In Germany, the provision of temporary personnel is strictly regulated by the German Law on Labour Leasing Act (AÜG).
Non-EU Nationals can work in Germany for any company if they are employed by the Agency that hold the AUG License.
According to the Labour Leasing Act, the agency that holds the AUG License can act as an employer and supplies the temporary employees to companies in Germany.
Inter-Consulting has an agreement with an outsourcing partner - a German outsourcing agency that holds the AUG Licence. Via its outsourcing partner Inter-Consulting can employ Non-EU Nationals to work on the site of one of its automotive clients in Germany.
The employment process is quite straightforward. A non-EU consultant that is offered a job by IC will be employed and pay rolled by its outsourcing partner, while will be working for a client in Germany (for example BMW).
Payment process between IC, an outsourcing partner and a client:
- The outsourcing partner employs a consultant on a full payroll basis
- A client signs a contract with the outsourcing partner for the services provided by the consultant to the client
- The client pays the outsourcing partner for the consultant’s services, based on the timesheet provided
- The outsourcing partner deducts Income tax, Pension contribution, Social security from the consultant’s payment
- After the deduction of payments listed in section 4. the remaining amount will be paid to the consultant
- The outsourcing partner pays margin to IC, based on the agreed rate
Employment under AUG License expires in 18 months
Employment period under AUG License is limitied to 18 months, and after that period the consultant will have to decide whether he/she wants to return to home country or continue working in Germany. To continue working in Germany the consultant will have to find a full-time employment with a company that would sponsor him/her with Work Permit, which is quite likely for those who has established themselves well in the country during that 18-months period, which means put efforts to build relationships with the client, prove their value at work and gained at least a basic level of German language.
How Long would a Visa Application Process take?
This depends on the country, and sometimes on the embassy/consulate in the country, where the candidate will be applying. It can take up anywhere from six weeks to two to three months. Please note, that the candidate will also need to book an interview slot before going by the embassy or consulate, which will take an additional amount of time (we’ve had a waiting time for an interview of five months once).
Establish yourself in Germany as a Non-EU National
Coming under AUG License could be an effective solution for Non-EU Nationals who wish to start a career in Germany and establish themselves in Europe long-term. Germany offer good payment rates, living and working conditions, and will offer you a chance to enhance your expertise by working for leading German automotive manufacturers. On top of that, there is a strong and steady demand for experienced automotive engineers in the country, and if you are good at your job you will be getting job offers after 18 - month period and will have opportunities to progress in your career.
Getting Permanent Residence
Most foreign residents can apply for a permanent residence permit – a “settlement permit” (Niederlassungserlaubnis) – after five years. Some people may get it sooner: For example, if you are a non-EU national married to a German citizen you could file your application for a settlement permit after three years. If you have graduated from a German university and hold a temporary residence permit for paid employment, you can even submit your application after two years.
However, you need to fulfil various other conditions: You have to prove some basic knowledge of the German language, Germany’s political system, and German society. Moreover, you need to show that you are able to earn a living and that you have made financial contributions to Germany’s national pension plan for five years. Proof of accommodation is also required.