Im­mi­gra­tion of skilled work­ers

You can find answers to the following questions here:

• How is the immigration of skilled workers legally regulated?
• What role does recognition play in immigration?

How is the immigration of skilled workers legally regulated?

The first Skilled Immigration Act, which entered into force in March 2020, started to facilitate the immigration of skilled workers from third countries. Implementation of the “Law on the further development of skilled worker immigration” has been ongoing since November 2023. This law expands the options to enter Germany from a third country for the purposes of searching for a job, employment, or recognition of a foreign professional or vocational qualification. It makes it easier for skilled workers who have completed a vocational or a higher education qualification and for persons with practical professional knowledge to move to Germany.

The regulations mainly relate to the requirements for obtaining a residence permit. For this reason, most amendments are to be found in the Residence Act (AufenthG), which governs residence permits for various purposes such as work, training, looking for training, or the recognition of foreign professional and vocational qualifications.

Options within the context of recognition include the following.

• A recognition partnership, which allows the whole of the recognition procedure to take place in Germany (§ 16d Paragraph 3 AufenthG)
• Residence for a training measure (§ 16d Paragraph 1 AufenthG)
• Residence for a skills analysis (§ 16d Paragraph 6 AufenthG)
• The job search opportunity card (§ 20a AufenthG, from June 2024)

The EU Blue Card (§ 18g AufenthG) is a special residence permit for skilled workers who hold a higher education qualification or who have completed a higher-level training course which lasted at least three years. Relevant higher-level qualifications may, for example, include advanced “master craftsman” training qualifications and vocational qualifications in nursery teacher occupations.

The “Make it in Germany” portal, the main Federal Government site for skilled workers from abroad, provides a summary of the most important regulations relating to the immigration of skilled workers.

What role does recognition play in immigration?

The issuing of a residence permit and recognition of a foreign professional or vocational qualification are examined in separate procedures. Recognition may be important for entry to Germany.

If certain requirements are met, entry for employment in a non-regulated occupation is possible without formal recognition of the foreign professional or vocational qualification. This applies, for example, to persons who have at least two years of relevant, professional practical experience . The requirements in this case include a specific job offer, a certain minimum salary, and a qualified vocational or higher education qualification. The Central Office for Foreign Education (ZAB) checks whether someone has such a qualification.

Recognition is mandatory for immigration in the following cases.

• Employment is taking place in a regulated profession.
• Employment is taking place in a non-regulated occupation, but requirements for alternative residence options have not been met, e.g. requirements in respect of minimum salary or with regard to professional experience pursuant to § 6 of the Ordinance on the Employment of Foreigners (Beschäftigungsverordnung, BeschV).

Special regulations

IT specialists may enter Germany in order to work even if they have not completed a vocational or higher education qualification as long as they have the necessary professional experience and have a job offer. They do not need formal recognition if they are employed in a non-regulated occupation.

Drivers may come to Germany for work without recognition. All they require in order to receive a visa is a relevant driving licence and a contract of employment from Germany.

Western Balkans Regulation: Citizens of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia or Serbia may enter Germany for the purpose of employment if they have a job offer. They do not need any formal recognition of their vocational qualification if they are employed in a non-regulated occupation.

Recognition may also bring advantages for your professional future in Germany as well as for entry to the country and residence.  Advantages of recognition 

Residence for recognition measures

A recognition partnership allows persons from third countries to enter without prior recognition and to do the whole recognition procedure in Germany. Once a person from abroad has found a job, they conclude an agreement with the employer. In this agreement, a commitment is made to apply for recognition immediately upon entry to Germany. The aim is to achieve full recognition after a maximum stay of three years. Qualified employment is possible immediately. If the profession is regulated, however, certain tasks are not allowed or else are only permitted under supervision.

The employer supports the skilled worker with recognition. The employer must also allow any training which is necessary for recognition. The employer commits to this in the agreement that is concluded with the skilled worker. The foreign skilled worker must have completed training of at least two years’ duration or a course of higher education study. The qualification must be recognised by the state in the country of training. Both of these are confirmed by the Central Office for Foreign Education (ZAB). The skilled worker also requires German language skills at least at level A2 of the Common European Reference Framework for Languages.

Persons abroad who have already received a notice attesting partial recognition may enter Germany for a compensation measure or for refresher training if certain requirements are met. Residence for this purpose is possible for a period of three years, and it is possible to work at the same time.

Entry to Germany for the purpose of a skills analysis is also possible. In this case, the competent body will have proposed a skills analysis because necessary documentation for recognition is missing for reasons which are not the applicant's fault. Residence is permitted for a period of up to six months and may be extended for a subsequent training measure.

The “Make it in Germany” portal provides information on the specific requirements relating to entry and residence. A link can be found below.