Regulation On The Employment Of Foreign Nationals

Original Language Title: Verordnung über die Beschäftigung von Ausländerinnen und Ausländern

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Read the untranslated law here: http://www.gesetze-im-internet.de/beschv_2013/BJNR149910013.html

Regulation on the employment of foreign nationals (Employment Ordinance - BeschV) BeschV Ausfertigung date: 06.06.2013 full quotation: "employment Decree of 6 June 2013 (BGBl. I S. 1499), by article 1 of the Decree of July 29, 2015 (BGBl. I S. 1422) is changed" stand: last amended by article 2 2 V v. 6.11.2014 set I 1683 Note: change article 1 V v. 29.7.2015 I 1422 (No. 32) textually evidenced by , edited documentary has not conclusively about the stand number, see the menu see remarks footnote (+++ text detection from: 1.7.2013 +++) this V has been decided as article 1 of the V v. 6.6.2013 I in 1499 by the Federal Ministry for labour and Social Affairs and the Federal Ministry of the Interior with the approval of the Bundesrat. It according art. 4 sentence 1 of the 1.7.2013 into force.
Part 1 General provisions section 1 scope of application the regulation controlling regulation, definitions (1) the immigration of foreign workers and workers and determines the conditions under which they and the already in Germany living foreigners and foreigners can be admitted to the labour market. It governs cases in which 1 a residence permit which allows a foreigner or a foreigner an employment, may be granted according to section 39 paragraph 1 sentence 1 of the residence act without the consent of the Federal Agency for work, 2. the Federal Agency for work in accordance with section 39 paragraph 1 sentence 2 of the residence Act allows a residence permit of a foreigner or a foreigner an employment , can agree, 3. a foreigner or a foreigner, which or who has no residence permit for the purpose of employment, an employment without the consent of the Federal Agency for work may be permitted according to § 4 paragraph 2 sentence 3 of the residence Act, 4 the federal employment agency of the exercise of an employment of a foreigner or a foreigner, or has no residence permit for the purpose of employment , can agree according to § 4 paragraph 2 sentence 3 in conjunction with § 39 of the residence Act and 5. Notwithstanding the approval of the Federal Agency for work may be granted by section 39, paragraph 2 of the residence Act.
(2) priority testing is testing according to § 39, paragraph 2, sentence 1 number 1 of the residence Act.
Part 2 immigration specialists section 2 highly qualified, blue card EU, graduates and university graduates (1) any consent required issuing 1 a settlement permit to highly qualified pursuant to § 19 of the stay law, 2. a blue card EU according to section 19a of the residence law, if the foreigner or the foreigner a) a salary in the amount of at least two-thirds receiving annual contribution assessment ceiling in the general pension insurance or b) has a domestic University degree and 1 set complies with the conditions laid down in paragraph 2 , 3. a residence permit to exercise a reasonable professional qualifications employment of foreigners with a domestic University degree.
(2) foreigners and foreigners, the a profession exercised, to the Group of 21, 221, or 25 according to the recommendation of the Commission of 29 October 2009 on the use of the international standard classification of occupations (OJ L 292 of November 10, 2009, p. 31) belongs, the approval of an EU blue card may be granted, if the amount of the salary in the general pension insurance is at least 52 percent of the annual contribution assessment ceiling. The approval is granted without priority test.
(3) the consent to a residence permit to exercise an employment corresponding to the professional qualifications may be granted foreigners and foreigners with a foreign degree, which is comparable to a German university degree, or a recognized foreign university degree.
(4) the Federal Ministry of the Interior are the minimum content referred to in paragraph 1 number 2 (a) and paragraph 2 sentence 1 for each calendar year each known until December 31 of the previous year in the Federal Gazette.

§ 3 executives of any consent requires that for a residence permit on senior 1 labour of general power of attorney or power of Attorney, 2. are members of the body of a legal person authorized to legally represent, associates and partners of a public trading company or members of other person whole, insofar as they by law, statute or memorandum of Association to represent the whole of the person or business purposes are 3., or employees Senior 4. make one also outside of Germany company for employment on board , Management or executive level or for an activity in any other senior position, which is for the development of the company of vital importance.

