The German job market in 2026 is now fully digital. Old ways of checking documents are not good enough anymore. The Federal Customs Authority (FKS) has added 900 new inspectors this year. Fines for illegal work can reach up to €500,000. This makes checking workers very important for employers.
Starting January 1, 2026, a new law called § 45c AufenthG changes things. Now, the employer must prove everything is correct. Checking is not just looking at a passport. It is a step-by-step process that starts before the worker comes to Germany.
Pre-Hiring: The Digital Authorization Phase
Before you can hire someone from outside the EU, your HR team must use the “Digital Consulate” system. In 2026, the Consular Services Portal is the main way to check documents.
This image shows a step-by-step flow from degree checks to pre-approval.
What You Need to Do
- Vorabzustimmung (Pre-Approval): For skilled workers, good employers ask for this from the Federal Employment Agency (BA). It helps avoid long waits for visas.
- ANABIN/ZAB Equivalence Check: You must check if the candidate’s degree is the same as a German one. Use the Anabin database. If the university is not in Anabin, you need a ZAB Statement of Comparability. This is required by law.
- Erklärung zum Beschäftigungsverhältnis: This is a “Declaration of Employment” form. It is very important. If the salary or job details on this form are different from the final contract, even a little, the immigration office may find a problem during checks.
These steps happen before the person signs the contract. They help make the visa process faster and safer. Many companies make mistakes here because they rush. Taking time to do it right saves problems later.
Onboarding: The New § 45c “Information Duty”
The biggest change in 2026 is the § 45c AufenthG law. It is called the “Information Duty”. This law protects foreign workers from bad treatment. It makes sure they know their rights from the first day.
Key Rules for Onboarding
- The First Working Day Deadline: You must give written information about work rights to the employee on or before their first day of work. This is the law.
- Faire Integration Advice Service: You must include contact information for this government service in the onboarding papers.
- Bilingual Onboarding Packet: It is best to use information sheets in two languages. This helps the worker understand everything clearly.
- Proof of Acknowledgment: Just giving the papers is not enough. You need the employee to sign that they received and read them. You can use paper or digital signature.
This creates proof that you followed the rules. It protects your company if there is an audit later.
Many HR teams now use simple templates for this. They make a packet with all the needed information. The worker signs it on day one. This small step can save big fines.
Physical Verification: Checking the eAT
When the employee arrives in Germany, you check their right to work in person. You look at the Electronic Residence Permit (eAT). This is a plastic card.
Information on the Electronic Residence Permit (eAT) | VISAGUARD This image shows an example of the German Electronic Residence Permit (eAT) card.
Important Checks
- “Remarks” Section Check: Do not only look at the end date on the card. Check the green supplement paper or the remarks. It must say “Erwerbstätigkeit gestattet”. This means “Employment permitted”.
- 3-Year Retention Rule: By law (§ 4a para. 5 no. 2 AufenthG), you must keep good copies of the eAT and passport. Keep them during the job and for three more years after it ends.
- VIDEX Data Comparison: Compare the information on the card with the first visa application. This finds any mistakes from the office.
Risk Alert: If you do not keep a copy of the residence permit, it is a separate mistake. You can get a fine even if the worker has the right to work.
Physical checks are simple but easy to forget details. Train your HR team to always check the remarks and make high-quality copies.
Ongoing Enforcement: The €500k Compliance Gap
In 2026, the FKS does “Real-Time Audits”. They check social security records with immigration data right away.
Your Ultimate HR Compliance Checklist for 2026 – AIHR This image shows an HR compliance checklist that can help with verification.
What to Watch For
- Notification Duty: If the worker’s contract ends early, you must tell the immigration office within four weeks. Missing this is a common reason for fines.
- Workplace Raids: Inspectors can come to your office and give fines on the spot.
- The “Blacklist” Penalty: If your company makes big mistakes, you cannot get government contracts or help for up to five years.
Ongoing checks mean compliance never stops. Good companies set up systems to remind them of duties.
Interactive: Is Your Verification Process Audit-Ready?
Take this quick check. It takes 30 seconds:
- Do you have a signed § 45c acknowledgment for every hire in 2026? (Yes/No)
- Is your system for keeping eAT copies automatic for 3 years after the job ends? (Yes/No)
- Do you check salary rules with ZAV every January? (Yes/No)
If you said “No” to any question, your company has high risk for a § 404 SGB III fine. This simple check helps many HR teams find weak spots fast.
Conclusion: Verification as a Strategic Asset
In 2026, Germany needs talented workers from around the world. But verification mistakes can delay visas and lose good candidates.
When you make standard forms for the Declaration of Employment and set alerts for notifications, you avoid fines. You also become a top choice for international workers.
Companies that do this well hire faster and build a good name. Would you like me to generate a custom 2026 Employer Verification Checklist PDF that your HR team can use for every new international hire?
Disclaimer: This article is for information and education only. Please check details with official sources like the Federal Employment Agency (BA) or a German immigration expert before hiring.