Acute Remedy for Skilled Worker Shortage:
The Accelerated Skilled Worker Procedure
The German state has created a politically and economically powerful instrument to combat the acute shortage of skilled workers in the Federal Republic: Section 81a of the Residence Act (AufenthG) makes it easier for foreign skilled workers recruited by German companies to immigrate. The new legal provision in Section 81a of the Residence Act enables German companies to significantly speed up the administrative procedure for issuing a residence and work permit to the foreign skilled worker.
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Shahroch Taleqani
Overview
What is the accelerated procedure for skilled workers according to § 81a AufenthG?
The Expedited Skilled Worker Procedure is a special procedure designed to expedite immigration in the context of employment migration. It enables the employer to initiate the immigration procedure within the country. In cooperation with the foreigners authority, the waiting time for residence permits and work permits is to be significantly shortened.
Requirements of the accelerated skilled worker procedure
In order to be able to initiate the accelerated skilled worker procedure, certain requirements must be met. In particular
- have a professional qualification that is recognized in Germany or is equivalent to a German professional qualification,
- a concrete job offer exists (but not necessarily a signed employment contract),
- have been granted a professional license, if such a license is required for the respective profession,
- the prior approval of the Federal Employment Agency for the employment of the specialist has been obtained (if required).
The foreign specialist must have at least a foreign professional qualification that is equivalent to a domestic qualified professional training. Furthermore, either an employment contract must already exist or at least a concrete job offer. If necessary, the foreigners authority obtains the approval for hiring the foreign skilled worker from the Federal Employment Agency, which examines the concrete job offer to determine whether the working conditions correspond to those agreed upon in collective bargaining or are customary in the region. Such consent is regularly required when hiring a skilled worker from a third country, but may not be necessary in certain cases.
You can find more detailed information on the requirements for the accelerated skilled worker procedure here.
What are the advantages of the accelerated procedure for skilled workers according to § 81a AufenthG?
The accelerated skilled worker procedure was introduced to combat the shortage of skilled workers. The aim is to accelerate and facilitate labor migration. Both employers in Germany and foreign skilled workers benefit from the scheme.
A key advantage of the accelerated skilled worker procedure (Section 81a Residence Act) is the shortened procedure. Once the immigration procedure has been initiated, legally defined deadlines accelerate the duration of the administrative process. For example, the period for approval by the Federal Employment Agency is limited to one week. And the foreign mission located in the foreign skilled worker's country of residence must grant the date for the visa application within three weeks. After the complete visa application has been submitted, a decision on it must be made within three weeks.
The shorter deadlines force the competent authorities to make faster decisions on the applications on hand. And the accelerated procedure for skilled workers (Section 81a of the Residence Act) provides companies with an effective tool for recruiting skilled workers from abroad quickly and easily.
In certain individual cases, the accelerated procedure for skilled workers pursuant to Section 81a of the Residence Act can also be initiated when applying for an EU Blue Card. The combination of the accelerated procedure for skilled workers and the Blue Card combines two options for a visa for Germany and significantly simplifies gainful employment migration.
Good for German companies, good for the foreign skilled workers: The accelerated skilled worker procedure not only enables migration for gainful employment purposes. It also covers family reunification of spouses and minor children, provided their visa applications are filed in a timely manner (Section 81a IV Residence Act)
Further information on the EU Blue Card and the conditions under which an EU Blue Card is issued can be found here.
Why take advantage of the expedited skilled worker process?
The accelerated procedure for skilled workers in accordance with Section 81a of the Residence Act is a valuable opportunity for employers in Germany to recruit skilled workers from third countries outside the EU quickly and easily, particularly due to the facilitations regulated in Section 31 of the Residence Ordinance.
The advantages offered by this procedure contribute greatly to keeping the bureaucratic hurdles to hiring a foreign skilled worker as low as possible and thus effectively combating one's own shortage of skilled workers with qualified employees from non-EU countries.
For more information on the expedited skilled worker process in general, click here.