§ 4 officers and specialists the approval can be granted for employees senior 1 and others who have a domestically-based company for an employee senior qualified employment at this company or 2 for employment in a german foreign joint venture founded on the basis of intergovernmental agreements to the exercise of their employment, special, especially enterprise-specific special knowledge.
The approval is granted without priority test.

§ 5 science, research and development of not consent requires the grant of a residence permit to 1 academic staff from universities and research and development institutions, 2. visiting scholars and visiting scholar at a university or a research institution that is public or predominantly financed by public funds or listed as a public company in the form of private law, 3. engineers and engineers and technicians and engineers as technical staff and staff in the research team of a visiting scholar or a guest scientist , 4 teachers of public schools or State-approved private substitute schools or recognized private supplementary schools or 5. educators to language teaching at universities.

§ 6 occupations (1) for foreigners who purchased a qualified vocational training in a State-approved or comparable regulated education profession domestically, consent to the exercise of an activity corresponding to the professional qualification can be granted. Is a qualified vocational training, when the training period is at least two years.
(2) foreigners who have acquired their professional qualifications from abroad, consent to the exercise of employment in a State-approved or comparable regulated training occupation corresponding to the professional qualifications may be granted, if the has found competent authority the equivalence of professional qualifications with a domestic qualified vocational training according to the regulations of the Federation or of the countries for the recognition of professional and 1 those concerned by the Federal Agency for work on the basis of an agreement with the employment services of the country of origin about the procedure, the selection and the mediation are been mediated or 2 the federal employment agency for the corresponding profession or the appropriate occupational group differentiated has determined according to regional characteristics that the filling of vacancies with foreign applicants is responsible for labour market - and integration-political.
The federal employment agency can limit the consent in the cases of the sentence 1 number 2 on certain countries of origin and set-oriented registration figures on the demand.
(3) the consent referred to in paragraph 1 and 2 without priority test.

§ 7 graduates of German schools of abroad any consent requires the grant of a residence permit to graduates of German schools of abroad 1 with a recognised foreign university degree or a foreign university degree, which is comparable to a German university degree, to the exercise of an activity corresponding to the professional qualification, 2. to exercise an activity in a State-approved or comparable regulated training profession, if the competent authority has determined the equivalence of professional qualifications with a domestic qualified vocational training , or 3 for the purpose of qualified operational training in a State-approved or comparable regulated training occupation.

§ 8 occupational education and training; Recognition of foreign professional qualifications (1) the approval may be granted for the granting of a residence permit according to article 17, paragraph 1, of the residence law.
(2) the consent may be granted for the issue of a residence permit according to section 17a, paragraph 1 sentence 3, paragraphs 3 and 5 of the residence Act. It is granted in the case of section 17a paragraph 1 sentence 3 without priority test. The approval with regard to the employment exercised during the training without priority test is granted in the case of Article 17a, paragraph 3.
(3) is for a qualified employment 1 the recognition of equivalence between one abroad acquired professional financial statements in the sense of article 6, paragraph 2 or 2 in a profession regulated in Germany the authority to practice necessary
and is required for this purpose a previous temporary practice in Germany, can be agreed to the issuing of residence permits for the temporary employment. The approval is granted without priority test.

