APPROVAL FROM ARBEITSAGENTUR vs. AUSLÄNDERBEHÖRDE - WHICH ONE YOU NEED

Let's clear up the "approval confusion" for your German visa

Please note that we are talking about long-term visa for the purpose of employment so-called nationales Visum Kategorie D (Arbeitsaufnahme).

Where the confusion comes from

In the context of issuing visas for employment in Germany, there are three different types of Approval. But don't worry. We'll figure it out in examples. See the situation #1, #2 and #3.

So the point is that the Approval (Vorabzustimmung) of your application for a German national visa can be issued by two different organizations.
Here they are:
a) the Migration Office (Ausländerbehörde, or ABH*) or
b) the Federal Labor Office (Bundesagentur für Arbeit, or BA).

Approval by the Migration Office (ABH)

Situation #1

It works as follows. You submit your visa application and accompanying documents to the German consulate in your home country. Or in a third country if you already live abroad. The consulate forwards your application to the Migration Office in the place of your future residence in Germany.

If there are no reasons to refuse your visa, the Migration Office makes the positive decision and gives to the consulate the "yes" word. Which is technically an Approval. And you are granted a visa. So this is the first of three types of Approval.

Situation #2

For applicants who are aiming an employment or vocational training (Ausbildung), there is a so-called "fast-track processing" according to §81a AufthG. Since the German name of beschleunigtes Fachkräfteverfahren is not easy to say, it is more common to hear either "§81a" or the more understandable English term "Fast Track".

In the process of the fast track Migration Office after receiving from the employer additional forms and documents plus the fee of €411, examines the received documents and in case of a positive decision sends to the embassy and to the visa applicant the Vorabzustimmung nach §81a - see screenshot above. This is the second type of Approval.

Approval by the Federal Labor Office (BA)

Situation #3

Consider a very common case where the ABH decides whether to issue a Blue Card visa or a "work visa".

The term "work visa" is a gross simplification for the sake of clarity. We are talking here about a visa for a residence permit under §18b Section 2 Residence Act (Blue Card) as well as a visa to obtain a residence permit for skilled work, but "lower class" - §18b Section 1.

Both of these visas are intended for visitors who will be engaged in highly skilled labor.

Of course, you should choose the Blue Card. Its main advantages are the short time period before getting a permanent residence permit and the fact that your spouse does not need to prove her/his knowledge of German at the basic A1 level.

To get a Blue Card you need a diploma, usually in the field of the future profession and guaranteed by the German employer a sufficiently high salary. If the salary will not be very high, but you have a diploma and a profession in demand in Germany, it is worth trying to get a "small" Blue Card.

And in this case - for the "Small Blue Card" you will need the approval of the Federal Labor Office. This process usually takes 2-8 weeks. The request to the Federal Labor Office is made by the Migration Office. However, the law allows for such a request to be made by the future German employer or his representative.

Summary - key ideas

There are three types of approvals. The first two types are issued by the Migration Office: approval of the visa application per se and approval under fast track (§81a Residence Act).

The third type of approval is issued by the Federal Labor Office in special cases, such as visa applications for the purpose of obtaining a "small" Blue Card.

All of these types are unrelated to each other. For a positive decision to grant you a German national visa, you must have the Approval described in situation #1. Whether situation #2 or #3 applies to you depends on your diploma, the size of your guaranteed salary, the employer's readiness to spend additional €411+ on you, and so on.

If you have any further questions, feel free to share your comment below or send me an e-mail.

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