responsibility finder
Schleswig-Holstein

Obtain work permit for seasonal employment of foreigners

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

People from third countries can take up seasonal employment in Germany if the Federal Employment Agency has concluded a placement agreement with the labor administration of the respective country of origin (currently with Georgia and the Republic of Moldova). On this basis, the Federal Employment Agency can issue a work permit for seasonal employment. The work permit can be issued for assignments in agriculture.

As an employer, you must apply for the work permit at the Federal Employment Agency. Seasonal employment may not exceed 90 days per period of 180 days and may not exceed 6 months in any 12-month period.

Placement of seasonal employees

You can order the Federal Employment Agency to place a seasonal worker for you (currently from Georgia and the Republic of Moldova). To do this, fill out the order confirmation and employer's declaration.

If you already know seasonal workers from Georgia or the Republic of Moldova and want to employ them, please use the form for requesting seasonal workers by name.


Process flow

If you would like to employ a seasonal worker but do not yet know of one, you can order the Federal Employment Agency to provide you with a seasonal worker (currently from Georgia and the Republic of Moldova):

  • Go to the application page of the Federal Employment Agency, fill out the order confirmation and employer declaration and submit it to your responsible employer service.
  • The information sheet informs you about further requirements and the next steps.
  • Please sign and return the order confirmation to the employer service of your responsible employment agency. This order confirmation also serves as an application for a work permit.
  • The Federal Employment Agency will check your application and ask you to submit evidence of pay, working hours and other working conditions.

If you already know seasonal workers from Georgia or Moldova and want to employ them, the following procedure applies to you:

  • Go to the application page of the Federal Employment Agency, please fill out the form for requesting seasonal workers by name.
  • The Federal Employment Agency will review your application and ask you to submit evidence of pay, hours, and other working conditions.

If your application is approved, you will receive a work permit for the seasonal worker from the Federal Employment Agency.

Requirements

In order to obtain the work permit, you must be able to prove that the seasonal workers you wish to employ,

  • have adequate health insurance,
  • have adequate housing,
  • have a concrete job offer or a valid employment contract,
  • the employment will last no more than 90 days per 180-day period, and
  • will work at least 30 hours per week.

The work permit will not be issued if

  • the foreigner is already residing in the territory of the Federal Republic of Germany, unless
    • the person has entered the country to take up the seasonal employment for which the work permit is requested, or
    • the work permit is applied for a seasonal employment that follows a previous seasonal employment.
  • The seasonal employee has applied for asylum; or
  • the seasonal employee has not fulfilled the obligations of a previous seasonal employment; or
  • the seasonal employee has already worked or is to work as a seasonal employee for 90 days within a 180-day period; or
  • the seasonal employee works less than 30 hours per week, or
  • your company is in insolvency proceedings, or
  • your company is not (any longer) in business.
Which documents are required?

If you wish to employ a seasonal worker but do not yet know of one, the following documents are required:

  • Evidence of pay, hours, and other working conditions for your seasonal workers, for example, employment contracts or a statement on the Order Confirmation and Employer Declaration Request form
  • Informal notification of health insurance coverage
  • Information on the form Order Confirmation and Application Employer's Declaration about accommodation for your seasonal workers
  • copies of the seasonal workers' travel documents, e.g. passports

If you already know seasonal workers from Georgia or Moldova, the following documents are required:

  • "Application form for seasonal agricultural workers from third countries by name request"
  • Proof of sufficient health insurance for the seasonal worker
  • Copies of the seasonal worker's travel documents, for example, passports
What deadlines do I have to pay attention to?

You must provide information on pay, working hours and other working conditions for your seasonal employees without delay after the Federal Employment Agency has requested you to do so.

Legal basis
Appeal
  • Appeal. Detailed information on how to file an appeal can be found in the notification of your application.
  • Social court action
Applications / forms

Forms available: Yes
Written form required: Yes
Informal application possible: No
Personal appearance required: No
Online services available: No

Technically approved by

Federal Ministry of Labor and Social Affairs (BMAS)

Process flow

If you would like to employ a seasonal worker but do not yet know of one, you can order the Federal Employment Agency to provide you with a seasonal worker (currently from Georgia and the Republic of Moldova):

  • Go to the application page of the Federal Employment Agency, fill out the order confirmation and employer declaration and submit it to your responsible employer service.
  • The information sheet informs you about further requirements and the next steps.
  • Please sign and return the order confirmation to the employer service of your responsible employment agency. This order confirmation also serves as an application for a work permit.
  • The Federal Employment Agency will check your application and ask you to submit evidence of pay, working hours and other working conditions.

If you already know seasonal workers from Georgia or Moldova and want to employ them, the following procedure applies to you:

  • Go to the application page of the Federal Employment Agency, please fill out the form for requesting seasonal workers by name.
  • The Federal Employment Agency will review your application and ask you to submit evidence of pay, hours, and other working conditions.

If your application is approved, you will receive a work permit for the seasonal worker from the Federal Employment Agency.

Requirements

In order to obtain the work permit, you must be able to prove that the seasonal workers you wish to employ,

  • have adequate health insurance,
  • have adequate housing,
  • have a concrete job offer or a valid employment contract,
  • the employment will last no more than 90 days per 180-day period, and
  • will work at least 30 hours per week.

The work permit will not be issued if

  • the foreigner is already residing in the territory of the Federal Republic of Germany, unless
    • the person has entered the country to take up the seasonal employment for which the work permit is requested, or
    • the work permit is applied for a seasonal employment that follows a previous seasonal employment.
  • The seasonal employee has applied for asylum; or
  • the seasonal employee has not fulfilled the obligations of a previous seasonal employment; or
  • the seasonal employee has already worked or is to work as a seasonal employee for 90 days within a 180-day period; or
  • the seasonal employee works less than 30 hours per week, or
  • your company is in insolvency proceedings, or
  • your company is not (any longer) in business.

Which documents are required?

If you wish to employ a seasonal worker but do not yet know of one, the following documents are required:

  • Evidence of pay, hours, and other working conditions for your seasonal workers, for example, employment contracts or a statement on the Order Confirmation and Employer Declaration Request form
  • Informal notification of health insurance coverage
  • Information on the form Order Confirmation and Application Employer's Declaration about accommodation for your seasonal workers
  • copies of the seasonal workers' travel documents, e.g. passports

If you already know seasonal workers from Georgia or Moldova, the following documents are required:

  • "Application form for seasonal agricultural workers from third countries by name request"
  • Proof of sufficient health insurance for the seasonal worker
  • Copies of the seasonal worker's travel documents, for example, passports

What deadlines do I have to pay attention to?

You must provide information on pay, working hours and other working conditions for your seasonal employees without delay after the Federal Employment Agency has requested you to do so.

Legal basis

Appeal

  • Appeal. Detailed information on how to file an appeal can be found in the notification of your application.
  • Social court action

Applications / forms

Forms available: Yes
Written form required: Yes
Informal application possible: No
Personal appearance required: No
Online services available: No

Technically approved by

Federal Ministry of Labor and Social Affairs (BMAS)

Further information and offers