§ 9 employment during periods of previous employment or a long time ago stay (1) any consent requires the exercise of employment for foreigners, have the an EU blue card, or a residence permit and 1 two years must work in the Federal territory have lawfully exercised himself for three years continuously allowed 2, tolerated or stop with a stay permit in the Federal territory; Interruption periods are considered according to § 51 paragraph 1 number 7 of the residence Act.
(2) on the period of employment referred to in paragraph 1 No. 1 times 1 of pursuits, which are prior to the date on which the foreigner or foreigners under task hers or his usual stay was left, 2. an employment limited to the residence Act or this regulation, and 3. an activity for which the foreigner or foreigners on the basis of an intergovernmental agreement from the consent requirement for employment was exempt do not count.
(3) on the period referred to in paragraph 1 number 2 times of a stay according to § 16 of the residence law only to the half and only up to two years are counted. Times of employment, which is limited by the residence Act or this regulation, are added to the stay time, if the foreigner or the foreigner is granted a residence permit for a purpose other than the employment.
Part 3 temporary employment article 10 of international staff exchanges, projects abroad (1) the approval may be granted to exercise an employment of up to three years 1. foreigners who have a college education or a comparable qualification, in the framework of the exchange of personnel within a global enterprise or group, 2. for workers employed in foreign countries and workers of an internationally active group or company in the domestic corporate or Division , if the activity to the preparation of international projects is absolutely necessary, the worker or workers in the implementation of the project in other countries is active and has a comparable qualification with German skilled workers and in addition special, especially enterprise-specific special knowledge about.
The approval is granted without priority test.
(2) in the cases of paragraph 1 sentence 1 number 2 may be granted consent for workers and employees of the customer of the foreign project, if they temporarily are employed in connection with the preparatory work by the contractor, the contract contains a corresponding obligation for the contractor and the employment for the future activity of the completed project is necessary. Sentence 1 applies also if the contractor has a branch nor an operation abroad.

§ 11 language teachers and language teacher, specialty cooks and specialty chefs (1) the approval may be granted for teachers for the issue of mother-tongue teaching in schools under the supervision of the competent professional consular post with a period of validity of up to five years. The approval is granted without priority test.
(2) the approval may be granted for specialty cooks and specialty chefs for a full time employment in specialty restaurants with a duration of up to four years. The first-time consent is granted during the period until August 1, 2015 at the latest for a year.
(3) for a new employment pursuant to paragraphs 1 and 2, the agreement before expiry of three years after the expiration of the previous residence permit shall be issued.

§ 12 au pair jobs the approval may be granted for persons with basic knowledge of the German language, are under 27 years of age and are employed in a family in which German is spoken as a native language, up to a year as an au pair. Spoken in the family German as a language family, the consent may be granted, if the or the employee does not come from a country of host parents. The approval is granted without priority test.

§ 13 domestic staff of seconded the consent to the exercise of employment as domestic workers or domestic servant in individuals, the 1 for their employer, or on behalf of a company based abroad temporarily in Germany are active or Convention on diplomatic relations or consular relations have set 2. the clerk of the House or the House Clerk on the basis of the Vienna, may be granted, if these persons before entering the domestic servant or the House Clerk for at least a year in its budget to care have employed a child under 16 years of age or of a dependent household member. The approval is granted without priority test and for the duration of stay of the person where the domestics are employed, for five years at the latest.

§ 14 other pursuits (1) any consent requires the grant of a residence permit to 1 persons employed within the framework of a regulated or a European Union-based voluntary service programme, or 2. mainly for charitable or religious reasons employees.
(2) any consent requires the grant of a residence permit to students as well as students and students of foreign universities and colleges to carry out a holiday employment of up to 90 days within a period of twelve months, that is been mediated by the federal employment agency.

§ 15 internships for training purposes of any consent requires the grant of a residence permit for an internship 1 during a stay for the purpose of school education or studies, the mandatory part of the training is or demonstrably necessary to attain the objective of the training is, 2. within the framework of the European Union or of the bilateral development cooperation of financially funded programme, 3rd with a duration of up to one year in an international exchange programme of associations , public facilities or student organizations to students or graduates of foreign universities in consultation with the Federal Agency of employment, 4. professionals and executives who receive a scholarship from public German funds, of the European Union or money and international intergovernmental organizations, or 5th with a duration of up to one year while a student at a foreign University, after the fourth semester of study given in agreement with the Federal Agency for work carried out.

§ 15a can consent to a residence permit for the purpose of employment in the agriculture and forestry season jobs, in the hotel and catering industry, fruit and vegetable processing and sawmills of at least 30 hours a week on average at least six hours working day up to a total of six months in the calendar year be granted, if the persons concerned on the basis of a request of the Federal Agency for work with the employment services of the country of origin about the procedure and the selection are been mediated. The period for the employment of workers and workers pursuant to sentence 1 is limited to operate on eight months in the calendar year. Sentence 2 shall not apply for plants of fruit, vegetables, wine, hops and tobacco cultivation.

