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When hiring international employees, there are a few regulations that are different from those for German employees. In the preparation and arrival phase, the main issues are German residence law and the recognition of qualifications. Many international employees and specialists are often confused by the bureaucratic structures and processes of German authorities. If possible, new employees should prepare themselves for living and working in the Ore Mountains while still in their home country.
The team at the Welcome Center Erzgebirge will be happy to advise you individually on topics such as
residence permitsRecognition of qualificationsPre-integration and transition management
Residence permit
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This section provides you with an overview of the legal requirements for skilled worker immigration, such as visas, entry, residence permits and work permits. If you have specific questions or would like individual advice, please call us.
European freedom of movement: Welcome to Germany!
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The following may enter and live in Germany without a visa or residence permit
- Nationals of a member state of the European Union (EU)
- Nationals of a member state of the European Economic Area (EEA)
- Citizens of Switzerland
A valid passport or identity card is sufficient for entry. You can work in Germany - and this also applies to your family.
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Third-country nationals: Skilled Immigration Act
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A so-called third-country national is a person who is not a national of a member state of the European Union (EU), the European Economic Area (EEA) or Switzerland. When hiring international employees from third countries, there are a few regulations that are different from those for German employees. The Skilled Immigration Act (FEG) is the central legislation for the immigration of skilled workers from third countries.
Third-country nationals must apply for a visa at the German embassy or consulate before entering the country.
Citizens of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom and the USA - the so-called best friends states - can enter Germany without a visa and apply for a residence permit for employment before starting work. Direct contact with the Foreigners' Registration Office in the Ore Mountains is only possible for nationals of the countries mentioned, even if they are already in Germany.
There are different types of visas, for example for studying, for skilled workers, for research or for language acquisition. The purpose for which the visa is required must be stated in the application. The visa application is submitted to the German diplomatic mission in the home country before leaving the country.
After entering the country, a (temporary) right of residence or a (permanent) settlement permit can be obtained. The application for a residence permit must be submitted to the foreigners authority by the expiry date of the entry visa at the latest.
The residence permit provides information on whether and to what extent gainful employment may be pursued. A foreigner may only work in Germany if the residence permit allows this.
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The accelerated skilled worker procedure according to §81a AufenthG
The immigration of skilled workers with third-country nationality to Germany is also improved by the accelerated skilled worker procedure according to §81a AufenthG. Here, you as the employer take over the process yourself instead of the skilled worker and make an agreement with the responsible immigration authority. This means that the competent authorities have shorter deadlines for processing applications and the entire procedure is accelerated. In return, the skilled worker gives you the authority to initiate the accelerated skilled worker procedure. The prerequisites are the existence of a concrete job offer for qualified employment and the international skilled worker must already have the professional qualifications to carry out this employment.
As a central service point, we will provide you with comprehensive information and advice on the accelerated skilled worker procedure and the associated necessary requirements and procedural steps. The Welcome Center Erzgebirge acts as an interface between you and the Immigration Office of the Erzgebirgskreis as well as other players in the process (e.g. Federal Employment Agency).
The Foreigners' Registration Office of the Erzgebirgskreis (District Office Erzgebirgskreis, Department of Regulatory Affairs/Migration and Civil Status) is responsible for the accelerated procedure for skilled workers and, among other things, for the formal initiation of the necessary procedural steps (e.g. procedure for determining the equivalence of a foreign professional qualification) and the granting of preliminary approval for the visa.
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For whom is the accelerated skilled worker procedure possible?
The accelerated skilled worker procedure applies to skilled workers who are third-country nationals.
The skilled worker is still abroad. The accelerated skilled worker procedure does not apply to foreigners already living in Germany.
In addition, qualified employment in Germany must be intended, i.e. the employment requires at least two years of vocational training. Furthermore, the accelerated skilled worker procedure applies to qualified vocational training, research work or a measure for professional recognition.
A concrete job offer for a specific skilled worker is also required.
What is the procedure for the accelerated skilled worker procedure for companies based or established in the Erzgebirgskreis?
As an employer based or with a branch in the Erzgebirgskreis, are you interested in the accelerated skilled worker procedure according to §81a AufenthG and would like to take advantage of this yourself?
As a centralservice point, the Welcome Center Erzgebirge of Wirtschaftsförderung Erzgebirge GmbH will provide you with comprehensive information and advice on the accelerated skilled worker procedure and the associated necessary requirements and procedural steps. The Welcome Center Erzgebirge acts as an interface between you and the Foreigners' Registration Office of the Erzgebirge district as well as otherplayers in the process (e.g. Federal Employment Agency).
The foreigners authority of the Erzgebirgskreis (Landratsamt Erzgebirgskreis, Referat Ordnungsangelegenheiten/ Sachgebiet Migration und Personenstandswesen) is responsiblefor the accelerated procedure for skilled workers and, among other things, for the formal initiation of the necessary procedural steps (e.g. procedure for determining the equivalence of a foreign professional qualification) and the granting of preliminary approval for the visa.
An overview of the procedure can be found in the flowchart for the accelerated skilled worker procedure, which was drawn up in cooperation between the Saxon State Ministry of the Interior and IQ Network Saxony.
What are your tasks as an employer?
