

satisfy its short-term personnel needs in the IT sector. Foreign
employees can find challenging, well-paid jobs – and have the
experience of living in another lovely country and getting to
know its vibrant culture. And the German population as a
whole benefits too, because this initiative will create new jobs
and train more IT-specialists here in Germany.

In this bilingual brochure, German companies and foreign job

applicants will find a checklist to help them complete all the
required formalities as easily and „painlessly” as possible.

Get informed, come on over and welcome to Germany!

Walter Riester
Federal Minister of Labor and Social Affairs
 Information for
Foreign Applicants
from Non EU-Countries
Answers to important questions

Who can come to live and work in

Germany under the „IT-specialists
Temporary Relief Program”?

IT-specialists from all non-European Union coun-

tries are welcome to apply for employment.
Nationals of EU-member states do not need a
work permit in Germany, because there is free
movement of labor within the European Union.

What type of specialists are being

recruited?

IT-specialists in the information and communi-

cations technology sector are needed – for
example, software and multi-media developers
and programmers, circuit and IT-system de-
velopers , IT-consultants, and systems, Internet,
and network specialists.

What special permits do I need?

To work for a company in Germany, you will need

a work permit and a residence permit. The first
work permit within the IT-program framework
must be applied for within three years after the
program is launched.
What qualifications do I need?

Computer specialists with university or polytech-

nic college degrees – Bachelor’s or Master’s
Degrees – in any IT-related subject, such as com-
puter science or communications engineering are
eligible. Specialists without a college degree can
only work in Germany if the employer agrees in
writing to pay an annual salary of DM 100,000 or
more, before taxes and deductions.

Where can I apply?

The Federal Employment Agency has set up an

Online Job Fair for applicants since 20 June,
2000, where you can introduce yourself and
present your curriculum vitae. Companies will
also post job openings in this online fair.
Contact: www.arbeitsamt.de.
Furthermore, the „Zentralstelle für Arbeitsver-
mittlung” (ZAV) in Bonn, which is responsible
for job placement of foreigners, can be reached
at the following e-mail address:
Bonn-ZAV.IT-Experts@arbeitsamt.de.
This and other e-mail and postal addresses may
be found at the end of this brochure.
May I also apply directly to a German
company?

Of course, you may also apply directly to a compa-

ny in Germany, for example, in reply to an ad in a
trade magazine or on the Internet. If this ad is
directed at all potential candidates without naming
any specific countries of origin, feel free to
respond. If, however, you are specifically recruited
in your home country by a newspaper ad, a com-
pany employee or a private employment agency,
you should make sure that this recruitment is
legal! Ask to see a written permit from the Federal
Employment Agency or from a state employment
office in Germany. No private employment agency
is allowed to charge you a fee to find you a job.

After I have found a job, where do I get

a work permit?

Normally, your prospective employer will apply

for a written notice of intent to issue a work
permit on your behalf at the local employment
office.

Which documents or records do I

(or does my employer) need to submit?

The only documents required are proof of a uni-

versity or technical college degree in information
or communications technology. This is not neces-
sary if the employer provides a written pledge to
pay the applicant an annual salary of DM 100,000
or more, before taxes and deductions.
What exactly does the Employment
Office check?

The Employment Office will quickly verify that

the position in question cannot be filled by a
German or EU-specialist. It will also make sure
that the applicant has the required qualifica-
tions and that the prospective employer will
provide the same salary and working conditions
for foreign specialists as for equally qualified
German specialists.

How long does it take the Employment

Office to decide whether or not to issue
a work permit?

Everything possible is being done to make these

procedures as fast and transparent as possible,
and to reduce red tape. As soon as your em-
ployer has submitted all the paperwork, the
Employment Office will make a decision within
one week. If the Employment Office provides
your employer a written notice of its intention
to issue you a work permit before you arrive in
Germany, this statement can serve as a valid
work permit for the first three months of your
employment in Germany. That way, you can go
straight to work!
What other permits and documents
do I need?

As soon as you have written notice that you will

be issued a work permit, you can go to the Ger-
man embassy or consulate in your country and
apply for an entrance visa. This visa will normally
be issued within several days. Please make sure
that your passport is still valid, and renew it if
necessary.

What other formalities do I need to take

care of after arriving in Germany?

