The accelerated skilled labour procedure as an immigration turbo?

The background

The shortage of skilled labour is a serious concern for many companies in Germany. It is becoming increasingly difficult to find qualified employees, particularly in skilled trades and technical professions such as electronics technicians. This is why companies are increasingly focussing on recruiting skilled workers internationally. In addition to the question of how and where qualified skilled workers can be recruited worldwide, companies are also faced with the question of how the entry process for skilled workers from non-EU/EEA countries (so called ‘third countries’) works. Since 2020, the Skilled Immigration Act (”Fachkräfteeinwanderungsgesetz") has offered a great solution to this in the form of the fast-track procedure for skilled workers (”Beschleunigtes Fachkräfteverfahren”). The fast-track procedure for skilled workers is intended to enable German companies to hire qualified skilled workers from third countries more quickly and easily. In this article, we explain how the procedure works and which requirements must be met. We are focussing on non-regulated professions (e.g. electronics technicians, automotive mechatronics technicians, etc.).

How does the procedure work?

The fast-track procedure for skilled workers is initiated by the employer, who starts the process with a power of attorney from the foreign skilled worker with the responsible immigration office (”Ausländerbehörde”). This procedure is possible for both skilled workers with vocational training and those with a university degree, as long as they are still in a non-EU/EEA country.

Prerequisites for the procedure

The prerequisites for being able to use the fast-track procedure for skilled workers are:

1. Concrete job offer: The employer wishes to employ the skilled worker and a concrete job offer exists.
2. Training: The skilled worker has a state-recognised vocational qualification or university degree in the country of issue.

Overview over the process of the fast-track procedure for skilled workers

The fast-track procedure for skilled workers is as follows:

1. Authorisation: The skilled worker sends the employer a signed authorisation to initiate the procedure as well as other required documents (see below). You can find a sample authorisation here. If the employer is to be represented by a third party, a sub-authorisation can be issued.
2. Agreement with the immigration office: The employer (as authorised representative) and the competent immigration office conclude an agreement on the implementation of the fast-track procedure for skilled workers. The agreement defines, among other things, the procedure, deadlines to be met and the obligations of the parties involved. Depending on the federal state, the responsible immigration office is either a central office or, if no such central office exists in the employer's federal state, the local immigration authority. A list of contact persons for the fast-track procedure for skilled workers can be found here. The immigration office acts as a central point of contact and intermediary. It communicates with all other authorities involved. You can also find a sample agreement between the employer and the immigration office here.
3. Submission of documents: The employer submits the required documents to the immigration office (see below).
4. Recognition and approval procedure: The immigration office initiates the recognition procedure for the foreign qualification or the procedure for the ZAB certificate if recognition is not necessary in the case of extensive practical work experience (see our article on the regulation for experienced professionals). In addition, the immigration office will obtain the approval of the Federal Employment Agency (Bundesagentur für Arbeit).
5. Pre-approval: The immigration office issues a pre-approval, which the employer forwards to the skilled worker.
6. Visa application: The skilled worker arranges a visa appointment and states that the preliminary approval from the fast-track procedure for skilled workers has been received.

What documents are required for the fast-track procedure for skilled workers?

In order to successfully apply for the fast-track procedure for skilled workers, employers must provide the following documents, among others (the exact composition of the documents depends on whether recognition is to be achieved or not):

1. Power of attorney from the foreign skilled worker
2. Copy of the skilled worker's passport
3. Proof of vocational training or university degree
4. Curriculum vitae (CV)
5. Employment references and other evidence, if applicable
6. Declaration that no application for recognition has yet been submitted

As soon as all the documents have been submitted, the employer and the immigration office sign the agreement, which also sets out the deadlines and the procedure.

Costs of the procedure

The processing fee for the fast-track procedure for skilled workers is EUR 411. Additional costs may be incurred for notarisation and translations.

Deadlines in the fast-track procedure for skilled workers

The fast-track procedure for skilled workers is characterised by clearly regulated deadlines:

1. Recognition of qualifications: Within two months of receipt of the complete documents
2. Approval by the Federal Employment Agency: Within one week
3. Appointment for visa application: Within three weeks
4. Visa decision: Within three weeks of the appointment at the German embassy

The total duration of the procedure, including the recognition process, is usually four months. If recognition is already available or is not necessary if you have sufficient professional experience, the procedure may be correspondingly shorter.

Summary

The fast-track procedure for skilled workers is a valuable opportunity for German companies to actively counteract the shortage of skilled workers and hire qualified employees from abroad more quickly and easily. The process of recruiting skilled labour from third countries is significantly simplified and accelerated thanks to clear deadlines and central contact persons at the immigration authorities.

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 initial consultation and find out how heidi can help you recruit skilled labour.