§ 15B of showmans agreeing to a residence permit to exercise an activity in the fairground may be granted up to a total of nine months in the calendar year, if the persons concerned on the basis of a request of the Federal Agency for work with the employment services of the country of origin about the procedure and the selection are been mediated.

§ 15c housekeepers approved a permit to practice subject to compulsory full-time work up to three years for domestic work and necessary nursing care daily living AIDS in households with dependent persons within the meaning of the eleventh book, social security code can be granted if those concerned on the basis of a request of the Federal Agency for work with the employment services of the country of origin on the procedures and the selection have been mediated. The consent to the change of employer may be granted within the admission period of three years. For a new employment after leaving the country the consent may only be issued pursuant to sentence 1, if to the person at least as long has stopped after the departure abroad, as she previously worked in the domestic.
Part 4 posted workers and workers § 16 business of any consent requires the grant of a residence permit who 1. when an employer based domestically in the commercial sector abroad are employed, lead 2nd for an employer domiciled abroad meetings or negotiations in Germany, create contract offers, contracts or monitor the implementation of a contract, or 3.
for an employer domiciled abroad to establish a domestic Division, monitor or control, and that total no more than 90 days are within the framework of their employment while maintaining her usual stay abroad within a period of 180 days in the country.

§ 17 continuing vocational training no consent requires the grant of a residence permit to professionals employed in a foreign country an internationally active group or company for the purpose of an operational training in the domestic corporate or Division for up to 90 days within a period of twelve months.

§ 18 journalists and journalists of any consent requires the grant of a residence permit to employees of an employer domiciled abroad, 1 is recognised or 2 while maintaining their ordinary stay abroad in Germany are journalistic work, if the duration of the action exceeds 90 days within a period of twelve months not working by the press and information Office of the Federal Government.

§ 19 delivery contract (1) any consent requires the grant of a residence permit to persons who by their employers based abroad for up to 90 days within a period of 12 months in the country be sent to 1 for commercial purposes serving machinery, equipment, and programs of electronic data processing, which have been ordered for the employer to set up and install, service or repair or in the operation of these machines , Equipment and programs to teach, 2. purchased machines to remove equipment and other things or to be assigned a 3 acquired dismantling used machines for the purpose of reconstruction in the country of domicile of the employer, in its operation 4. company's own exhibition stands or booths for a foreign enterprise that is established in the country of domicile of the employer up and to reduce and maintain or 5. within the framework of Exportlieferungs - and license agreements to complete a course of operation.
In the cases of the set, 1 number 1 and 3 exemption from approval requires that the employers of the federal employment agency has displayed the activities prior to their admission.
(2) the consent may persons be granted by their employers established abroad longer than 90 days and up to a period of three years in the country be sent serving to 1 commercial machines to set up systems and programs of electronic data processing, which have been ordered with the employer, and fit, service, or repair, or to the operation of these machines , Equipment and programs to teach or 2 acquired, used equipment for the purpose of reconstruction in the country of domicile of the employer to dismantle.
The approval is granted without priority test.

§ 20 international road and rail transport (1) any consent requires the grant of a residence permit to the drivers, the 1st in the road haulage for an employer with a seat) in the territory of another Member State of the European Union or another Contracting State to the agreement on the European economic area cross-border transport under article 2 number 2 or cabotage to article 8 (2) of Regulation (EC) no 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for the access to the market of international freight transport (OJ L 300 from November 14, 2009, p. 72) carries out, and for that, a driver attestation has been issued to the employer, b) performs outside of the territory of a Member State of the European Union or another Contracting State to the agreement on the European economic area, for a stay of no more than 90 days within a period of twelve months promotion in the cross-border freight traffic with a vehicle registered in the country of domicile of the employer , or a vehicle registered in Germany into a country outside this region, 2 in the cross-border passenger traffic on the road for an employer domiciled abroad carries out cross-border trips with a vehicle registered in the country of domicile of the employer. This applies even if the vehicle at home is registered to cross-border services with buses.
(2) any consent the granting of a residence permit to the driver on the cross-border rail transport is necessary if carrier domiciled abroad.