The first thing you need to do is to register at city

hall (at the „Einwohnermeldeamt”) or at the Im-
migration Office („Ausländeramt”). At the Immi-
gration Office you must apply for a residence per-
mit. For this, you will need a written contract of
employment and your visa. Within three months
time, you need to apply for a work permit at your
local employment office, and for this you will also
need a written contract of employment and your
visa. Normally, you will be issued a work permit
and a residence permit within a few days.

How long may I live and work in Germany

within the IT-specialist program?

The work permit is issued in accordance with the

length of your employment contract, but may not
exceed five years.
What happens if I change jobs within
this five year period or if my employer
offers to extend my contract?

After the issue of a first work permit, other per-

mits may also be issued as long as they are in
line with the prerequisits of the IT-specialist
program. But the total duration of these work
permits combined may not exceed five years.
There will not be another check to see if the job
could be filled by a German or EU-specialist. The
other requirements however, for example those
concerning comparable salary, must still be met.

What type of social insurance benefits

will I have working for a German com-
pany?

When you get a job in the Federal Republic of

Germany, you must be covered by German social
insurance. As soon as you begin work, your em-
ployer must register you for health insurance,
unemployment insurance and retirement bene-
fits. In Germany, the employer pays fifty per-
cent of social insurance contributions and the
employee pays the other fifty percent. The em-
ployee’s share is deducted from his or her gross
salary, and paid into social insurance along with
the employer’s share. The employer is also ob-
liged to provide accident insurance from occu-
pational accident insurance funds; the employer
is solely responsible for paying for this accident
insurance.
How does health insurance work in
Germany?

IT-specialists with an annual salary above the

insurance liability limit (77,400 DM in the older,
western states and 63,900 DM in the new, eastern
states) do not have to be insured under Germany’s
public health insurance system. They must then,
however, acquire private health insurance. Under
certain conditions, IT-specialists may voluntarily
choose to be insured under the public system,
for example, if this is their first job. In most
cases, specialists will choose private health insu-
rance coverage.
Social insurance agreements between
Germany and other countries (for example
Hungary) may have special provisions on statu-
tory health insurance and health insurance
coverage for family members of the employee.

After I return to my home country, may I

get back any of the social insurance
contributions I paid in Germany, especi-
ally retirement contributions?

Foreign employees from countries that do not

have social insurance agreements with Germany
may request and obtain half of the retirement
contributions they paid – after a waiting period
of two years. Employees who held a job in Ger-
many for at least five years fulfill the minimum
retirement benefits requirement (for benefits
after the age of 65), and may receive retirement
benefits in their home countries.
 Foreign employees from countries that have
social insurance agreements with Germany (such
as Bulgaria, Hungary, Slovenia, Croatia, and the
Federal Republic of Yugoslavia – similar agree-
ments are being prepared with the Czech
Republic and Slovakia) may fulfill the five year
requirement by adding the time they were in-
sured in Germany (for example, 3 years) to the
time they were insured in their home country
(for example, 2 years). They may then receive
retirement benefits for the years they worked in
Germany. Some of these agreements (for exam-
ple the ones with Bulgaria, Hungary and Slovenia)
allow financial compensation for the contribu-
tions paid, usually if the employee paid retire-
ment contributions for a period of less than
60 months.

Do special conditions apply to foreign

students of information or communica-
tions technology at German universities?

No. A work permit and a residence permit may be

issued right after graduation with an IT-degree
from a German university or technical college, so
that no time is lost. This is also true if the appli-
cant is working on a doctorate or a habilitation in
Germany. If you have a job offer, apply for a work
permit at the Employment Office. You may obtain
a residence permit at the Immigration Office. Your
prospective employer will probably be glad to take
care of the work permit for you.
 May I also start my own company?

In principle, this is possible. German trade regula-

tions for starting a company do not differentiate
between Germans and foreigners. But since you
came to Germany to work as an employee, your
residence permit will include restrictions that pro-
hibit you from any form of self-employment or
comparable work. Upon request, these restrictions
may be lifted – this is decided on a case-to-case
basis. The main criteria here is that the applicant
has a solid concept for starting a company and
that the Chamber of Industry and Commerce give
the concept its seal of approval.

I have a spouse and unmarried children

under the age of 16. May I bring them
with me to Germany when I start my job?

