Residence permit for skilled workers according to § 18a AufenthG (skilled workers with vocational training) and 18b AufenthG (skilled workers with academic training)

Article updated in November 2023 and March 2024 due to the implementation of the requirements of Directive (EU) 2021/1883 by the German legislator

The German economy continues to need skilled workers and is no longer finding enough on the national and European labour market. It is therefore increasingly reliant on skilled labour from third countries to meet its needs. Until now, however, these have had to overcome high hurdles in order to obtain a residence and work permit. The Bundestag has therefore passed the Skilled Immigration Act (FEG), which aims to facilitate the integration of international skilled workers into the German labour market. In addition to ensuring a sufficient number of skilled workers, it is also intended to help strengthen the social security systems with new employees. To this end, sections 18a to 18g of the Residence Act (AufenthG) have been revised. They regulate the granting of residence permits for skilled workers with professional qualifications and academic training. The content of these two sections is outlined and explained in more detail below.

§ Section 18 a AufenthG - Residence permit for skilled workers with vocational training

18a AufenthG gives the authorities the option of issuing a residence permit to a foreign skilled worker with vocational training so that they can pursue qualified employment.

What is a "skilled worker with vocational training"?

Pursuant to Section 18 (3) No. 1 AufenthG, a skilled worker with vocational training is any foreigner who has completed qualified vocational training in Germany or has a professional qualification that is equivalent to qualified vocational training in Germany. According to § 2 Para. 12a AufenthG, domestic qualified vocational training is vocational training that has taken place in a state-recognised or comparable training occupation and lasts at least two years. A list of state-recognised training occupations can be found at

https://www.bibb.de/dienst/publikationen/de/19128

However, the vocational training does not have to have taken place in Germany. An equivalent foreign qualification is also sufficient. It is equivalent if it does not differ significantly from the German training. A diploma or certificate is important as proof of training and must be recognised in Germany. Further information on the recognition of a foreign professional qualification can be found at https://www.anerkennung-in-deutschland.de/html/de/index.php

Previously, proof of training required a diploma or certificate that had to be recognised in Germany. However, since March 2024, there has been an additional option for skilled workers with a foreign vocational or university degree and professional experience without the need for a formal recognition procedure (only for non-regulated professions).

To summarise, you are a skilled worker with vocational training if you:

• • • Foreigners from a non-EU country are
    • Have completed at least 2 years of German or foreign vocational training
    • The foreign vocational training has been officially recognised (certificate important!)

For a residence permit in accordance with Section 18a AufenthG, it was previously important that the skilled worker in Germany was in qualified employment in which they had also been trained. On the one hand, it had to be an occupation that could only be carried out with the appropriate training, and on the other hand, the occupation had to be pursued.

From March 2024, there will no longer be a fixed link between the job held and the original qualification. Skilled workers with proven training may now also work in other specialist areas as long as they are qualified positions. If offered such employment, people with completed vocational training will receive a residence permit in accordance with Section 18a AufenthG, while people with an academic qualification will be treated in accordance with Section 18b AufenthG. It is permitted to take on any qualified position, regardless of the original qualification.

What other requirements must be met in order to obtain a residence permit under Section 18a AufenthG?

The other requirements for a residence permit for a skilled worker with vocational training can be found in sections 5 and 18 of the Residence Act. They read as follows:

• • • Proof of livelihood
    • Proof of identity (identity documents, birth certificate, etc.)
    • Valid passport
    • Concrete job offer
    • Approval of the Federal Employment Agency (unless exempt from approval)
    • Practising licence (if required)
    • Determination of equivalence (if required)
    • Written declaration of intent by the employee and employer. This means that bogus employment can be prosecuted under criminal law.
    • With over 45 years oldwhich are first time receive a residence permit, the monthly salary must also be at least € 4,015 gross (as of 2023) or proof of a secure pension scheme must be provided
    • There must also be no interest in deportation
    • Priority check for trainees no longer required.

How long is the residence permit valid for?

Pursuant to Section 18 (4) AufenthG, the residence permit for 4 years issued. However, if the employment contract is for a shorter period, the residence permit will only be issued for the duration of the employment relationship (plus three months).

§ Section 18b AufenthG - Residence permit for skilled workers with an academic qualification

Section 18a (1) AufenthG gives the authorities the option of issuing a residence permit to a foreign skilled worker with an academic qualification so that they can pursue qualified employment.

What is a "specialist with academic training"?

According to § 18 Para. 3 No. 2 AufenthG, a skilled worker with academic training is any foreigner who holds a German, a recognised foreign or a foreign university degree comparable to a German one. The university degree can be from a university or a university of applied sciences. Under certain circumstances, training programmes may also be considered if they are equivalent to a university degree. In addition to German degrees, foreign university degrees are also accepted. You can find out whether your foreign university degree is also accepted at https://anabin.kmk.org/no_cache/filter/hochschulabschluesse.html

It requires none Recognition procedure of the university degree, under certain circumstances only the comparability must be proven.

