Recruiting abroad - a remedy for the shortage of skilled labour in the German economy
A major problem facing the German economy is the long-standing shortage of skilled labour. As this shortage cannot be remedied by employing domestic workers, the Residence Act provides various options for bringing qualified workers from abroad to Germany on a short-term basis. Important countries of origin of this labour migration to Germany are, for example, the states of the former Soviet Union, namely the Russian Federation, Belarus, the Republic of Moldova, Ukraine, etc., but also countries in South East Asia, the Philippines, Indonesia, etc. These may be medical professionals (doctors, nurses, midwives, geriatric nurses), craftsmen (drywallers, bricklayers), scientists or other professions.
Introduction to the fast-track procedure for skilled labour
The fast-track procedure for skilled workers is regulated in Section 81a of the Residence Act (AufenthG). This is intended to counteract the shortage of skilled labour in Germany. Compared to the regular procedure, the duration of the fast-track procedure for skilled workers is significantly shorter. This simplifies the process considerably, especially for employers who want to hire skilled workers from non-EU countries.
The fast-track procedure for skilled workers was introduced for the following residence purposes:
Taking up vocational training or in-company further training, § 81a Para. 1 i. in conjunction with § 16a AufenthG
§ Section 16a AufenthG provides for the possibility of a foreigner completing vocational training or in-company further training in Germany. Section 81a para. 1 AufenthG also provides for the possibility of the accelerated skilled labour procedure for this, as the foreigner is a so-called skilled worker within the meaning of the Residence Act after completing vocational training.
Recognition of a foreign professional qualification, § 81a para. 1 i. V. m. § 16d AufenthG
The accelerated skilled worker procedure is also available if a foreigner wishes to have their professional qualification acquired abroad recognised in Germany. The possibility of recognition is regulated in Section 16d of the Residence Act.
Employment of a skilled worker with vocational training, § 81a para. 1 i. V. m. § 18a AufenthG
If an employer wishes to bring a skilled worker with vocational training to Germany for qualified employment, they can also use the accelerated skilled labour procedure.
Employment of a skilled worker with an academic qualification, § 81a para. 1 in conjunction with § 18b AufenthG. in conjunction with § 18b AufenthG
Of course, the accelerated skilled labour procedure was also introduced to bring foreign workers with an academic qualification to Germany and employ them here. This is regulated in § 18b AufenthG.
Employment of a highly qualified specialist with an academic education when a settlement permit is granted, § 81a para. 1 in conjunction with § 18c AufenthG. V. m. § 18c AufenthG
Particularly highly qualified foreigners who are to be employed by an employer in Germany can also be granted a (permanent) settlement permit instead of a (temporary) residence permit. This can also be done as part of the accelerated skilled labour procedure.
Employment of a skilled worker with an academic qualification when an EU Blue Card is issued, § 81a para. 1 in conjunction with § 18g AufenthG. V. m. § 18g AufenthG
A foreign national from a third country who has an academic qualification and reaches certain salary thresholds can be issued a so-called EU Blue Card via the accelerated skilled labour procedure, with which the foreign national can pursue employment in Germany.
Employment of other qualified employees, Section 81a (5) AufenthG
Regarding the application for a residence permit for other qualified employees: This category is defined by law in Section 81a (5) of the Residence Act.
How does the accelerated skilled labour procedure work?
The employer authorised by the foreign national can submit the application for qualified employment in Germany on behalf of their future employee. An application to the foreigners authority by the skilled worker (the foreigner) himself is not provided for in the procedure under Section 81a AufenthG.
Application and documents
This application is submitted to the responsible immigration authority. In Cologne, for example, this is the Cologne district government. Assuming that the accelerated skilled labour procedure for the employment of a qualified foreign worker is carried out as a rule, the following documents, among others, must be submitted:
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- Employment contract or concrete job offer (declaration of employment).
- Proof that the foreign worker can provide for your livelihood and health insurance cover from income without claiming public benefits.
- Authorisation of the employer by the foreign skilled worker to carry out the accelerated skilled worker procedure
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- Passport or passport replacement of the skilled worker
- Copy of the certificate of residence status of the skilled worker currently residing in another EU country
- Proof of adequate pension provision
- If applicable, notification from the competent recognition body of the equivalence of the vocational training completed abroad (if available)
- If applicable, certificate evaluation by the Central Office for Foreign Education on the comparability of the foreign university degree (if available)
- If applicable, notification from the competent authority on the recognition of the foreign university degree for the purpose of employment in a regulated profession (if available)
- If required: licence to practise the profession or confirmation of the granting of a licence to practise the profession
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The submission of the necessary documents can vary considerably depending on the circumstances. In particular, proving the equivalence of the foreign education or foreign academic qualification is always time-consuming and difficult to obtain.