Yes. If you have received notification that you

will be issued a work permit and you were mar-
ried before coming to Germany, you may bring
your spouse and unmarried children under 16
with you right away. During the visa process, you
must also provide proof that you will have ade-
quate housing in Germany for a family. If you do
not have adequate housing available before your
arrival, you may send for your family once you
have found a suitable place to live. In this case,
please contact your local Immigration Office.
One year after arriving in Germany, your spouse
will be eligible for a work permit. After having
lived in Germany for two years as a married
couple the spouse has a right to work.

10
Who will help me find a place to live in
Germany?

Please be sure to ask your employer for assis-

tance in finding adequate housing before you
come to Germany. Your employer will most likely
be happy to help.

How many work permits will German

authorities issue for foreign IT-specialists?

To start with, 10,000 work permits will be is-

sued. After that, a monitoring procedure will be
carried out to determine if there is a need for
10,000 more IT-specialists.

When will the first IT-specialists be per-

mitted to come to Germany?

The necessary legal changes to streamline and

simplify procedures have gone into effect in
early August, 2000.
 Information for Employers
in Germany
Answers to important questions

Who is allowed to come and work in

Germany under the „IT-specialists
Temporary Relief Program”?

IT-specialists from all non-European Union

countries are welcome to apply for employment.
Their nationality is irrelevant. Nationals of EU-
member states do not need a work permit in
Germany, because there is free movement of
labor within the European Union.

What type of specialists are being

recruited?

IT-specialists in the information and communi-

cations technology sector are needed – for
example, software and multi-media developers
and programmers, circuit and IT-system devel-
opers , IT-consultants, and systems, Internet,
and network specialists.

What qualifications must the job appli-

cant have?

Specialists with university or technical college

degrees – Bachelor’s or Master’s – in any infor-
mation technology subject, such as computer
science or communications engineering are eli-
gible. Specialists without a degree can work in
Germany only if the employer agrees to pay an
annual salary of DM 100,000 or more, before
taxes and deductions.

Are there any limits on the number of

foreign specialists a given company will
be permitted to employ?

No.

Where can I recruit foreign IT-specialists?

You have several different options:

1. The Federal Employment Service has set up an
Online Job Fair for applicants since 20 June, 2000,
where they can introduce themselves and present
their curriculum vitae. Contact: www.arbeitsamt.de.
You may also contact your local employment offi-
ce. As an employer, you may also post your job
openings in the Online job fair listings.

2. The second option is open recruitment, such as

is often done on the Internet. Job openings posted,
for example, on your company’s homepage, do not
require a special permission of the Federal Em-
ployment Service as long as they do not specifi-
cally recruit specialists from abroad (see option 3).
3. The third option is to do your own recruiting
abroad: using specifically targeted newspaper ads,
a company employee or a third party. For this type
of recruitment, you will need permission from the
Federal Employment Service. Please contact your
local employment office for more information.

May I also engage the services of a

private employment agency?

Yes. But this private employment agency must

have special permission to recruit abroad from
the state employment office where it is located.
Private employment agencies are only allowed to
charge you, the company, for its services, and
not the job applicant.

When I find a suitable applicant, where

do I obtain a work permit?

Normally, you as the prospective employer would

apply on behalf of the applicant at your local
employment office for a notice of intent to issue
a work permit.

What documents do I need to submit?

The only documents required are proof of a uni-

versity or technical college degree in information
or communications technology. These diplomas
should be submitted to the employment office in
German, or at least an English translation, since
this will speed up the process considerably. This
is not necessary if you, the employer, provide a
written pledge to pay the applicant an annual
salary of DM 100,000 or more, before taxes and
deductions. In addition, the employment office
needs a description of the position available,
including the working conditions, if it was not
previously registered.

What exactly does the Employment

Office check?

The Employment Office will quickly verify that the

position in question cannot be filled by a German
or EU-specialist. It will also make sure that the
applicant has the required qualifications and that
the prospective employer will provide the same
salary and working conditions for foreign specia-
lists as for equally qualified German specialists.
For IT-specialists who have just completed their
studies, their salaries should be comparable to the
start-up salary rates laid down in collective agree-
ments. For top-level foreign specialists with years
of professional experience the comparable salaries
are of course higher.
How long does it take the Employment
Office to decide whether or not to issue
a work permit?

