Apply for an accelerated skilled worker procedure
Source: BUS Rheinland-PfalzIn order to shorten the entry procedure, you as an employer can apply for the accelerated skilled worker procedure on behalf of your future worker. The accelerated skilled worker procedure is aimed at foreigners who wish to enter Germany for a specific purpose of residence (e.g. for the purpose of recognising foreign professional qualifications or exercising qualified employment as a skilled worker) as well as their accompanying family members if the entry takes place in a temporal context. The temporal connection is given if the entry of family members takes place no later than six months after the entry of the skilled worker.
The accelerated skilled worker procedure is a voluntary offer. By law, the regular entry procedure is still open to you and your specialist.
The implementation of the accelerated procedure for skilled workers does not guarantee the issuance of a visa by the German mission abroad.
- If you have any questions about the accelerated procedure for skilled workers, please contact the local immigration office and ask for a consultation. The Foreigners' Registration Office will advise you on the procedural steps as well as the necessary involvement of other bodies.
- The Foreigners' Registration Office at the location of the permanent establishment where you want to deploy your specialist is responsible, unless a central Foreigners' Registration Office has been set up in your federal state
- In order to apply for the accelerated skilled worker procedure, you need a power of attorney from your future specialist. A sample power of attorney can be found under "further information"
- Depending on the immigration office and the request, it may be possible to apply via the Internet. Find out whether your Foreigners' Registration Office offers the electronic application for a residence permit.
If the application is only possible in person, make an appointment with the Foreigners' Registration Office.
- In order to carry out the procedure, you conclude a corresponding agreement with the Foreigners' Registration Office, which includes, among other things, your obligations as an employer, those of the skilled worker and the authorities involved (Foreigners' Registration Office, Federal Employment Agency, recognition bodies, German mission abroad). In addition, you will receive a description of the procedures, including the names of the parties involved, the evidence to be provided and the deadlines. When concluding the agreement, you have to pay the fees of 411 euros.
- If necessary, the Foreigners' Registration Office initiates the procedure for the recognition or equivalence check of the foreign qualifications and sends the application and necessary documents to the competent authority. The competent authorities should decide on recognition within two months of the complete application documents being submitted. If documents are still missing, the Foreigners' Registration Office will contact you.
- If necessary, the Foreigners' Registration Office initiates the approval procedure of the Federal Employment Agency after successful completion of the recognition procedure. If the Federal Employment Agency does not provide feedback within one week, approval is deemed to have been given.
- If all requirements are met, including the determination of equivalence or comparability of the professional qualification as well as the approval of the Federal Employment Agency, the Foreigners' Registration Office will approve the issuance of the visa and hand it over to you for forwarding to the skilled worker abroad.
- The foreign skilled worker must present the preliminary approval to the diplomatic mission abroad and thus receives an accelerated appointment to apply for the visa. This must take place within three weeks. After the complete visa application has been submitted on the scheduled date, a decision on the application is usually made within three weeks.
- The procedure can also be applied to family reunification of spouses and children, provided that the applications for this are submitted in a temporal context (i.e. within 6 months of the entry of the skilled worker)
For the accelerated skilled worker procedure:
Foreigners' authority at the place of the permanent establishment where the foreigner is to be employed, unless a central office has been set up to carry out the procedure.
For the accelerated skilled worker procedure:
Foreigners' authority at the place of the permanent establishment where the foreigner is to be employed, unless a central office has been set up to carry out the procedure.
- The foreign worker has a recognized and valid passport or passport substitute. In the case of family reunification, family members must also present valid passports.
- The entry of the foreign worker is for a specific purpose of residence (for the purpose of vocational training, the recognition of foreign professional qualifications, for the exercise of qualified employment as a skilled worker)
The procedure can also be applied for other qualified employment purposes (e.g. for the purpose of research or for employment as an IT specialist)
- There is an employment contract or a specific job offer (the "Declaration on the Employment Relationship" serves as proof of the specific job offer, see under "Further information")
- No visa application has yet been submitted in the country of origin by the foreign worker. This also applies to spouses and children who wish to relocate to Germany together with the worker or later as part of family reunification.
