With the Skilled Labour Immigration Act, which came into force in March 2020, and the implementation of the requirements of Directive (EU) 2021/1883, the legislator has created numerous new regulations with regard to labour migration.
According to the law, the following persons count as "skilled workers":
- Skilled workers with vocational training (§ 18a AufenthG)
- Skilled workers with an academic qualification (§ 18b AufenthG)
- Researchers (§ 18d AufenthG)
- EU Blue Card (§ 18g AufenthG)
The new regulations include the accelerated skilled labour procedure pursuant to Section 81a AufenthG.
The accelerated procedure for skilled workers under Section 81a AufenthG is intended to offer employers and skilled workers a faster and more effective procedure for entering Germany in the context of labour migration. The accelerated procedure under Section 81a AufenthG is an alternative to the regular application procedure.
In the accelerated procedure under Section 81a of the Residence Act, the following applications for visas in particular are to be examined and decided on an accelerated basis:
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- Taking up vocational training in accordance with § 16a AufenthG
- Residence for the recognition of foreign professional qualifications in accordance with § 16d AufenthG
- Residence for employment as a skilled worker with vocational training in accordance with Section 18a AufenthG
- Residence for employment as a skilled worker with an academic qualification in accordance with Section 18b AufenthG
- The settlement permit as a highly qualified skilled worker in accordance with Section 18c AufenthG and other qualified employees (Section 18c (5) AufenthG)
At the same time, decisions on visa applications for family reunification in accordance with Sections 29, 30 and 32 of the Residence Act (spouses and unmarried minor children) are to be made in an accelerated procedure in accordance with Section 18a (4) of the Residence Act if the visa applications are submitted at the same time.
The procedure
The employer authorised by the foreign national can submit the application for qualified employment in Germany on behalf of their future employee. An application by the skilled worker himself is not provided for in the procedure under Section 81a AufenthG.
The aim of the application is to obtain the prior approval of the central immigration authority and the domestic authorities to be involved for the issuing of a visa in accordance with Section 31 (3) AufenthV.
The procedure under Section 81a AufenthG also requires an agreement on the mutual obligations and duties between the competent immigration authority and the employer. For example, the foreigners authority should be authorised by the employer to initiate and conduct the procedure to determine the equivalence of professional qualifications acquired abroad. In turn, the employer undertakes to work towards compliance with the foreigner's obligation to co-operate in accordance with Section 82 (1) sentence 1 AufenthG.
The competent immigration authority then checks the conditions for granting the permit to be clarified in Germany and acts as an interface with the other authorities to be involved in the procedure.
As soon as all the requirements to be checked have been met, the immigration authority will approve the issuing of the visa in accordance with Section 31 (3) AufenthV as part of the preliminary approval process. It also informs the competent diplomatic mission abroad about the foreigner's application.
As a result, the foreign representation (embassy or consulate) is also obliged to speed up appointments and decisions.
Pursuant to Section 31a (1) AufenthV, the diplomatic mission or consular post should then give the foreigner an appointment to apply for a visa in person within three weeks and, pursuant to Section 31a (2) AufenthV, should generally make a decision within three weeks.
A further detailed description of the accelerated skilled labour procedure can be found here
Fees
Fees of EUR 411.00 are charged for the accelerated skilled worker procedure pursuant to Section 81a AufenthG in accordance with Section 47 (1) No. 15 AufenthV.
A fee of EUR 75.00 is charged for the regular application procedure for issuing the visa in accordance with Section 46 (2) No. 1 AufenthV.
