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Beschleunigtes Fachkräfteverfahren beantragen

Niedersachsen 99010021017000, 99010021017000 Typ 2/3

Inhalt

Leistungsschlüssel

99010021017000, 99010021017000

Leistungsbezeichnung

Apply for an accelerated procedure for skilled workers

Leistungsbezeichnung II

Apply for an accelerated procedure for skilled workers

Leistungstypisierung

Typ 2/3

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung

Leistungsgruppierung

Aufenthaltstitel (010)

Verrichtungskennung

Bewilligung (017)

SDG Informationsbereiche

nicht vorhanden

Lagen Portalverbund

  • Personal einstellen (2030200)

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

17.01.2024

Fachlich freigegeben durch

Lower Saxony Ministry of the Interior and Sports

Handlungsgrundlage

Section 81a of the Residence Act

Teaser

If, as an employer, you would like to employ a skilled worker from a third country, you can apply for an accelerated skilled worker procedure in the power of attorney of the foreign skilled worker.

Volltext

In order to shorten the entry procedure, you as an employer can apply for the accelerated skilled worker procedure in the power of attorney of your future worker. The accelerated procedure for skilled workers is aimed at foreigners who want to enter Germany for a specific purpose of stay (e.g. for the purpose of recognising foreign professional qualifications or exercising qualified employment as skilled workers) as well as their accompanying family members, if the entry takes place in a temporal context. The temporal connection is given if the entry of family members takes place no later than six months after the entry of the skilled worker.

The accelerated procedure for skilled workers is a voluntary offer. By law, the regular entry procedure is still open to you and your specialist.

The implementation of the accelerated procedure for skilled workers does not guarantee the issuance of a visa by the German diplomatic mission abroad.

Erforderliche Unterlagen

  • Proof of the employer's authorization by the skilled worker and, if applicable, Proof of sub-authorization
  • Passport or passport substitute of the professional
  • Copy of the certificate of residence status of the skilled worker in the case of current residence in another EU country
  • If applicable, notification from the competent recognition office on the determination of the equivalence of the vocational training completed abroad (if available)
  • If applicable, evaluation of certificates from the Central Office for Foreign Education on the comparability of the foreign university degree (if available)
  • If applicable: Notification from the competent authority on the recognition of the foreign university degree for the purpose of employment in a regulated profession (if available)
  • If necessary: Licence to practise or confirmation of the issuance of a licence to practise

If necessary, the competent immigration authority will initiate the procedure to determine the equivalence of the professional qualification acquired abroad or to evaluate the certificate of the foreign university degree. In order to carry out the procedure, the following evidence must be submitted:

  • Proof of education in the original language and in German translation as a copy
  • Tabular curriculum vitae (in German) from the beginning of the relevant training: with the complete list of completed training and further education courses as well as all gainful employment
  • If available: Proof of relevant professional experience in the original language and in German translation as a copy (e.g. job references, workbooks, reference letters)
  • If available: other certificates of competency in the original language and in German translation as copies (e.g. certificates and certificates of further education, courses, courses, language level)
  • A declaration in German signed by the skilled worker stating that no application for a determination of equivalence has yet been submitted in the Federal Republic of Germany
  • If the name according to the passport differs from the name on the educational certificate: Proof of the name change in the original language and in German translation as a copy.

If necessary, the competent immigration authority shall obtain the approval of the Federal Employment Agency after the successful conclusion of the procedure for determining the equivalence of the professional qualification acquired abroad. In order for the Federal Agency to participate, a fully completed form signed by the employer entitled "Declaration of Employment Relationship including Additional Sheet" must be submitted. (see under "Further information")

In the event that family members wish to join them within six months, appropriate evidence must be submitted:

  • Colour copies of the passports of all family members
  • Powers of attorney of the family members joining them (see under "Further information")

In the case of subsequent reunification of spouses/life partners, the following evidence must also be submitted:

  • International marriage certificate as an officially certified copy or original or officially certified copy of the marriage certificate legalized by the German diplomatic mission abroad or apostilled by the competent authority in the original language and in German translation in each case as a simple copy
  • If required: Certificate of German language proficiency at level A1

In the case of reunification of children, the following evidence must also be submitted:

  • International birth certificate(s) as officially certified copy(s) or

Original or officially certified copy(s) of the birth certificate(s) legalized by the German diplomatic mission abroad or apostilled by the competent authority in the original language and in German translation, in each case as a simple copy(s)

Voraussetzungen

  • The foreign worker has a recognised and valid passport or passport substitute. In the case of family reunification, family members must also present valid passports.
  • The foreign worker enters the country for a specific purpose of residence (for the purpose of vocational training, recognition of foreign professional qualifications, for the purpose of qualified employment as a skilled worker)

The procedure can also be applied for for other qualified employment purposes (e.g. for the purpose of research or for employment as an IT specialist)

  • There is an employment contract or a specific job offer (see the "Declaration of Employment Relationship" for proof of the specific job offer, see "Further Information")
  • No visa application has yet been submitted in the country of origin by the foreign worker. This also applies to spouses and children who wish to relocate to Germany together with the worker or later as part of family reunification.
  • The foreign worker can secure his livelihood and health insurance coverage from income without recourse to public benefits.
  • The foreign worker has issued you with a power of attorney to carry out the accelerated skilled worker procedure. If family members of foreign workers also want to use the procedure, they must also issue a power of attorney.

