Hiring foreign skilled workers without the recognition process?

The background

The shortage of skilled labour is making it increasingly difficult for companies to recruit qualified craftsmen and technical specialists in Germany. The impending demographic change with the retirement of the baby boomers will further exacerbate the situation on the labour market over the next few years. The shortage of skilled labour is becoming increasingly pressing, particularly in technical and skilled trades professions such as electronics technicians, and is already causing major economic damage to industrial companies and skilled trades businesses (see IW-Kurzbericht Mai 2024). The recruitment of qualified foreign skilled workers is therefore increasingly taking centre stage. Legislators have also recognised this development and are endeavouring to create more efficient ways of recruiting foreign skilled workers.

Reform of the FEG

One of these new opportunities is offered by the reform of the Skilled Labour Immigration Act (Fachkräfteeinwanderungsgesetz - FEG) in the form of the extension of the skilled worker regulation (Berufserfahrenen-Regelung) to all non-regulated professions. This includes most technical training occupations, such as electronics technician, mechatronics technician and HVAC technicians (a list of all regulated occupations can be found here). Under certain conditions, this regulation allows foreign skilled workers to be hired without their training having to be recognised in Germany. This new option, which came into force on March, 1st 2024 and is regulated by § 19c (2) of the Residence Act (AufenthG) in conjunction with § 6 of the Employment Ordinance (BeschV), offers employers a great opportunity to attract international talent.

How does the regulation for experienced professionals work in detail?

The regulation enables qualified workers from non-EU/EEA countries to take up qualified employment in Germany on the basis of their qualifications and professional experience gained abroad. In contrast to other entry routes, formal recognition of the foreign qualification in Germany is no longer required. This simplification of the process makes the regulation for experienced professionals attractive for companies.

It is also possible to combine the regulation for experienced professionals with the accelerated skilled labour procedure (take a look at our article on this).

Prerequisites for entry

To use this entry route, the following requirements must be met:

1. Employment contract: The skilled worker must have a concrete job offer or an employment contract with a German employer.
2. Foreign qualification: The skilled worker must have a vocational or higher education qualification of at least two years' duration that is recognised by the country in which it was obtained.
3. Professional experience: The skilled worker must have at least two years of relevant professional experience in the last five years. This means that the professional experience must be related to the job seeking in Germany. For example, if an electronics technician from abroad is to be hired, they must have worked as an electronics technician or in a comparable role abroad for at least two years. However, it is not essential that the skilled worker has also been trained as an electronics technician; this could also be training as a car mechanic, plant mechanic, etc.
4. Minimum salary: The salary to be paid in Germany must be at least 45 per cent of the annual contribution assessment ceiling in the general pension insurance (as of 2024: EUR 40,770 gross per year). For companies bound by collective agreements, this salary limit does not apply, but instead the corresponding collective agreement regulations.
5. Language skills: The employer decides on the required German language skills.

The migration process in detail

The entry process up to the start of employment can essentially be broken down into the following steps:

1. Conclusion of the employment contract: The first step is the conclusion of the employment contract (subject to reservation) between the company and the foreign skilled worker.
2. ZAB information: The qualification of the skilled worker is checked by the Central Office for Foreign Education (ZAB). This process can be carried out completely digitally since June 2024 (see here). In the case of a higher education qualification, this is done by means of the certificate assessment, in the case of non-university professional qualifications by means of the digital information on professional qualification. This checks whether the training has been completed full-time for at least two years and is recognised by the country of origin.
3. Contractual declaration: After concluding the employment contract, the employer fills out the Declaration of employment relationship, which documents the employment conditions (in particular remuneration and working hours). The document can be found on the website of the Federal Employment Agency (Bundesagentur für Arbeit).
4. Visa application: The skilled worker applies for a visa at the German diplomatic mission in the country of origin. For this purpose, the employment contract, proof of training and professional experience and other required documents must be submitted.
5. Entry: After receiving the entry visa for qualified employment, the skilled worker can enter Germany and start work.
6. Residence permit: The skilled worker must apply for a residence permit for skilled employment at the local immigration office (Ausländerbehörde) before the expiry date of the entry visa.

Summary

The skilled worker regulation offers German companies a great opportunity to alleviate their skills shortage by attracting international talent. In particular, the time-to-hire can be reduced by eliminating the recognition process. Companies also gain greater flexibility in hiring skilled workers with different educational and professional backgrounds.

How can heidi help you?

Would you like to find out more about ways of recruiting international skilled labour? Contact us now for a free, no-obligation initial consultation and find out how heidi can help you recruit skilled labour.