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Ausnahmebewilligung zur Eintragung in die Handwerksrolle bekommen

Hessen 99058065001000, 99058065001000 Typ 3

Inhalt

Leistungsschlüssel

99058065001000, 99058065001000

Leistungsbezeichnung

Obtaining an exemption permit for entry in the register of craftsmen

Leistungsbezeichnung II

nicht vorhanden

Leistungstypisierung

Typ 3

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung

Leistungsgruppierung

Handwerk (058)

Verrichtungskennung

Erteilung (001)

SDG Informationsbereiche

  • Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens

Lagen Portalverbund

  • Befähigungs- und Sachkundenachweise (2010200)
  • Erlaubnisse und Genehmigungen (2010400)

Einheitlicher Ansprechpartner

Ja

Fachlich freigegeben am

24.11.2023

Fachlich freigegeben durch

Hessian Ministry of Economics, Energy, Housing and Transport

Teaser

Are you from another EU/EEA country or Switzerland and would like to practice a craft requiring a license in Germany? Then you can have your professional experience and training certificates recognized in Germany under certain conditions.

Volltext

You must be registered in the Register of Craftsmen if you wish to operate a craft requiring a license in Germany.
This also applies if

  • you wish to carry out a significant part of a craft requiring a license on a self-employed basis.
  • you want to carry out several trades requiring a license on a self-employed basis. In this case, you need to be entered in the register of craftsmen for each craft requiring a license.

Registration in the Register of Craftsmen is possible for

  • natural or legal persons and
  • partnerships with legal capacity.

In addition to the business, the management of the business is also entered in the register. The management of a skilled crafts business must meet the professional requirements (proof of qualification) for practising the skilled crafts requiring a license. Both owners of a skilled crafts business and employed persons are eligible as management. Proof of qualification can be provided in the form of a master craftsman's certificate for the respective trade or an equivalent domestic or foreign professional qualification. For nationals of the EU, the EEA and Switzerland, there are special recognition regulations in this respect as part of a procedure for the granting of an exemption permit.

In principle, you can obtain an exemption permit by having your training certificates and/or professional experience recognized. The periods of professional experience to be proven can be shortened by providing proof of training in a skilled trade.

Recognition of professional experience:
When recognizing professional experience, proof must be provided that at least essential activities of the trade have been carried out over certain periods of time. For example, at least six years of uninterrupted full-time work as a self-employed person or self-employed person or company manager or company manager within the last ten years may be sufficient. Recognition of practical professional experience is not possible if the applicant wishes to work in a healthcare trade (optician, hearing aid technician, orthopaedic technician, orthopaedic shoemaker, dental technician).

Recognition of formal professional qualifications:
Recognition of formal professional qualifications documented by training certificates or certificates of competence is possible for all craft trades requiring a license. The prerequisite is the acquisition of a corresponding qualification in an EU/EEA member state or Switzerland. In detail, the recognition regulations differentiate according to whether the profession or at least the training in the country of origin is also regulated or not. If the content of the training differs from that of the domestic reference qualification (master craftsman's certificate) or if the profession in the country of origin does not include essential activities that are the subject of the profession in Germany, the applicant may choose to participate in an adaptation period or take an aptitude test.

Note: Alternatively, professional qualifications can also be recognized on the basis of an equivalence assessment. This procedure is regulated in Section 50c of the Crafts Code (HwO) and applies regardless of nationality requirements and for all professional qualifications, regardless of where they were acquired.

Erforderliche Unterlagen

  • Application for exemption authorization for entry in the register of craftsmen
  • Proof of professional experience and / or training qualification

Voraussetzungen

  • You must be a citizen or national of a member state of the European Union, the European Economic Area or Switzerland.
  • Recognition of professional experience:
    You must provide evidence of one of the following requirements regarding your professional experience, taking into account any training:
    • You have worked continuously for at least 6 years as a self-employed or self-employed person or as a person responsible for a business. You have not ended your activity more than 10 years before submitting your application.
    • You have been self-employed or self-employed for at least 3 consecutive years or have been responsible for a business. You have previously completed at least three years of training in the trade.
    • You have worked for at least 4 years without interruption as a self-employed or self-employed person or as a manager or manager of a business. You have previously completed at least two years of training in the trade.
    • You have worked as a self-employed person for at least 3 years without interruption and as an employee for at least 5 years. You have not ended your activity more than 10 years before submitting your application.
    • You have held a managerial position in a company for at least 5 consecutive years. Of these 5 years, your work was characterized by technical tasks and responsibility for at least one department of the company for at least 3 years. You have also completed at least three years of training in the trade.
  • Recognition of formal professional qualifications:
    Recognition of formal professional qualifications documented by training certificates or certificates of competence is possible for all skilled trades requiring a license. The prerequisite is the acquisition of a corresponding qualification in an EU/EEA member state or Switzerland. In detail, the recognition regulations differentiate according to whether the profession or at least the training in the country of origin is also regulated or not. If the content of the training differs from that of the domestic reference qualification (master craftsman's certificate) or if the profession in the country of origin does not include essential activities that are the subject of the profession in Germany, participation in an adaptation period or taking an aptitude test may be considered at the applicant's discretion.

