Important note: This post is for general information purposes only and does not constitute a job offer, employment placement, recruitment, or legal advice. TalentOrbit International GmbH does not actively recruit or privately place healthcare or nursing staff from Pakistan for employment in Germany as long as Pakistan is listed in Annex 1 of § 38 BeschV. For binding information, employers and skilled workers should contact the Federal Employment Agency or seek qualified legal advice.
The question of whether and how nursing staff from Pakistan can work in German clinics and care facilities is legally clearly regulated – and surprisingly strict for many employers and private recruiters. Pakistan is one of the countries for which German law provides a general ban on private recruitment and job placement in health and nursing professions. This article explains the legal framework, the consequences for private recruiters and employers, and the position of TalentOrbit International GmbH.
The basis for the Annex to Section 38 of the Employment Ordinance is the World Health Organization's (WHO) „Health Workforce Support and Safeguards List.“ In it, the WHO identifies states with a critical shortage of health personnel, from which recruitment by other countries should be avoided. The goal is to protect the health systems of these states from the emigration of qualified professionals. Germany is thus implementing the WHO's global code of practice on international recruitment of health personnel.
Pakistan is explicitly listed as a listed country in the current annex to Section 38 of the BeschV. Therefore, Pakistani citizens or skilled workers residing in Pakistan in health and nursing professions fall under the recruitment and placement monopoly of the Federal Employment Agency.
The Federal Employment Agency interprets the terms „recruitment“ and „employment placement“ broadly. According to Section 38 of the BeschV, the following are prohibited in particular:
Violations of § 38 BeschV constitute an administrative offense pursuant to § 39 BeschV in conjunction with § 404 paragraph 2 number 9 SGB III. According to § 404 paragraph 3 SGB III, such administrative offenses can be penalized with a fine of up to 30,000 Euros. The prohibition covers both the placement in employment and training relationships. It is directed not only at placement agencies but also at employers who actively recruit in the listed country themselves without involving the Federal Employment Agency.
TalentOrbit International GmbH strictly adheres to the provisions of § 38 BeschV. As long as Pakistan is listed in the annex to § 38 BeschV, TalentOrbit offers the following services with regard to Pakistan: not an:
This post is not an invitation to apply and not a solicitation for professionals in Pakistan to contact TalentOrbit.
The following information is for informational purposes only. It does not constitute an invitation to apply and does not replace individual legal or recognition advice.
To practice a regulated healthcare and nursing profession in Germany, recognition of your foreign qualification is generally required. Depending on the federal state and profession, different recognition authorities are responsible. In addition, there are language requirements (typically German at level B2 according to the Common European Framework of Reference for Languages in nursing) as well as residency requirements according to the Residence Act and the Employment Ordinance.
These general requirements apply regardless of Section 38 of the Residence Ordinance. However, they say nothing about whether the path to Germany is permitted for a skilled worker from a listed country via private intermediaries. For countries listed in the Annex to Section 38 of the Residence Ordinance, the Federal Employment Agency remains the sole responsible body for recruitment and placement. To the extent that bilateral placement agreements exist – for example, within the framework of the „Triple Win“ program – these are implemented exclusively by the Federal Employment Agency in cooperation with state partners. Pakistan is not currently part of such a program.
For clinics, nursing homes, and other healthcare providers, § 38 BeschV results in the following practical recommendations:
Before any international recruitment campaign, it should be checked whether the target country is listed in the current version of the Annex to Section 38 of the BeschV. The Annex is periodically adjusted to the WHO list, most recently based on the WHO's „Health Workforce Support and Safeguards List, 2023". The current version can be accessed at www.gesetze-im-internet.de.
If the target country is listed, the employer is not allowed to recruit independently there or hire a private employment agency for this purpose. The only permissible method is through the Central Foreign and Specialist Placement Service (ZAV) of the Federal Employment Agency and the programs it supports.
When collaborating with private recruitment agencies, it is advisable to clarify in writing which countries candidates come from and how they were identified. Thorough documentation protects against penalty risks according to § 39 BeschV and § 404 SGB III.
Binding information on § 38 BeschV, the annex, and the federal employment agency's recruitment and placement monopoly can be found at the following sources:
Can private agencies place nurses from Pakistan in Germany? No. As long as Pakistan is listed in Annex § 38 BeschV, recruitment in Pakistan and placement from Pakistan for employment in health and nursing professions may only be carried out by the Federal Employment Agency. Private placement is prohibited.
Can employers directly advertise positions in the healthcare and nursing sector to applicants in Pakistan? No. The Federal Employment Agency has a broad interpretation of the term "recruitment." Advertising measures, social media campaigns, or events specifically targeting individuals in Pakistan also fall under the prohibition in Section 38 of the Employment Opportunities Act (BeschV). Violation constitutes a regulatory offense, which can be punished with a fine of up to 30,000 euros.
Does TalentOrbit provide nurses from Pakistan? No. TalentOrbit International GmbH does not recruit or provide employment services for nursing and healthcare personnel from Pakistan as long as Pakistan is listed in the annex to Section 38 BeschV. This post is not a job offer or an invitation to apply for professionals in Pakistan.
What should employers do if they are unsure whether a country is listed? The current version of the annex to § 38 BeschV can be viewed at www.gesetze-im-internet.de. The Federal Employment Agency also provides an overview of the recruitment and placement ban at www.arbeitsagentur.de. In case of doubt, legal advice is recommended before commencing recruitment activities.
What happens if Pakistan is removed from the list in the future? The Annex to § 38 BeschV is periodically adapted to the current WHO „Health Workforce Support and Safeguards List“. Should Pakistan no longer be listed in the future, recruitment in Pakistan and placement of workers from Pakistan in the health and care sector would again be permissible under German law. The legal status must therefore be checked regularly. A change in the legal situation is to be assessed exclusively based on the respective current status of the Annex to § 38 BeschV and the WHO list.
German clinics, care facilities, and providers planning international recruitment should check applicable country restrictions before each campaign. TalentOrbit supports employers with general recruitment strategy and compliance checks, but does not conduct recruitment or placement from countries where this is restricted according to § 38 BeschV.
This post was created for informational purposes only and reflects the legal situation at the time of publication. It does not replace individual legal advice or binding information from the Federal Employment Agency. Changes to the annex to § 38 BeschV and the WHO „Health Workforce Support and Safeguards List“ are possible; the currently applicable version is always decisive. TalentOrbit International GmbH assumes no liability for the accuracy, completeness, or timeliness of this information. Legally binding advice remains the prerogative of qualified legal counsel and the responsible authorities.