- The foreign worker can secure your livelihood and health insurance coverage from income without using public services.
- The foreign worker has issued you with a power of attorney to carry out the accelerated skilled worker procedure. If family members of foreign workers also want to use the procedure, they must also issue a power of attorney.
In principle, you can also commission third parties (such as a law firm) to carry out the procedure by means of sub-powers of attorney. The professional and their family members must also authorize you to do this.
You have concluded an agreement with the competent immigration authority to carry out the accelerated skilled worker procedure
- Proof of the authorization of the employer by the specialist and, if applicable. Proof of sub-authorization
- Passport or passport substitute of the skilled worker
- Copy of the certificate of residence status of the skilled worker in the case of current residence in another EU state
- Proof of adequate retirement provision
- If applicable, notification from the competent recognition authority on the determination of the equivalence of the vocational training completed abroad (if available)
- If applicable, certificate evaluation of the Central Office for Foreign Education on the comparability of the foreign university degree (if available)
- If applicable: Notification of the competent authority on the recognition of the foreign university degree for the purpose of employment in a regulated profession (if available)
- If necessary: Licence to practise or confirmation of the issuance of a licence to practise
If necessary, the competent immigration authority initiates the procedure for determining the equivalence of the professional qualification acquired abroad or for evaluating the certificate of the foreign university degree. In order to carry out the procedure, the following evidence must be submitted:
- Proof of training in the original language and in German translation as a copy
- Curriculum vitae in tabular form (in German) from the beginning of the relevant training: with a complete list of the training and further education courses completed as well as all gainful employment carried out
- If available: Proof of relevant professional experience in the original language and in German translation as a copy (e.g. job references, workbooks, letters of reference)
- If available: other certificates of competence in the original language and in German translation as a copy (e.g. certificates and certificates of further training, courses, courses, language level)
- A declaration signed by the expert in German stating that no application for a determination of equivalence has yet been filed in the Federal Republic of Germany
- If the name according to the passport differs from the name on the training certificate: Proof of name change in the original language and in German translation as a copy.
If necessary, the competent immigration authority obtains the approval of the Federal Employment Agency after the successful conclusion of the procedure for determining the equivalence of the professional qualification acquired abroad. For the participation of the Federal Agency, a fully completed form signed by the employer "Declaration of Employment Relationship including Additional Sheet" must be submitted. (-see under "Further information")
In the event that family members wish to join them within six months, appropriate evidence must be submitted:
- Color copies of the passports of all family members
- Powers of attorney of the family members joining them (see under "Further information")
In the case of reunification of spouses/partners, the following evidence must also be submitted:
- International marriage certificate as an officially certified copy or original or officially certified copy of the marriage certificate legalized by the German mission abroad or apostilled by the competent authority in the original language and in German translation, in each case as a simple copy
- If required: Certificate of German language skills at level A 1
In the event of child reunification, the following evidence must also be submitted:
- International birth certificate(s) as officially certified copy(s) or
Original or officially certified copy(s) of the birth certificate(s) legalized by the German mission abroad or apostilled by the competent authority in the original language and in German translation, in each case as a simple copy(s)
Implementation of the accelerated skilled worker procedure: 411 euros.
The fee must be paid as soon as the agreement on the implementation of an accelerated procedure for skilled workers is concluded.
The costs for the required professional recognition and the issuance of any necessary professional license as well as fees incurred by the diplomatic mission abroad and the costs for the issuance of certificates, for authenticity checks, the translation of documents into the German language as well as the making and certification of copies, etc., are to be borne by the specialist or the employer himself.
In the case of family reunification with the skilled worker, the application must be submitted within 6 months of the skilled worker's entry into Germany
When carrying out the recognition procedure and obtaining the approval of the Federal Employment Agency:
there are at least 15 weeks between the initiation of the procedure and the issuance of the visa by the responsible German mission abroad.
§ 81a Residence Act
- Forms specific to the Foreigners' Registration Office can be obtained from your Foreigners' Registration Office, and may also be offered online.
- Online procedures possible in isolated cases
- Written form required: yes
- Personal appearance required: yes
14.10.2020
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