> Simplified Proceedings to Employ a Foreigner Being Tolerated

Many employers are familiar with the following situation: Interested persons apply for a vacant position. These employees are highly motivated and very committed. However, their residency status is unclear as they are "only" tolerated (Duldung). Most employers send them away because the "red tape" is too time consuming too manage. However, a new proceeding was introduced in November 2006 which significantly simplifies the formalities to hire a "tolerated" person.

This procedure already expires in October 2007. Those persons who have been thus far tolerated in Germany for more than six years will now receive a new residence permit for at least two years allowing for gainful employment. This will allow them to pursue any employment they wish. What is required is a binding offer from an employer that is to be submitted to the foreigners office (Ausländeramt). But how can one best prove an employer's "binding offer"? Simply negotiate the contents of the employment contract as it is to take effect and then have only the employer sign it. Yes, only the employer! If both signed, you and your employer could be subject to fine for illegal employment. Keep in mind that contracts are concluded in Germany simply by mutual agreement of both parties. There is no consideration, no deed, no formalities usually necessary. The foreigners office might provide you a particular form that the employer is to fill out. Stronger than any such form is the signature of an employer on a contract of employment. 

Published on the old CMS: 2007/3/7
Read on the old CMS till November 2008: 1,389 reads

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