Everything possible is being done to make these

procedures as fast and transparent as possible,
and to reduce red tape. As soon as you have
submitted all the required paperwork, the Em-
ployment Office will make a decision within a
few days or within one week at the most. If the
Employment Office notifies you of its intention
to issue a work permit before the IT-specialist
arrives, this statement can serve as a valid
work permit for the first three months of his or
her employment in Germany. That way, your
new staff member can go straight to work!

What other permits and documents does

the IT-specialist need?

As soon as you have written notice that a work

permit will be issued, the specialist can go to the
German embassy or consulate in his or her coun-
try and apply for the required entrance visa. This
visa will normally be issued within several days.
Please note that if your employee plans to bring
his or her family right away, the employee must
submit proof of adequate housing in Germany
when he or she applies for visa. Thus, it is very
important that you, the employer, help your new
employee to find a suitable place to live.
What other formalities need to be taken
care of after the IT-specialist arrives in
Germany?

The first thing the specialist needs to do is to

register at city hall (at the „Einwohnermelde-
amt”) or at the Immigration Office („Ausländer-
amt”). The employee must apply for a residence
permit at the local immigration office. For this,
he or she will need a contract of employment
and a visa. Within three months time, he or she
will need to apply for a work permit at the
local employment office. Here again, the neces-
sary documents are a written contract of em-
ployment and a visa. The work and residence
permits will normally be issued within a few days.

How long is the work permit within the

IT-specialists program valid?

The work permit is issued in accordance with the

length of employment offered, but may not ex-
ceed five years. Within these five years the em-
ployee can change jobs as long as he or she
continues to meet the requirements of the IT-
specialists program. There will not be another
check to see if the job could be filled by a Ger-
man or EU-specialist. But all other requirements
for holding a work permit, such as a comparable
salary and comparable working conditions, must
still be met and will again be checked.
What happens to my new employee’s
family?

As long as your new employee has a preliminary

work and residence permit, his or her spouse
and children under the age of 16 may come to
Germany right away or join your employee later.
The only requirements are that the specialist
was already married before arriving, and that he
or she has found adequate housing in Germany
for the family. One year after arriving, the spou-
se will be eligible for a work permit. After
having lived in Germany for two years as a mar-
ried couple the spouse has a right to work.

How many work permits will be issued

for foreign IT-specialists?

To start with, 10,000 work permits will be

issued. After that, a monitoring procedure will
be carried out to determine if there is a need
for 10,000 more IT-specialists.
When will the first IT-specialists be per-
mitted to come to Germany?

The necessary legal changes to streamline and

simplify procedures have gone into effect in
early August, 2000.

May a company recruit foreign IT-specia-

lists at universities?

Yes. A work permit and a residence permit may

be issued right after your applicant’s graduation
from a German university or technical college
with an IT-degree so that German firms may also
have access to this significant pool of specialists.
This is also true if the applicant is working on a
doctorate or a habilitation in Germany. Here
again, the Employment Office may issue a work
permit and the Immigration Office may issue a
residence permit. You can take care of some of
these formalities for your future employee.
Addresses
Bundesministerium für Arbeit und Sozialordnung
(The Federal Ministry of Labor and Social Affairs)
Postfach 500 • 53105 Bonn
www.bma.bund.de • E-Mail: info@bma.bund.de
Here you may obtain information about the
„IT-specialists Temporary Relief Program”.
Bundesministerium des Innern
(The Federal Ministry of the Interior)
11014 Berlin
www.bmi.bund.de • E-Mail: poststelle@bmi.bund.de
Here you may find information on residence laws
for foreigners.
Auswärtiges Amt (The Federal Foreign Office)
11013 Berlin
www.auswaertiges-amt.de
E-Mail: poststelle@auswaertiges-amt.de
Here click on the Icon „Country/travel info” to find the
addresses of German consulates and embassies abroad.
Presse- und Informationsamt der Bundesregierung
(The Press and Information Agency of the Federal Republic
of Germany)
11044 Berlin
www.bundesregierung.de/dokumente/Themen_a-z/
informationsgesellschaft/green_card_fuer_IT-fachkräfte/
ix1363_13771.htm
Here you may also find information on the
„IT-specialists Temporary Relief Program”.
Bundesanstalt für Arbeit
(The Federal Employment Service)
www.arbeitsamt.de/hst/services/it_hotline/index.html
Here you can find out whom to contact at your local
employment office for information on the IT-program.
Zentralstelle für Arbeitsvermittlung ZAV
Villemombler Str. 76 • 53123 Bonn
Tel.: 02 28 / 7 13-12 12
Fax: 02 28 / 7 13-11 66
E-Mail: Bonn-ZAV.IT-Experts@arbeitsamt.de
Deutsche Verbindungsstelle,
Krankenversicherung-Ausland
Postfach 20 04 64 • 53134 Bonn
Here you can find information on health insurance and
social insurance agreements.
Bundesversicherungsanstalt für Angestellte
(Federal Insurance Agency for Employees)
www.bfa-berlin.de
Here you can find information on retirement benefits, finan-
cial compensation for contributions paid and social insurance
agreements.
Checklist
for Job Applicants