Kosten

The specific fee can be found in the Chamber of Crafts' schedule of fees, which is available on the Chamber's website.

Verfahrensablauf

nicht vorhanden

Bearbeitungsdauer

There are statutory deadlines for the exemption procedure. The competent authority must confirm receipt of the documents to applicants within one month and inform them whether any documents are missing. A decision on the application must be made no later than three months after submission of the complete documents. This period may be extended by one month if this is justified in individual cases, in particular due to the scope or the factual or legal difficulties of the case. It may then be necessary to take part in an adaptation period or pass an aptitude test.

Frist

You can only practice a craft requiring a license if you are entered in the register of craftsmen. An exemption permit must therefore be applied for in good time.

Weiterführende Informationen

nicht vorhanden

Hinweise

If the professional qualification was acquired outside the EU, the European Economic Area or Switzerland, but has already been recognized in one of these countries and the profession has been practiced full-time for at least three years, you can also apply for an exemption permit for entry in the register of craftsmen.

Rechtsbehelf

Legal action can be taken against a rejection of an application for entry in the Register of Craftsmen. Depending on the federal state in which the application was submitted, a preliminary procedure must first be carried out. Information on the existing legal remedies can be found in the information on legal remedies in the notices.

Kurztext

  • Exemption permit for entry in the Register of Craftsmen pursuant to Section 9 (1) HwO - Issuing
  • Entry in the Register of Craftsmen
    • generally requires a passed master craftsman's examination or at least an equivalent professional qualification, which may have been obtained in Germany or abroad
    • is necessary for
      • natural or legal persons or for
      • partnerships with legal capacity who wish to operate a craft requiring a license independently
  • Persons from other EU/EEA countries and Switzerland must also be entered in the Register of Craftsmen if they wish to practise a craft requiring a license as a standing trade in Germany, but can make use of special regulations for recognition as part of an exceptional approval procedure
  • Exceptional authorization enables the recognition of professional experience as well as training and qualification certificates
  • Recognition of professional experience:
    When recognizing professional experience, proof must be provided that at least essential activities of the trade have been carried out over certain periods of time. For example, at least six years of uninterrupted full-time work as a self-employed person or self-employed person or manager or manager within the last ten years may be sufficient. Recognition of practical professional experience is not possible if the applicant wishes to work in a healthcare trade (optician, hearing aid technician, orthopaedic technician, orthopaedic shoemaker, dental technician).
  • Recognition of formal professional qualifications:
    Recognition of formal professional qualifications documented by training certificates or certificates of competence is possible for all craft trades requiring a license. The prerequisite is the acquisition of a corresponding qualification in an EU/EEA member state or Switzerland. In detail, the recognition regulations differentiate according to whether the profession or at least the training in the country of origin is also regulated or not. If the content of the training differs from that of the domestic reference qualification (master craftsman's certificate) or if the profession in the country of origin does not include essential activities that are the subject of the profession in Germany, the applicant may choose to participate in an adaptation period or take an aptitude test.
  • Note: Alternatively, professional qualifications can also be recognized on the basis of an equivalence assessment. This procedure is regulated in Section 50b of the Crafts Code (HwO) and applies regardless of nationality requirements and for all professional qualifications, regardless of where they were acquired.
  • Responsible:
    • Chamber of Crafts in whose district the main commercial establishment is located.
    • If this place of business has not yet been determined, the Chamber of Skilled Crafts in whose district the applicant's place of residence is located is responsible.
    • In the case of procedures for the granting of an exemption permit or determination of equivalence from abroad, the Chamber of Skilled Crafts in whose district the future place of business is located is responsible.

Ansprechpunkt

nicht vorhanden

Zuständige Stelle

The Chamber of Skilled Crafts in whose district the main commercial establishment is located is responsible.

Formulare

Yes