In principle, you can also instruct third parties (such as a law firm) to carry out the proceedings by means of sub-powers of attorney. You must also authorise the specialist and their family members to do this.

You have concluded an agreement with the responsible immigration authority for the implementation of the accelerated procedure for skilled workers.

Kosten

Implementation of the accelerated procedure for skilled workers: 411 euros.

The fee is to be paid at the time of conclusion of the agreement on the implementation of an accelerated procedure for skilled workers.

The costs for the necessary professional recognition and the issuance of any professional practice permit that may be required, as well as fees incurred by the diplomatic mission abroad and the costs for issuing documents, authenticity checks, translating documents into German, making and certifying copies, etc., are to be borne by the skilled worker or the employer himself.

Verfahrensablauf

  • If you have any questions about the accelerated procedure for skilled workers, please contact the locally responsible Foreigners' Registration Office and ask for a consultation. The Foreigners' Registration Office will advise you on the procedural steps as well as the necessary involvement of other authorities.
  • The Foreigners' Registration Office at the place of business where you want to deploy your skilled worker is responsible, unless a central Foreigners' Registration Office has been set up in your federal state
  • In order to apply for the accelerated skilled worker procedure, you need a power of attorney from your future skilled worker. A sample power of attorney can be found under "further information"
  • Depending on the Foreigners' Registration Office and your concerns, it may be possible to apply via the Internet. Find out whether your Foreigners' Registration Office offers the electronic application for a residence permit.

If it is only possible to apply in person, please make an appointment with the Foreigners' Registration Office.

  • In order to carry out the procedure, you conclude a corresponding agreement with the Foreigners' Registration Office, which includes, among other things, your obligations as an employer, those of the skilled worker and the authorities involved (Foreigners' Registration Office, Federal Employment Agency, recognition offices, German mission abroad). In addition, you will receive a description of the procedures, including the names of the parties involved, the evidence to be provided and the deadlines. When concluding the agreement, you have to pay the fees in the amount of 411 euros.
  • If necessary, the Foreigners' Registration Office initiates the procedure for the recognition or equivalence check of the foreign qualifications and sends the application and the required documents to the competent authority. The competent authorities should decide on recognition within two months of receipt of the complete application documents. If you still need missing documents, the Foreigners' Registration Office will contact you.
  • If necessary, the Foreigners' Registration Office will initiate the approval procedure of the Federal Employment Agency after a positive conclusion of the recognition procedure. If the Federal Employment Agency does not provide a response within one week, the consent is deemed to have been given.
  • If all requirements are met, including the determination of equivalence or comparability of the professional qualification as well as the approval of the Federal Employment Agency, the Foreigners' Registration Office will approve the issuance of a visa and hand it over to you for forwarding to the skilled worker abroad.
  • The foreign skilled worker must submit the preliminary approval to the diplomatic mission abroad and thus receive an accelerated appointment to apply for the visa. This must take place within three weeks. Once the visa application has been completed on the scheduled date, a decision on the application will usually be made within three weeks.
  • The procedure can also be applied to family reunification of spouses and children, provided that the applications are submitted in time (i.e. within 6 months of the entry of the skilled worker)

Bearbeitungsdauer

When carrying out the recognition procedure and obtaining the approval of the Federal Employment Agency:

there are at least 15 weeks between the initiation of the procedure and the issuance of the visa by the competent German mission abroad.

Frist

In the case of family reunification with the skilled worker, the application must be submitted within 6 months of the skilled worker's entry into Germany

Weiterführende Informationen

nicht vorhanden

Hinweise

nicht vorhanden

Rechtsbehelf

nicht vorhanden

Kurztext

  • Accelerated Procedure for Skilled Workers to Obtain a Residence Permit
  • Employers can apply for an accelerated skilled worker procedure with the power of attorney of the foreign skilled worker.
  • The accelerated procedure for skilled workers also includes family reunification of the spouse and minor unmarried children of the skilled worker if the entry takes place in a temporal context.
  • The accelerated procedure for skilled workers is a voluntary offer. By law, the regular visa procedure is still open to skilled workers and, if applicable, their family members.
  • Depending on the Foreigners' Registration Office and your concerns, it is possible to apply online or in person.
  • A fee of 411 euros will be charged for the implementation of the accelerated procedure for skilled workers. The fee is to be paid at the time of conclusion of the agreement on the implementation of an accelerated procedure for skilled workers. The form of payment varies depending on the authority.
  • Responsible: Foreigners' Registration Office at the place of business where the foreign skilled worker is to be employed;

Ansprechpunkt

For the accelerated procedure for skilled workers:

Foreigners' registration office at the place of business at which the foreigner is to be employed, unless a central office has been set up to carry out the procedure

Zuständige Stelle

nicht vorhanden

Formulare

  • Foreigners' Registration Authority-specific forms are available from your Foreigners' Registration Office, or they may also be offered online.
  • Online procedures possible in isolated cases
  • Written form required: yes
  • Personal appearance required: yes