Germany: third country truck drivers under 24a BeschV

The Federal Employment Agency may approve the employment of third country nationals as professional drivers in goods haulage or bus passenger transport under section 24a BeschV. Approval runs for up to 15 months. Within that period the German licence and qualification must be obtained and the documents issued.

Where section 24a BeschV approval fails

The most common failure sits in the calendar rather than in the application. A driver with a third country C+E licence takes ordinary residence in Germany. Under section 29(1) FeV that licence may be used for six more months. After that it no longer counts in Germany.

Section 24a BeschV approval is built for this transition: it assumes the driver acquires the requirements for the profession in Germany. If the licence and qualification are not in place after 15 months, the basis for the employment ends. Between the sixth month and the issue of the German licence the driver also cannot be put behind the wheel. Planning therefore starts on the day residence is taken, before the driver's first shift.

The timeline in months

The periods in section 24a BeschV and section 29 FeV run in parallel. The table counts them from the start of residence in Germany.

The section 29(1) FeV extension rarely helps a permanent hire, because it requires residence of no more than twelve months. For the employer the six month period is the one that counts. The extension of approval by up to six months is an individual exception and should not be planned for.

Where the licence is not in German, was issued outside the EU, EEA and Switzerland and does not match Annex 6 of the 1968 Convention, section 29(2) FeV requires a translation. It must come from a recognised automobile club of the issuing state or a body named by the federal transport ministry.

What the contract and job offer must contain

Section 24a(2) BeschV sets requirements for the contract and the working conditions as well as for the driver. The Federal Employment Agency's review, described in the approval and priority check guide, covers these points:

1. The employment contract obliges the driver to take part in measures to acquire the requirements for the profession.
2. The working conditions allow the licence and qualification, including issue of the documents, to be obtained within 15 months.
3. A concrete job offer as a professional driver with the same employer exists for the period after they are obtained.
4. The driver proves a licence valid in the home country for work as a professional driver.

Section 9 BeschV does not apply to holders of a residence permit for employment under section 24a(1) or (2) BeschV. For drivers from the Western Balkans, the Western Balkans regulation route is an alternative.

Employer duties during employment

The ongoing duties under section 4a(5) AufenthG start with entry. The employer checks the residence title, keeps a copy for the duration of employment and reports early termination to the foreigners authority within four weeks. Under a section 24a BeschV approval this reporting duty also applies where employment ends because the licence or qualification was not obtained.

For workforce planning, driving school and licensing authority dates are best fixed before month 6, with tests scheduled so that a resit still fits before month 15. The text is in section 24a BeschV and section 29 FeV. Open driver positions are listed on the job board.