It has been some time now that Sangong law firm discovered applications and as well extensions for residence permits for Chinese specialty cooks become increasingly more difficult to obtain.
Rejection of approval by the Federal Employment Agency
It is because the responsible department located at the Federal Employment Agency rejects its approval towards the relevant immigration authorities or foreign authorities in a high number of cases due to the fact that it does not recognize the conditions of a specialty restaurant to be fulfilled by law.
Reasons for rejection
The Federal Employment Agency points to a new administration instruction (“Weisungslage”) in many cases. According to that new administration instruction, buffet restaurants with a general Asian style may not to be considered specialty restaurants any more. This affects also Chinese restaurants which do not only offer Chinese cuisine but also Vietnamese, Thai and/or other Asian cuisines. Thus, the Federal Employment Agency turns against its previous administration instructions to which the focus of the offered meals was crucial to confirm a restaurant to be a Chinese specialty restaurant or not.
Current state of affairs
Actually, a new administration instruction, although several times announced by the Federal Employment Agency, has not been published so far (status September 2018).
Further, such a new administration instruction should not match with the appropriate law (Beschäftigungsverordnung / Employment Ordinance), which enjoys higher priority than the administration instruction.
It is important for a gastronomic company to be qualified as a specialty restaurant by law, that it is indeed a restaurant in the classical meaning. Thus, a place where dishes are served and in which the customer in general is able to rest for a while.
But in addition, rather higher requirements have to be made to run a specialty restaurant than an ordinary restaurant.
The administrative court of Munich justifies this with the necessity of the specialty restaurant having a specific need for foreign specialty cooks. By this the administrative court explains that the selection of offered foods need preparation by a foreign cook, who is not easy to find in the German labor market.
Besides the selection of offered foods, the conditions of the premises and its design are important for a specialty restaurant to be qualified as a such.
For Chinese gastronomy in Germany it is already very difficult, to find specialty cooks in China, who are willing to work up to four years abroad.
The current situation is causing the already tense situation of Chinese gastronomy in Germany to become even more acute. The acute shortage of staff has already reached existential impacts in many cases for restaurant owners.
Sangong law firm recommends owners of Chinese restaurants to not accept rejections of the Federal Employment Agency’s responsible department just like that.
There are legal ways, which can as well be enforced by court if necessary, to get an official confirmation as a specialty restaurant by the Federal Employment Agency, so that a gastronomic company will be accepted as a proper workplace for a Chinese cook.
It is important during the application or extension procedure for a residence permit of a Chinese specialty cook to accompany the procedure from a very early stage by a law firm which has knowledge and years of experience in this area.
Legal support is even more important in cases, in which already a rejection took place.
Sangong law firm is legal partner of the Chinese gastronomy in Germany for many years. The specialization of Sangong law firm associated with an extraordinary engagement, deep knowledge of the relevant legal regulations and years of experience is an extraordinary benefit for its clients.
It is an essential element of Sangong law firm’s conviction, that our business clients are able to solely focus on the management of their company, while we take care of a comprehensive enforcement of our clients’ interests.
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