§ 21 service provision of no consent needed who are granted a residence permit to persons who properly engaged in the European Union or a Contracting State of the agreement on the European economic area in the country of domicile of the company by a company established in a Member State and to the provision of services be deployed temporarily in the Federal territory.
Part 5 section 22 groups or special professional special occupational groups of any consent required the granting of a residence permit on 1 persons, including its support staff, which while maintaining their normal residence abroad in lectures or presentations of particular scientific or artistic value or performances sporting character at home operate, if the duration of the activity does not exceed 90 days within a period of twelve months , 2 persons who employed or sent within the framework of visits or foreign film and television productions, if the duration of action of 90 days within a twelve month period does not exceed 3 persons which occur up to 15 days a year, in performances of the day, within the framework of Festival or music - and culture days 4 Professional and professional athletes or professional trainers and professional trainer, whose use in German sports clubs or comparable athletic facilities participating in martial arts is provided , if they a) the 16 years of age have completed, b) the club or the establishment of a salary pays the at least 50 percent of the contribution assessment ceiling for the statutory pension insurance amounts, and c) the German organisation responsible for the sport of in agreement with the German Olympic Sports Confederation sporting qualification as a student or professional athletes or professional competence as a trainer or coach confirmed, 5. photo models , Advertising types, mannequins or Dressmen, 6 travel managers and guides who accompany foreign tourist groups in the country while retaining their usual stay abroad, if the duration of the work does not exceed 90 days period of twelve months, or 7 interpreters and interpreters who participate in meetings or negotiations at home while maintaining their usual stay abroad for a company based abroad , if the duration of the work does not exceed 90 days within a period of twelve months.

Article 23 international sports events of any consent requires the granting of a residence permit to persons who are accredited to the preparation, participation, implementation and follow-up of international sporting events through the respective organizing Committee as far as the Federal Government has taken over implementing safeguards; These are in particular the following: 1 the representatives and representatives, employees and representatives of associations or organizations including referees and referee and referee assistants and assistant referees, 2. sportswomen and sportsmen as well as paid staff of the participating teams, 3., the representatives of the official Association partner and the official licensing partner, 4. representatives and representatives of the media including technical staff as well as the employees and staff of media partners.

§ 24 shipping and air transport of any consent required the granting of a residence permit to 1 members of the crews of ships in international traffic, 2. persons authorized under the maritime pilotage Act for the maritime pilotage, 3. technical staff on inland and international transport the operating required for the care of the guest and service personnel on passenger ferry or 4. the crews of aircraft with the exception of aircraft handlers and pilots , Flight engineers, flight engineers and flight navigators for companies based in the domestic as well as flight Navigatorinnen.

§ 25 cultural and entertainment the approval may be granted for people, an artistic or artistic employment or re-employment as a support staff that is required for the performance, exercise 1 or 2 one more than employment lasting 90 days within the framework of visits or foreign film or television productions are sent.

Section 26 employment certain nationality for citizens of Andorra, Australia, Canada, Israel, Japan, the Republic of Korea, from Monaco, New Zealand, San Marino and the United States of America may be granted approval to engage in any employment independently from the seat of the employer.

§ 27 cross-border employment for the issuing of a frontier map for article 12 paragraph 1 of the regulation of the stay may be granted approval.