Before travelling to Germany: Application and

signing of a contract

Make sure you have the required qualifications and get

diplomas ready to submit

Decide how you would like to apply. (by contacting the

Online Job Fair of the Federal Employment Agency;
or applying directly to a company; or responding to an ad
in a trade magazine or on the Internet.)

After signing the contract, ask your employer to apply for

written notice that you will be issued a work permit at
the local employment office and for preliminary approval
for a visa from the immigration office.

Make sure your passport is still valid.

Apply for a visa at the German consulate or embassy in

your home country. You must submit written notice that
you will be issued a work permit.

Ask your new employer to help you find a place to live.

(During the visa procedure, you must prove that you have
adequate housing for you and your family).

After arriving in Germany

Register at the „Einwohnermeldeamt” or the „Ausländer-

amt” (Immigration Office) at your local city hall. Within
three months, go to your local employment office to apply
for a work permit. For this you will need your visa and your
contract of employment.

Apply for a residence permit at the local immigration

office. You will need your visa and your written contract of
employment.

If you change jobs within five years or are offered an

extended contract: apply for a new work permit.
Checklist
for Employers

Before your new employee’s arrival: Application

and signing of a contract

Choose your recruitment option (contact the Online Job

Fair of the Federal Employment Agency; go directly to your
local employment office; open recruitment, such as ad-
vertising job openings on your homepage or recruiting at
German universities; or recruitment targeted at foreign
specialists – with permission by the Federal Employment
Service – through specific ads, company employees, a third
party or private employment agencies.

Check your applicant’s qualifications and diplomas.

Request to have the diploma in German or at least in an

English translation - speeds up the process.

Apply to your local employment office on behalf of your

employee for notice of intention to issue a work permit.

Afterwards, take this notice of intention to issue a work

permit to the immigration office and apply for preliminary
approval for a visa.

Send the written notice of intent to issue a work permit to

your new employee as soon as possible (He or she will need
it to apply for a visa).

Provide support and assistance for your new employee, for

example, in finding adequate housing.

After your new employee arrives

Make sure the IT-specialist registers at the „Einwohner-

meldeamt” or immigration office. In addition, he or she
must apply for a work permit at the local employment
agency within three months and apply for a residence
permit from the local immigration office.

If you decide to extend your employee’s contract within

the five year period, or if a new foreign specialist comes to
you through a job change: apply for a new work permit.
 Imprint

Publisher:
The Federal Ministry of Labor and
Social Affairs
The Public Relations and
Communications Department

11017 Berlin

This publication may be ordered

free of charge under this order
number: A 232

In writing from the:

Bundesministerium
für Arbeit und Soziales
Referat Publikation
Postfach 500

53105 Bonn.

Telephone: 01 80 / 51 51 51 0
(0.24 DM/minute)

Fax: 01 80 / 51 51 51 1
(0.24 DM/minute)

E-Mail: info@bma.bund.de
Internet: www.bma.bund.de

Concept, Text and Design:

Wienand & Heimbüchel, Köln
- Concept: Dr. Bernd Heimbüchel
- Editing: Kathrin Melzer
- Design: Miria Marx

Printing:
Druckerei Conzelmann, Albstadt

Photo Credits: PhotoDisc

Position: February 2001 (mp)