Employer Immigration Compliance Duties Germany §45c AufenthG & Visa Checks 2026

Key takeaways for Employer duties for hiring skilled workers from Abroad

✔️New Rule §45c AufenthG: From January 1, 2026, employers must inform third-country skilled workers in writing about free Fair Integration advice on employment and social law, including nearest center contacts, by first day of work.
✔️ Download Resources: Get employer fact sheet and multilingual leaflets from faire-integration.de; mark closest center and get employee signature.
✔️Other Key Duties: Check valid residence title for work; keep copies; notify employee of extensions; inform authorities on early termination within 4 weeks.
✔️Exceptions: No info duty if hired via placement agency.
✔️Jobbatical Help: We assess future hires' permits and ensure compliance steps for legal employment in Germany.

Introduction to Employer duties §45c Residence Act

German employers hiring skilled workers from third countries face strict immigration compliance under the Residence Act (AufenthG). A key update from January 1, 2026, mandates informing employees about advisory services via §45c.

New Obligation: §45c Residence Act

Section 45c, effective January 1, 2026, requires employers to notify third-country nationals—residing or habitually in third countries—about “Fair Integration” counseling on employment and social security law. Provide this in writing by the first workday, including nearest advisory center contacts.

Download multilingual leaflets (German, English, Arabic, Turkish, Ukrainian, Russian) and employer fact sheet from faire-integration.de. Select the closest center, hand to employee for signature confirmation.

If recruited via a placement agency, the agency handles this duty instead.

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Your 4 core immigration compliance duties as an employer in Germany

1. Check the right to work

Before hiring, confirm that your international professional holds a valid residence title that explicitly allows employment in Germany (for example, EU Blue Card or skilled worker permit). Check type, validity dates, and any restrictions so no one starts work without proper authorization. Jobbatical’s platform can pre-assess permits and scenarios so you only onboard candidates who are fully compliant.

2. Keep a copy of the residence title

You must store a copy of the employee’s valid residence title in electronic or paper form for the duration of their employment. This proves compliance during inspections and audits and makes it easy to show that all foreign staff are properly authorized.

3. Monitor expiry and renewals

For temporary residence titles, you need to ensure the employee knows that their permit must be extended in time for continued work. Track expiry dates in your HR system, set reminders, and start renewal steps several months before the title runs out. Jobbatical can automate this tracking and reminder flow, reducing the risk of someone working on an expired permit.

4. Notify authorities when employment ends early

If the employment of a foreign skilled worker ends earlier than planned, you must inform the competent foreigners authority within four weeks of becoming aware of the termination. The authority then decides whether to shorten the residence title’s validity period. Adding this notification to your standard offboarding checklist – or automating it with Jobbatical workflows – helps you avoid fines and future scrutiny.

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Core Employer Duty Reminder

Under §4a(5) AufenthG, check if the skilled worker holds a valid residence title permitting German employment. Retain electronic or paper copies.

For temporary titles, inform employees of timely extension needs to continue work. Notify foreigners authorities within four weeks of early termination knowledge.

Jobbatical Support:

Our platform and experts assess permits for your future hires, verifies compliance, and guides steps for legal onboarding—reducing risks and streamlining immigration.
‍Contact us for an in-depth, expert review of your compliance state.

How to Comply Step-by-Step

Verify residence title validity before hiring.
Download §45c leaflet from here
Mark the nearest Fair Integration center and deliver to employee on day one with a signature.
Store title copies and monitor extensions.
Report terminations promptly to authorities.

Additional Compliance Resources

Review full duties on official Make it in Germany page.
Reference German Residence Act and §45c here.

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Disclaimer

Immigration laws and policies change frequently and may vary by country or nationality. While we strive to provide accurate and up-to-date information, we recommend doing your own due diligence or consulting official sources. You’re also welcome to contact us directly for the latest guidance. Jobbatical is not responsible for decisions made based on the information provided.

No FAQs Found

FAQs

What is the new §45c Residence Act obligation for German employers hiring third-country skilled workers?

From January 1, 2026, §45c AufenthG requires employers to inform third-country skilled workers in writing about free "Fair Integration" advisory services on employment and social security law by their first workday. Include contact details of the nearest advisory center. Download multilingual leaflets from faire-integration.de.

How do employers comply with §45c information duty for foreign hires?

Download the employer fact sheet and employee leaflets (English, Arabic, etc.) from Fair Integration. Tick the closest advisory center, give to employee on day one, and get their signature confirmation. Exception: Placement agencies handle this if they recruited the worker.

What are key employer duties when hiring skilled workers from abroad in Germany?

Under §4a(5) AufenthG: Check valid residence title allowing work; keep copies; inform of extension needs; notify foreigners authority within 4 weeks of early termination. Plus new §45c Fair Integration info duty. Full list at Make it in Germany.

Do employers need to verify residence permits for international hires?

Yes, confirm the skilled worker has a valid residence title permitting German employment before hiring. Store electronic/paper copies. Jobbatical helps assess future hires' permits, verify compliance, and guide legal onboarding steps to avoid risks.

What happens if employment ends early for a foreign skilled worker?

Notify the competent foreigners authority within four weeks of knowing about termination. They assess if the residence title's validity period needs shortening. See details at visa requirements page.

What are the risks or penalties for employers who do not comply with immigration duties in Germany?

If employers in Germany fail to comply with key immigration obligations – for example, hiring foreign professionals without a valid residence title that permits work, not keeping copies of permits, missing the 4-week notification to the foreigners authority after early termination, or not fulfilling the new §45c Fair Integration information duty – this can be treated as illegal employment of foreign nationals and an administrative offence. Depending on the severity and repetition of violations, authorities may impose significant fines, carry out more frequent inspections, and restrict the company’s ability to hire foreign workers in the future. In particularly serious or repeated cases, criminal consequences or exclusion from public contracts and subsidies are also possible, which makes a structured compliance process and expert support (for example via Jobbatical’s platform) essential.

How can Jobbatical help with employer immigration compliance in Germany?

Jobbatical assesses permits for your future hires, ensures correct compliance steps, and streamlines legal employment processes via our technology platform. Reduce risks and onboard skilled workers seamlessly—contact us at germany.com for support with residence checks and more.

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