§ 28 German folk Member
Consent to a residence permit for the purpose of temporary employment may be granted to German people members, who own a recording decision under the Federal Refugees Act.
6 other part § 29 international agreements (1) for activities within the framework of the contract workers agreement with the States existing Turkey, Serbia, Macedonia and Bosnia-Herzegovina, the consent may be granted. This applies also to the personnel conducting required for the performance of the contract work or administrative staff with company-specific knowledge for a period of up to four years. The Federal Ministry of labour and Social Affairs may restrict the granting of approval by the Federal Agency for work to workers in the construction industry within the framework of contracts for work in relation to the commercial people of domestically-based company employed numerically. This is to ensure that small and medium-sized domestic companies are appropriately taken into account.
(2) consent to the exercise of employment of up to 18 months may be granted when the persons concerned on the basis of an intergovernmental agreement on the employment of workers and employees to the professional and linguistic training (guest workers agreement) are employed with the State whose nationality they possess.
(3) for jobs according to intergovernmental agreements, where is determined that someone for a job requires any work permit or work permit, needed no consent. In occupations according to agreements, in which it is determined that a work permit or work permit may be granted, the consent can be granted.
(4) specialist or world exhibitions, which are registered agreements relating to international exhibitions signed after 22 November 1928 in Paris, approval may be granted to nationals of the States, if they are working for the issuing State to the preparation, execution or termination of the national exhibition fee.
(5) the approval may be granted for persons duly employed by a company based abroad and on the basis of the agreement establishing the World Trade Organization of 15 April 1994 (BGBl. 1994 II S. 1438, 1441) or others will be sent for the Federal Republic of Germany under international law binding free-trade agreements of the European Union or of the European Union and its Member States on a temporary basis in the Federal territory.

Section 30 employment stays without residence permit rather than employment in accordance with the residence Act apply 1 activities according to the articles 3 and 16, exercised up to 90 days within a period of 180 days, 2. activities referred to in §§ 5, 14, 15, 17, 18, 19 paragraph 1 as well as the sections 20, 22 and 23, carried out up to 90 days within a period of twelve months , 3. activities referred to in section 21 which be exercised up to 90 days within a period of twelve months, and activities of individuals who free after the sections 23-30 of stay at regulation of the requirement of a residence permit are 4 of foreign nationals who have long-term resident status, in another Member State of the European Union.
Part 7 employment for stay international, humanitarian or political reasons as well as by people, condoning and asylum seekers article 31 employment stay international, humanitarian or political reasons which the licence to the employment of foreigners with a residence permit, which is granted under section 5 of the residence Act, requires any consent of the Federal Agency for work.

§ 32 have employment by people with tolerance (1) foreigners and foreigners, a tolerance, can consent to the exercise of employment be granted, if she are allowed for three months, tolerated or stop with a residence permit in Germany. The sections 39 to 41 of the residence Act shall apply mutatis mutandis.
(2) any consent requires licences to exercise 1 a placement according to section 22 paragraph 1 sentence 2 number 1 to 4 of the minimum wage law, 2. a vocational training in a State-approved or comparable regulated training, 3. a job according to § 2 para 1, § 3 number 1 to 3, § 5, article 14, paragraph 1, article 15 paragraph 2, § 22 number 3 to 5 and article 23 or 4. employment of spouses , Life partners, related and unrelated first-degree of an employer in its operation, if the employer with these household lives.
(3) licences to employment to foreigners who possess a toleration, needed no consent of the Federal Agency for work if she continuously allows for four years, tolerated, or stop with a residence permit in Germany.
(4) paragraphs 2 and 3 shall also apply to foreigners with a residence permit.
(5) the consent to the exercise of employment is granted foreigners with a tolerance or residence permission without priority test when they take 1 employment according to article 2, paragraph 2, article 6 or article 8 itself for 15 months without interruption allows 2, tolerated or stop with a stay permit in the Federal territory.

§ 33 refusal of permission to engage in employment of people with tolerance (1) foreigners who have a toleration, must not be allowed an employment, if they in the domestic, Beta 1 to obtain services under the asylum seeker performance Act, or measures terminating a residence 2 at them for reasons that have to represent yourself, can not be consummated.
(2) to represent foreigners or foreigners have the reasons 1 number 2 referred to in paragraph in particular, if they bring about the deportation obstacle by own deception about their identity or nationality or by its own incorrect information.
Part 8 procedural rules article 34 limit of consent (1) which may work for federal agency consent to the exercise of an activity limit with respect to 1 the occupational activity, 2. the employer, 3. the region in which employment may be exercised, and 4. the location and distribution of working time.
(2) the approval is granted for the duration of employment for three years at the latest.
(3) in the case of occupations and vocational education and training according to article 17, paragraph 1 and Article 17a paragraph 1 sentence 3 of the residence Act is the approval to provide as follows: 1. training for the duration of training laid down after the training regulations and 2nd in continuing education for the time that is required according to a training plan approved by the Federal Agency for work to attain the objective of the training.

