Legal basis

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German version: Fachkraft

The following persons are regarded as skilled workers under the Skilled Immigration Act:

• Persons with completed vocational education and training which is equivalent to at least a two-year vocational education and training course in Germany. Foreign vocational education and training over a short period can be equivalent to qualified vocational education and training in Germany if the training shows no substantial differences or if these can be compensated for.
• Persons with a higher education qualification which is comparable to a higher education qualification in Germany.

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German: Fachkräfteeinwanderungsgesetz

The Skilled Immigration Act (also known as the “Law on the further development of skilled worker immigration”) facilitates immigration from third countries. It makes it easier for skilled workers who have completed vocational education and training or a higher education qualification and for people with practical professional knowledge to move to Germany.

Regulations on the immigration of skilled workers

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German: Anerkennungs-Finder

The Recognition Finder is a specific tool at www.anerkennung-in-deutschland.de which is used to search for information about recognition.
This allows individuals to easily find information on this website. For example, on the following topics:

• Competent authority
• Recognition procedure
• Occupational profile
• Specifics of the occupation
• Reference occupation
• Costs of the procedure
• Key documents

The Recognition Finder can be found here.

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German: zuständige Stelle

The “competent authority” implements the recognition procedure. The competent authority can be, for example, a government agency, an office or a Chamber. The Recognition Finder can be used to determine the authority responsible for recognition in Germany.

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German: Spätaussiedler
Also: Aussiedler, Russlanddeutsche

Ethnic German resettlers are people of German descent who immigrate to Germany from the former Soviet Union or from eastern Europe. These persons are officially recognised as ethnic German resettlers.

The ethnic German repatriates certificate enables them to apply for a special procedure for professional recognition. Another name for the ethnic German repatriates’ certificate is Expellee Identification Card.

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German: wesentliche Unterschiede

In the recognition procedure the competent authority checks whether there are substantial differences between a foreign professional qualification and the German reference occupation For example in terms of:

• Duration of training
• Knowledge and competencies delivered
• Skills learned

For those individuals who do not receive full recognition, these differences are specified in the recognition notice. They are called substantial differences.

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German: Referenzberuf
Also: Referenzqualifikation

The reference occupation is a German professional qualification. In the recognition procedure the competent authority compares a foreign professional qualification to the German reference occupation.

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German: Drittstaat

A description of a country which does not belong to one of the following:

• European Union (EU)
• European Economic Area (EEA)
• Switzerland

For entry to Germany, skilled workers from third countries need a visa.

Immigration

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German:  Ausbildungsberuf

An occupation for which training is provided via regulated vocational education and training. There are 2 types of training occupations

• dual training occupations
• school-based training occupations

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German: reglementierte Berufe

There are statutory provisions relating to regulated professions. These professions include for example:

• Medical professions
• Teachers

Individuals in a regulated profession need recognition of their foreign professional qualification. They are then permitted to work in Germany in this profession. The Recognition Finder helps when searching for regulated professions.

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German:  EU/EWR/Schweiz

EU/EEA/Switzerland is the abbreviation for: European Union/European Economic Area/Switzerland.

The member states of the European Union (EU) include: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

The European Economic Area (EEA) includes: All EU member states, Iceland, Liechtenstein, Norway.

Switzerland has entered into a treaty with the European Union. This states that Switzerland participates in the European system of professional recognition.

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German: EU-Berufsanerkennungsrichtlinie
Also: Berufsanerkennungsrichtlinie, Anerkennungsrichtlinie

The official name for the EU Recognition Directive is: Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications. The directive regulates the recognition of professional qualifications between countries of the European Union (EU) with respect to regulated professions.

The most important rules are:

• The foreign professional qualification must be equivalent to the German professional qualification.
• The competent authority must take into account professional experience in the recognition procedure.
• Professional experience may compensate for substantial differences between the foreign professional qualification and the German reference occupation.
• Individuals with insufficient professional experience are also able to compensate for substantial differences via compensation measures.

The directive entered into force on 15 October 2005 and was reformed by Directive 2013/55/EU.

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German: Anerkennungsgesetz

The Recognition Act regulates the recognition of foreign professional qualifications. The Recognition Act states that individuals with a foreign professional qualification in Germany have the right to a recognition procedure.

The official name of the act is: Assessment and Recognition of Foreign Professional Qualifications Act
There is the Recognition Act of the Federal Government and the Recognition Acts of the 16 Federal States. Important parts of the Recognition Act are the Law for the Amendment of the Professional Qualifications Assessment Act (BQFG) and the adaptations to special laws and regulations relating to occupations.

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German: Anerkennungsverfahren
Also: Gleichwertigkeitsfeststellungsverfahren, Gleichwertigkeitsfeststellung, Gleichwertigkeitsprüfung

The competent authority in Germany checks the professional qualification in the recognition procedure. The competent authority checks whether the foreign professional qualification is equivalent to the German reference occupation.

For the recognition procedure, the competent authority requires certificates and other documents relating to the content and duration of the professional qualification. Certificates and other documents relating to professional experience are also important.
 

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German: Berufsqualifikationsfeststellungsgesetz (BQFG)

The Professional Qualifications Assessment Act is an important element of the Recognition Act. The Professional Qualifications Assessment Act exists in Germany at federal level and in the 16 federal states. It is always Article 1 of the Recognition Act for the Recognition of Professional qualifications. It regulates the recognition procedure.

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German:  Professional qualification

Professional qualifications are qualifications for which evidence of training is provided by means of evidence of formal qualifications or qualification certificates These lead to a clearly defined profession. Evidence of a professional qualification may also be provided by professional experience gained in Germany or abroad.

These are examples of professional qualifications:

• Vocational qualification
• Advanced vocational education and training
• Approbation or authorisation to practise a profession
• Authorisation to use the designation of occupation

The recognition procedure exists for professional qualifications from abroad. This checks the equivalence of the vocational qualification.
Recognition procedures for higher education qualifications exist only for higher education qualifications leading to a regulated profession. For example: Dentist
There is no recognition procedure for higher education qualifications which do not lead to a regulated profession. The statement of comparability exists for these higher education qualifications. This is the case, for example, for geologists.

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German: Anerkennung
Also: Anerkennung der Berufsqualifikation, Gleichwertigkeitsfeststellung, Gleichwertigkeit

In this case recognition means that a foreign professional qualification is legally equivalent to a German professional qualification. This means that the foreign professional qualification is recognised in Germany. The equivalence is valid for a specific German reference occupation.

There are different types of recognition:

Full recognition

A foreign professional qualification is legally equivalent to the German reference occupation.

Partial recognition

A foreign professional qualification is only partially equivalent to the German reference occupation. The reason for this is that there are substantial differences between the foreign professional qualification and the German professional qualification.

In this case, there are two options in order to still achieve full recognition:

• Successful participation in refresher training
• Successful participation in a compensation measure

No recognition

A foreign professional qualification is not equivalent to the German reference occupation. The reason for this is that the differences between the foreign professional qualification and the German reference occupation are too great.

Recognition must be requested by means of an application for recognition. This then begins the recognition procedure.