AÜG License: documents required for foreign companies

A company based outside Germany can apply for a temporary work Permit. In order to obtain it, it has to present documents and evidence to support its application.

In general terms, foreign companies are obliged to provide the following documents and evidence:
• Certificate of good conduct for all managing directors to be presented to the competent authorities;
• Extract from the Commercial Register of all the managing directors (natural person) for presentation to the Authorities (GZR 3);
• Extract from the company's commercial register (legal person) for presentation to the authorities (GZR 4).
Applicant companies located outside Germany must file an online application with the Federal Office of Justice. Proof of the application must be provided.
• Credit reliability in the amount of 2,000.00 Euro per temporary worker, but always at least 10,000.00 Euro;
• Preliminary employment contract for temporary workers;
• Draft temporary employment contract;
• Declaration that there is no temporary work in the home country (self-certification);
• Extract from the Commercial Register or Constitution Act.
For some countries - including Slovenia, Spain and Portugal - the foreign company has to produce additional documents.

SLOVENIA:
• Updated certificate (Potrdilo) of the Slovenian Financial Administration (Ministrstvo za finance) in copy on tax secrecy and mandatory taxes;
• Proof / Declaration in copy that the Slovenian permit / certificate is still valid;
• If necessary, information on the competent German financial office;
• Certificate (Potrdilo) from the Slovenian criminal record (Ministrstvo za Pravosodje) updated for the Legal Representatives;
• Certificate (Potrdilo) of the criminal record (Ministrstvo za Pravosodje) for the Legal Person.

SPAIN:
• Extract from the Spanish criminal record for all managing directors;
• Certificate of the status of the payment of the Spanish social security contributions;
• Tax certificate from the Spanish Financial Administration.

PORTUGAL:
• Extract from the Portuguese criminal record for all managing directors (natural person);
• Extract from the Portuguese criminal record for the company (legal person);
• Certificate of conformity by the Portuguese social security system;
• Certificate of Portuguese tax compliance.
The duration of the procedure is approximately 12 weeks from receipt of the application.
All documents that are not issued in German must be sent together with a certified German translation.
Additional documents may be requested during the procedure.