Skilled Worker Invitation for job

akram • 17 November 2023
2 comments
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Dear Sir/Madam,

I have an asylum passport in Germany and I would like to invest around 80K to 100K euros to open a small business small restaurant/bakery I need skilled workers who are my brothers from Afghanistan and whom I trust.

I have some questions about the process of inviting them to work for me:

  • Do I need to open the business first and then invite them? If yes, how long should I pay the rent for the business premises without them? How long does it take for them to get the visa? If investment and opening the business and paying for the rent is required, is there a guarantee that they will get visa? Or all investment and payments are wasted?
  • Can I just get a business license and invite them without opening the business first? Can I rent the property later after they arrive?
  • How long does it take to issue the work visa for them and from which country should they apply?
  • Do they need to learn the German language first before getting the visa? If yes, to which level? What else is required from them?
  • What are the rules for holding an Austrian passport and doing business in Germany? How would the answers to the above questions change if I have a European passport? And doing business In Germany?

I appreciate your assistance and guidance.

Sincerely,

Akram

Kategorie
Work permit

Answers (2)

Moderation

Hello, thank you for reaching out with various questions!
It is great that you want to open up a business and thinking about getting support from your brother. I will try to give you a brief overview. It is recommended to reach out to a counselling for detailed answers and get more support with the next steps how to open a business. Please note that we cannot give you any legal advise, so you might want to consult a lawyer as well.
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To be able to apply for a work permit from abroad, you need to be considered as a skilled worker. A skilled worker needs to provide a degree, which is equal to German degree. This means your brother needs to provide an acknowledged degree in the field of his future position. If you want to open up a restaurant or a bakery, your brother needs to hold a degree which is related for your company. On Handbook Germany, you can read more about recognition of foreign degrees.
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If he will be eligible to apply for a work permit, you will need to establish the company first, before be able to offer him a job. Only with a job offer/contract he will be able to apply for a visa. Unfortunately the German embassy/consulate in Afghanistan are closed. He will need to get waitlisted through the website of the German embassy in Kabul: https://service2.diplo.de/rktermin/extern/choose_category.do?locationCo… Through this appointment application system he can choose to get his documents checked in Islamabad or in New Dehli. Moreover, it says that it takes about 6 months to receive an appointment. Unfortunately, we cannot tell you about the success of a visa issuance. In general, if a person fulfills all requirements, s:he will receive a visa.
If he is holding a vocational degree, he will need to provide a German language certificate (at least B1). Here you can find the necessary documents to apply for a visa according to §18a for the German embassy in Islamabad: https://pakistan.diplo.de/blob/2583218/56d16ef9b8f4e23a0be7decd3ffbe8bd… This checklist is only an example and can varies slightly or the embassy can request additional documents.
Lastly, due to the EU agreement, there are no restrictions to travel, change of residency and economic access within Europe. So, one with an Austrian citizenship doesn’t need an additional work permit. The person is able to open a business in another EU country as long as all regulations are followed.
I hope this will help you. Please let me know if something remains unclear or you have further questions.

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