Once all the documents have been submitted, the immigration authority will advise the employer on how to proceed and on the specific evidence that must be submitted. Such a duty to advise stems from § 81a Para. 3 No. 1 AufenthG (but also from § 25 VwVfG).
Result: Agreement between employer and ABH according to § 81a AufenthG
If all the requirements for the accelerated skilled labour procedure are then met, a formal agreement is concluded between the employer and the immigration authority, as described in Section 81a (2) AufenthG.
This agreement contains all the important data for carrying out the accelerated skilled labour procedure and sets out the exact rights and obligations for the employer, the foreigner wishing to enter the country and the immigration authority. In addition, the agreement contains a detailed description of the procedure, including the specific deadlines that must be met. A specific contact person at the immigration authority is also named for the employer.
The duties of the immigration authority arise from Section 81a (3) AufenthG. In addition to the duty to provide counselling described above, it is the duty of the immigration authority,
if necessary, initiate the procedure to determine the equivalence of the professional qualification acquired abroad or to assess the certificate of the foreign university degree with the respective competent authority with reference to the accelerated skilled worker procedure; if the foreigner is to be employed in a profession regulated in Germany, the professional licence must be obtained,
where necessary, the procedure for confirming that the foreigner has
a.) has a foreign professional qualification which is officially recognised by the state in which it was obtained and which requires at least two years of training, or
b) has a university degree that is recognised by the state in which it was obtained,
with a competent domestic authority with reference to the accelerated procedure for skilled workers; if the foreigner is to be employed in a profession regulated in Germany, a licence to practise the profession must be obtained,
to immediately send the acknowledgements of receipt and completeness from the competent bodies to the employer for information if a procedure has been initiated in accordance with number 2; if further evidence is requested by the competent body and upon receipt of the findings made by the competent body, the employer must be invited to hand over and discuss the further procedure within three working days of receipt,
if necessary, obtain the approval of the Federal Employment Agency with reference to the accelerated skilled labour procedure,
inform the competent diplomatic mission or consular post about the foreigner's forthcoming visa application and
if the necessary requirements are met, including the determination of equivalence or comparability of the professional qualification and the approval of the Federal Employment Agency, to immediately approve the visa in advance.
If the competent authority determines by decision that the professional qualification acquired abroad is not equivalent, but equivalence can be achieved through a qualification measure, the procedure pursuant to Section 81a can be continued with the aim of entry for the purpose of Section 16d.
Procedure for the recognition of foreign qualifications
As already mentioned, the responsible immigration authority can initiate the procedure for recognising the professional qualification or assessing the qualification obtained abroad. Experience has shown that this is the longest and most complicated step in the accelerated skilled labour procedure.
The foreigners authority must advise the employer (and the foreigner wishing to enter the country) on the necessary measures, as recognition or assessment of the qualification depends on the foreigner's home country and profession and is not straightforward.
The documents required for this again depend on a wide range of circumstances and once the documents are complete, they are forwarded to the competent recognition authority (e.g. Standing Conference of Ministers of Education and Cultural Affairs, etc.). The recognition authority then has 2 months to decide on the recognition.
Approval from the Federal Employment Agency
If necessary, the approval of the Federal Employment Agency must also be obtained. Section 36 BeschV must be observed here. In the accelerated approval procedure, the Federal Employment Agency must decide within one week, otherwise approval is deemed to have been granted. This is also intended to speed up the procedure.
The form "Declaration of employment", which must be completed by the future employer, plays an important role in this procedure.
Granting of prior consent by the immigration authority, Section 81a (3) (6) AufenthG
If the necessary requirements are met, including the determination of the equivalence or comparability of the professional qualification and the approval of the Federal Employment Agency, the immigration authority should approve the issuing of the visa immediately, i.e. without undue delay.
The original of the so-called pre-consent is then forwarded to the employer, who forwards it to the foreign skilled worker.
Visa procedure abroad
Once the foreign skilled worker has received preliminary approval, the skilled worker can apply for a visa at the relevant German embassy/consulate in their home country.
Measures have also been taken at the relevant diplomatic missions abroad to speed up the entry of skilled workers. So-called fast-track procedures have been introduced, which should result in visas being issued much more quickly. § Section 31a (1) AufenthV stipulates that, in the case of the fast-track procedure for skilled workers, the diplomatic mission abroad (German embassy/German consulate) must offer the skilled worker an appointment to apply for a visa within the next three weeks immediately after submission of the advance approval or transmission of the advance approval by the Central Register of Foreigners and after receipt of the appointment request.
According to Section 31a (2), the decision should then generally be made three weeks after submission of the complete visa application.
Family members of the foreign skilled worker
In order to take account of the wish of most foreign skilled workers to bring their family members to Germany, the accelerated skilled worker procedure also provides for options to enable/simplify family reunification of the skilled worker's spouse or children. This is intended to bind the skilled worker to Germany and facilitate integration. See § 81a para. 4 AufenthG.
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