Obligations of the employer

Foreigners must be in possession of a valid passport for the entire duration of their stay.

Foreign nationals and third parties involved in proceedings are obliged to cooperate in establishing the facts relevant to the application of the Free Movement of Persons Act. In particular, they must:

provide truthful and complete information on the facts relevant to the regulation of residence;

provide the necessary evidence without delay or endeavor to obtain it within a reasonable period of time;

obtain or cooperate in obtaining their passport from the authorities;

The employer must ensure that the foreigner is authorized to work in Germany by inspecting the residence permit or by asking at the Migration and Passport Office before the foreigner starts work.

Permits can only be issued if the employee is employed for the position in question on wages and working conditions that are customary for the location and occupation and in line with the labor market situation.

The employer is also subject to the reporting obligations in accordance with the regulations on the business register.

The employer of a cross-border commuter who is an EEA national is obliged to report the start of the employment relationship to the Migration and Passport Office using a form within ten days of the start of the employment relationship. Invalid cross-border commuter registration confirmations must be returned to the Migration and Passport Office immediately.

If an employer has violated the provisions of the PFZG or the AUG and has been repeatedly penalized for this within three years, the Migration and Passport Office must reject future applications for the admission of foreign employees who are not entitled to a permit for two years from the date on which the last decision becomes final.

The employer who has employed or intended to employ foreign workers who require a permit but are not entitled to pursue gainful employment shall bear the costs incurred by the country for the subsistence, accident, illness and return journey of the person concerned which are not covered.