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Address: https://welcome.dresden.de/en/residence-permits/fast-track-procedure-for-skilled-workers.php Last revision: 16.08.2022 13:52:35 Uhr Printed on: 21.11.2024 10:52:06 Uhr

Fast-track procedure for skilled workers

On 1 March 2020, the Skilled Labour Immigration Act comes into force. Companies and specialists from third countries will then have the opportunity to fast-track the immigration process in order to take a job. To do this, a concrete job offer must have been made. The legal basis for this is the fast-track procedure for skilled workers as per Sect. 81a AufenthG (Residence Act).

Process

If a company wants to employ a skilled worker from outside Germany within the federal territory, the following conditions must be fulfilled.

If a company wants to employ a skilled worker from outside Germany within the federal territory, the following conditions must be fulfilled. The contact for this is the immigration authority responsible for the business location where the foreign professional is to be deployed.

Power of attorney: The employer can initiate the fast-track process at the relevant immigration authority with a power of attorney from the foreign professional.
Agreement: The immigration authority will conclude an agreement with the employer. This will include all procedures, deadlines and evidence and list the obligations taken on by the employer and foreign professional. This agreement also contains the skilled worker’s power of attorney.
Recognition: In order to work, the skilled worker needs a visa (residence permit) which can only be issued subject to recognition of professional qualifications. This stage determines whether the foreign professional’s qualifications are recognised. If necessary, a recognition procedure will be initiated which will usually – after presentation of all required documents to the certification authority – be completed within two months. Consultation from the Fachinformationszentrum Zuwanderung of the IQ Network Saxony is part of this procedure. Here, the immigration authority acts as an intermediary in the process. It hands on documents to the certification authority, checks deadlines and informs the employee of the state of affairs.
Preliminary approval: If all the requirements for residence have been met, the immigration authority will issue a so-called preliminary approval. The employer must hand this on to the professional.
Visa application: Using this, the future employee can apply for a visa from a German mission abroad. To apply for the visa, the original copy of the preliminary approval and all other necessary documents must be presented.
Decision: After the professional has completed the visa application, a decision will be made within a further three weeks. A preliminary approval for a visa from the immigration authority does not guarantee the issuing of a visa by the mission.
Costs: The fee for the fast-track procedure for skilled workers is 411,00 euros and is to be paid by the employer to the immigration authority. In addition to this, a visa fee and recognition fees for the qualifications must be paid.
Family reunification: The fast-track procedure for skilled workers also includes the reunification of the professional with their spouse and any children who are unmarried minors. To do so, the immigration authority must be presented with a further power of attorney by the foreign professional. Once all the legal conditions for family reunification have been fulfilled, reunification will be possible within six months of the arrival of the skilled worker in the country.

Applicable groups

The fast-track procedure for skilled workers is intended for foreign workers who will be employed in one of the listed positions.

Vocational training/advanced vocational training (Sect. 16a AufenthG)
Carrying out measures regarding the recognition of foreign professional qualifications (Sect. 16d AufenthG)
Employment as a skilled worker with vocational training qualification (Sect. 18a AufenthG)
Employment as a skilled worker holding a university degree (Sect. 18b AufenthG)
Employment as a highly qualified skilled worker holding a university degree (Sect. 18c para. 3 AufenthG)
Research (Sect. 18d AufenthG)
Employment as an executive, manager or specialist (Sect. 19c para. 1 AufenthG i.c.w. Sect. 3 BeschV)
Employment as a scientist or teacher (Sect. 19c para. 1 AufenthG i.c.w. Sect. 5 BeschV)
Temporary practical employment in the context of the recognition of a foreign professional qualification without the bounds of Sect. 16d (Sect. 19c para. 1 AufenthG i.c.w. Sect. 8 para. 3 BeschV)
Employment as an IT specialist (Sect. 19c para. 2 AufenthG i.c.w. Sect. 6 BeschV)
Employment in justified cases in the public interest (Sect. 19c para. 3 AufenthG)
Civil servants (Sect. 19c para. 4 AufenthG)

You can find further information and forms on the webpage of the Saxon State Ministry and at Make-it-in-Germany. As an alternative to the fast-track procedure for skilled workers, the regular immigration and visa process for employment purposes can be chosen.