§ 35 range of approval (1) consent to the exercise of employment is granted to a specific residence permit each.
(2) the consent to a residence permit has been granted, so the consent in the context of their time limit also applies to any other residence permits continue.
(3) paragraphs 1 and 2 shall apply mutatis mutandis for the consent to the exercise of employment to persons who have a residence permission or acquiescence.
(4) the consent for a specific employment is granted, so it goes out with the termination of this employment.
(5) the consent to the exercise of employment may be granted without priority test, if the employment will continue after the expiry of the validity of a consent granted for at least a year with same employer. This does not apply for jobs that are limited under this regulation or an intergovernmental agreement.

Section 36 consent (1) the German Federal employment agency informs the competent authority approval for the issuing of a residence permit according to § 39 of the residence Act or a map of frontier workers, whose refusal according to § 40 of the residence Act, the revocation under section 41 of the residence law and the withdrawal of consent with.
(2) consent to the exercise of an activity is considered to have been granted if the federal employment agency notifies the competent authority within a period of two weeks after the approval request, that the information for the decision about the consent is not sufficient or that the employer has issued the necessary information does not or not timely.
(3) the Federal Agency for work to already agree prior to the consent request of the exercise of employment to the competent authority or check whether the labour market conditions for a subsequent agreement, if the employer has given the necessary information and accelerates the procedure this way.

§ 37 hardship scheme foreigners can be granted consent to the exercise of an activity without priority test if their refusal would mean a special hardness.
Part 9 recruitment and placement section 38 foreign recruitment recruitment and placement in States and job placement from States listed in the annex to this Regulation may be carried for an employment in health and care workers by the federal employment agency.
Article 39 any person within the meaning of section 404, paragraph 2 point 9 of the third book of the social code are offences, who intentionally or negligently performs a recruitment or employment contrary to section 38.

Annex (to § 38) (site: Federal Law Gazette I 2013, 3903 and 3904) 1 Afghanistan (Islamic Republic of Afghanistan), 2. Angola (Republic), 3. Equatorial Guinea (Republic), 4. Ethiopia (Democratic Federal Republic), 5 Bangladesh (people's Republic), 6 Benin (Republic), 7 Bhutan (Kingdom of Bhutan), 8 Burkina Faso, 9 Burundi (Republic), 10 Djibouti (Republic), 11 El Salvador (Republic), 12 Ivory Coast (Côte d ´ Ivoire), 13 Eritrea (State of Eritrea), 14 Gambia (Republic) , 15 Ghana (Republic), 16 Guinea (Republic), 17 Guinea-Bissau (Republic), 18 Haiti (Republic), 19 Honduras (Republic), 20 India (Republic), 21 Indonesia (Republic), 22 Iraq (Republic), 23 Yemen (Republic), 24 Cambodia (Kingdom of Cambodia), 25 Cameroon (Republic), 26 Kenya (Republic), 27 Comoros (Union of the Comoros), 28 of the Congo (Democratic Republic), 29 Congo (Republic), 30 Laos (Lao PDR), 31 Lesotho (Kingdom of Lesotho), 32. Liberia (Republic) , 33. Madagascar (Republic), 34. Malawi (Republic), 35. Mali (Republic), 36. Morocco (Kingdom of Morocco), 37. Mauritania (Islamic Republic of Mauritania), 38th Mozambique (Republic), 39. Myanmar (Union of Myanmar), 40. Nepal (Kingdom of Nepal), 41. Nicaragua (Republic), 42nd Niger (Republic), 43. Nigeria (Federal Republic of), 44. Pakistan (Islamic Republic of Pakistan), 45. Papua New Guinea (independent State of Papua New Guinea), 46. Peru (Republic), 47. Rwanda (Republic), 48. Zambia (Republic), 49. Senegal (Republic), 50th Sierra Leone (Republic) , 51. Zimbabwe (Republic), 52nd Somalia (Democratic Republic), 53. Tanzania (United Republic of Tanzania), 54. Togo (Togolese Republic), 55. Chad (Republic), 56. Uganda (Republic), 57. Central African Republic.