- In principle, the foreign skilled worker remains the applicant, but as the employer you are the authorized representative in the procedure.
- As the employer, you conclude a corresponding agreement with the responsible immigration authority to carry out the accelerated skilled worker procedure. The contents of this agreement include the contact details of the foreign skilled worker and the immigration authority as well as the authorization by the skilled worker.
- As the employer, you are the direct contact person for the foreigners authority and the foreign skilled worker. You hand over all documents, communicate any additional requirements to the foreign skilled worker and submit the subsequently submitted documents.
- As soon as all requirements and approvals have been met, you will receive preliminary approval for the visa and forward it to the skilled worker abroad.
How long does the accelerated skilled worker procedure take & what does it cost?
The procedure is accelerated by legally defined deadlines and standardized procedural steps. Ideally, the time period until the visa is issued is approx. 5-6 months. However, the duration can be longer in individual cases and is largely determined by the circumstances of each case.
A fee of €411 is charged for carrying out the accelerated skilled worker procedure at the Foreigners' Registration Office when the agreement between the employer and the Foreigners' Registration Office is concluded.
In addition, there are further fees for e.g. the procedure for professional recognition, issuing a professional permit and the visa procedure at the foreign missions. Further costs may be incurred for issuing documents and translating documents and certificates.
What is a visa pre-consent?
In the accelerated skilled worker procedure, the immigration authority issues a preliminary approval for the visa. With this, the immigration authority certifies that the essential requirements for the stay of the foreign skilled worker have been met. The main purpose of the preliminary approval is to speed up the visa procedure at the diplomatic mission abroad.
The foreigners authority does not issue a visa or residence permit.
Please note: The issuing of a preliminary visa approval by the immigration authority does not guarantee that a visa will be issued by the diplomatic mission abroad. The latter makes the final decision on whether to issue the visa.
Where can you get more information?
The Saxon State Ministry of the Interior (SMI) and its cooperation partner IQ Network Saxony have published Information for employers and summarized the most important points of the new procedure.
Companies can also use the preliminary check to check for themselves whether such a procedure can be considered for the entry of the future skilled worker.
Further information and documents on the accelerated skilled worker procedure can also be found at
Duties as an employer
As an employer, you are not permitted to employ skilled workers from third countries in Germany who do not have a valid residence permit(Section 4a (5) AufenthG). When recruiting a skilled worker from abroad, you must have the relevant residence permit presented to you and be able to prove this to the authorities (obligation to provide documentation to the employer). This applies not only at the time when the skilled worker starts working for you, but permanently. Residence permits are generally tied to a specific purpose of stay and are limited in time - therefore always check whether your skilled worker's residence permit is still valid or needs to be renewed.
Notification obligation in the event of premature termination of employment: If your skilled worker's employment is terminated prematurely, you must inform the immigration authority within four weeks of becoming aware of this.
Recognition of qualifications
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Would you like to employ a skilled worker from a third country and are wondering when professional recognition is actually required and how the recognition process works?
Anyone who has acquired a professional qualification abroad can apply for it to be recognized in Germany. A foreign professional qualification is recognized in Germany if it is equivalent to a German qualification. An academic or professional qualification obtained abroad is therefore not automatically valid in Germany. Instead, it must first be checked whether the respective qualification is equivalent to a qualification in the corresponding reference profession in Germany (= equivalence check of the qualification).
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Recognition of professional qualifications
Recognition of a professional qualification means the assessment and - if the decision is positive - confirmation of the equivalence of a foreign professional qualification with a German qualification.
For some qualifications, it is helpful to have qualifications recognized. For others, it is a prerequisite for being allowed to work in Germany. This depends on which profession is to be practiced.
When is professional recognition necessary?
Regulated professions
You are only allowed to work in these professions if you have a specific qualification. This applies to professions such as doctors, geriatric nurses and lawyers. It also applies to master craftsmen if they work as self-employed entrepreneurs. Anyone wishing to work in a regulated profession must have their professional qualification recognized. You can find out whether the profession is regulated with the help of the Recognition Finder or in the BerufeNet of the Federal Employment Agency under Regulated professions.
Non-regulated professions
For non-regulated professions, recognition is not mandatory from a professional point of view. However, it can be a prerequisite for entry for skilled workers from third countries: Professional recognition is often one of the key requirements for obtaining a visa and residence permit in Germany.
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Pre-integration and transition management abroad
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Your new employee can already prepare for life and work in Germany in their home country. Some private-sector recruitment service providers, the International Placement Services (ZAV) as part of their programs and the Goethe-Institut with its pre-integration and transition management services offer good support in this regard.
- Pre-integration: The term refers to preparatory measures that are carried out before arrival in the destination country, i.e. in the migrant's country of origin. The aim of pre-integration is, among other things, to prepare the future skilled worker for everyday and working life, to convey a realistic picture of the German working world, but also to dispel any fears that may exist due to the impending migration for work.
- Transition management: Transition management refers to the time after the pre-integrative services in the future skilled worker's home country and before the initial integration structures in Germany. The aim is to make it easier for new immigrants to get started in Germany and to create a seamless transition from the pre-integration offers to the integration offers in Germany.
Further information and corresponding offers for pre-integration and transition management can be found at the Goethe-Institut, among others.