Navigating Challenges in the German Immigration Process: The Importance of Early Expectation-Setting

A smooth immigration process is often the starting point of successful assignments or local work contracts and is crucial for retaining key talent within a company.

The process of relocating to another country frequently causes uncertainty, stress and emotional strain. Setting realistic expectations and preparing the employee and their family at the earliest point possible can help them navigate the immigration process. It can also increase the probability of a positive employee experience.

This blog focuses on the most common immigration challenges employees and their families face when relocating to Germany—temporarily or on a permanent basis—and why it is important for companies to prepare employees for these challenges as early as possible.

Processing times

The date the employee is legally allowed to start working in Germany impacts various other matters in a relocation process, such as quitting the job in the current home country, letting go of current and arranging for new housing, the school start date for the children, setting up payroll and health insurance, quarantine times for a pet or the shipment of personal belongings and household goods, to name only a few.

Lengthy and sometimes unpredictable immigration processing times tend to disrupt otherwise well-organised relocation plans. While being dependent on government decisions and internal processing times of various immigration authorities, there is little room for expedited services in German immigration law.

Employees and their families need to be aware that their immigration process may take several months or even up to a year, during which they will most likely face long waiting periods for appointments, restrictions in travelling outside of Germany and abrupt shifts of plans.

It is important that all parties are equally prepared for long wait times while also being ready to adapt to changing realities quite quickly.

Documents collection

Depending on the country from where the employee is relocating, their nationality and individual circumstances, various documents will be needed for the immigration process to Germany. These can range from basic and straightforward documents, such as a passport copy or a CV, to more nuanced items, such as a police clearance certificate or a legalized and translated divorce certificate.

The documents collection phase can be stressful for the employee, as some documents may have already been stored away for shipment, still need to be obtained from different authorities or need to undergo an authentication and translation step.

Keeping in mind that the employee is likely sorting out not only the immigration items but many more relocation-related topics simultaneously with different providers, it becomes apparent that the earlier the employee is aware of document requirements, the better.

It is vital that recruiters work hand in hand with their internal mobility/human resources department, as well as with their external immigration providers, to make at least a basic document list available to the employee so they can start gathering the required records early on.

Unrecognised university degrees

In general, an EU Blue Card can only be obtained with a university degree, which is recognised by the German government as being equivalent to a German degree. Although there often are alternative immigration options, many employees struggle with holding a university degree that is not recognized in Germany for immigration purposes.

There often is a misconception that not being able to obtain an EU Blue Card has a negative impact on their accompanying family or their own immigration status. While the EU Blue Card has some advantages, alternative immigration options rarely have a negative effect on the immigration process to Germany.

As some employees start researching immigration options and permit categories on their own early in their relocation process, a focus on the “best” permit type available is not uncommon. This can be avoided if the employee is aware that other immigration categories are most likely available and that the fact that a degree is not recognized in Germany is no statement about the quality or credibility of the university degree one holds.

Previous residence in Germany

Intuitively, an immigration process for someone who has undergone that same process previously in their life should be easier and quicker. Yet, the opposite is the reality, which the employee needs to be prepared for.

Having been in Germany with a residence permit before means that a physical immigration file already exists. This triggers a different process for the upcoming relocation with longer processing times.

Ability to travel

Once the employee has travelled to Germany and an application for the final work and residence permit with the responsible immigration office in Germany has been filed, most employees are compliant to stay and work in Germany while their immigration application is being processed by the authorities.

However, employees and their families must understand that there may be a period during this immigration phase during which they can leave Germany but would not be allowed to re-enter after they have left. This could impact business and personal travel plans and is one of the most common causes of anxiety raised by employees.

Immigration process of the family: non-married partners and children of full age

In current German immigration law, only spouses and underage children qualify for dependent permits based on family reunion purposes. The planned reform of the German Residence Act will facilitate obtaining residence permits for parents starting in March 2024. Check out our previous blog post for further details here.

However, non-married couples or those living in a civil union, as well as children 18 years or older, will continue to face challenges as they are usually not eligible for a family reunion permit, but another immigration option and permit type needs to be applied for.

The possibility that a partner or children will not be able to relocate to Germany along with the employee often is a dealbreaker. If already discussed during the recruitment phase, this can be addressed in a transparent and realistic manner. If the employee decides at that point that they do not wish to take on the relocation, the employer has more time to find a replacement.

Integration course completion

In general, spouses are required to successfully complete an integration course in Germany after they have received their initial residence permit. In addition, employees who will be working in Germany can be obliged to do an integration course, too.

Although exemptions can be requested and are often approved, this can be a stressful phase for the employee and their family.

The time and effort for completing an integration course, as well as its costs, often come as a surprise to the employee and their spouse after they have travelled to Germany. It greatly impacts the family life and is one of the most common concerns raised by employees.

The importance of expectation-setting

To summarise, relocating to Germany may cause various challenges and uncertainties. Bringing the expectation-setting step into the recruitment or selection phase already gives both parties more transparency and a common understanding of possible challenges and obstacles during the upcoming immigration process. Providing a realistic picture and essential information to the employee as early as possible helps to avoid stressful situations and misunderstandings during the process.

To do this successfully, a strategic partnership between recruitment, human resources, the mobility department and the external immigration service provider is key for the employee to experience a smooth immigration process. It is crucial that this includes the recruitment and selection phase.

Need to know more?

For questions regarding navigating the German immigration system, please contact Manager Sarah Masak at [email protected].  

This blog was published on 11 September 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.