To summarise, you are a specialist with an academic qualification if you:

• • • Foreigners from a non-EU country are
    • Have a German or foreign recognised or comparable university degree (university, university of applied sciences, possibly a university of cooperative education)

For a residence permit in accordance with Section 18 b (1) AufenthG, it is also important that the skilled worker is in qualified employment in Germany in which they have also been trained. On the one hand, it must therefore be an occupation that can only be carried out with a corresponding qualification, and on the other hand, the occupation must be pursued in this way. A trained doctor may not, for example, work as a lawyer in Germany, even though this is a qualified occupation. Rather, he must work as a doctor in Germany because he is trained in this profession. In this case, however, he could also work as a nurse, as he is appropriately qualified, even if he were employed below his qualification level.

What other requirements must be met in order to obtain a residence permit in accordance with Section 18 b (1) AufenthG?

The other requirements for a residence permit for a skilled worker with an academic qualification can be found in sections 5 and 18 of the Residence Act. They read as follows:

• • • Proof of livelihood
    • Proof of identity (identity documents, birth certificate, etc.)
    • Valid passport
    • Concrete job offer (there must be a binding job offer for qualified employment. This offer must meet the requirements of the German labour market).
    • Approval from the Federal Employment Agency
    • With over 45 years oldwhich are first time receive a residence permit, the monthly salary must also be at least €4,015 gross (as of 2023) or proof of a secure pension scheme must be provided
    • There must be no interest in expulsion
    • Previously, a settlement permit for skilled workers from abroad was possible after 4 years, but since March 2024 this has also been possible after 3 years.

How long is the residence permit valid for?

Pursuant to Section 18 (4) AufenthG, the residence permit for 4 years issued. However, if the employment contract is limited in time, the residence permit will only be issued for the duration of the employment relationship (plus three months). The duration of the residence permit also depends on the passport presented by the skilled worker. This is because the period of validity of the residence permit may never exceed the period of validity of the passport on which it is based.

Changing tracks for skilled workers who have come to Germany through asylum migration

On 23 December 2023, a further rule change came into force that enables a change of lane from a withdrawn asylum application in accordance with Sections 18a or 18b of the Residence Act:

A change of track is possible if you already have a residence title and no asylum application has been definitively rejected beforehand. Unless the residence title was issued in accordance with § 104c AufenthG, in which case no change is possible.

A change of lane is also possible if the entry took place before 29 March 2023 and the asylum application or the asylum application was withdrawn during the ongoing legal proceedings (in both cases at the Federal Office for Migration and Refugees) (see Section 10 (3) sentence 5 of the Residence Act). However, no change is possible if a subsequent application was submitted and withdrawn after the initial application was finally rejected.

This applies exclusively to titles pursuant to Sections 18a (skilled workers with vocational training), 18b (skilled workers with academic training) and 19c para. 2 (foreigners with extensive practical professional knowledge) of the Residence Act. The possibility of changing from asylum migration to a residence title for gainful employment is linked to the condition that the asylum application is withdrawn. At the same time, other options for changing tracks from an ongoing or withdrawn asylum procedure, which were previously permitted, are now excluded by law.

§ Section 18g AufenthG - EU Blue Card for skilled workers with an academic qualification

Skilled workers with an academic qualification in accordance with Section 18b of the Residence Act can also apply for an EU Blue Card if they fulfil certain requirements. The EU Blue Card in accordance with Section 18g of the Residence Act was specifically designed as an incentive for highly qualified skilled workers, whereby the annual salary plays a greater role than the actual qualification. The minimum annual salary is set annually by the Federal Ministry of the Interior and amounts to 45,300 euros for 2024.

The EU Blue Card offers various advantages:

• • Easier visa application process.
  • Possibility to change jobs without the approval of the Federal Employment Agency. The foreigners authority only needs to be informed.
  • Shortened waiting period until obtaining a settlement permit.
  • Possibilities for family reunification without language requirements for the spouse.
  • Facilitation of internal migration within the EU.

There are currently 4 types of EU Blue Card:

1. EU Blue Card, Section 18g (1) sentence 1 AufenthG

Professionals with an academic education who receive 50% of the annual contribution assessment ceiling in the general pension insurance scheme.

2 EU Blue Card for shortage occupations, Section 18g (1) sentence 2 no. 1 AufenthG

In professions where there is a particular shortage, such as mathematics, computer science, natural sciences, engineering and human medicine, a slightly reduced annual minimum salary of 45.3% of the annual contribution assessment ceiling for the general pension insurance applies.

3 EU Blue Card for young professionals, Section 18g (1) sentence 2 no. 2 AufenthG

The Blue Card for young professionals pursuant to Section 18g (1) sentence 2 no. 2 AufenthG is issued to young professionals who have completed their university degree no more than 3 months before submitting their application and who can also demonstrate a minimum annual salary of 45.3% of the annual contribution assessment ceiling in the general pension insurance scheme.

4 EU Blue Card for graduates of tertiary education programmes, Section 18g (2) AufenthG

The EU Blue Card for graduates of tertiary education programmes (e.g. technical specialists, commercial specialists, specialists who have completed a master craftsman's examination, educational specialists and therapeutic specialists) is intended to offer those experts the opportunity of an EU Blue Card who do not fulfil the requirements of § 18b AufenthG, but who can optimally support the German economy due to their tertiary education as well as their professional experience and skills. An overview of the different types of EU Blue Card can be found here:

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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