Beschleunigtes Fachkräfteverfahren beantragen

Residence Act (AufenthG) § 81a

If you as an employer wish to employ a skilled worker from a third country, you can apply for an accelerated skilled worker procedure on behalf of the foreign skilled worker.

In order to shorten the entry procedure, you as an employer can apply for the accelerated skilled worker procedure on behalf of your future employee. The fast-track procedure for skilled workers is aimed at foreigners who wish to enter Germany for a specific purpose (e.g. for the purpose of recognition of foreign professional qualifications or for qualified employment as a skilled worker) as well as their accompanying family members, if the entry takes place at the same time. 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 skilled worker procedure is a voluntary offer. By law, the regular entry procedure is still available to you and your skilled worker. The accelerated procedure for skilled workers does not guarantee that a visa will be issued by the German diplomatic mission abroad.

The accelerated procedure for skilled workers does not include an administrative procedure. The Immigration Office acts as a central procedural intermediary within the framework of the accelerated procedure for skilled workers. If all requirements are met, the Saarland Central Immigration Office issues a so-called preliminary approval, which it sends to the employer for forwarding to the skilled worker. The latter then books an appointment with the diplomatic mission abroad to apply for the visa. As a rule, the diplomatic mission abroad will make an appointment for the visa application within three weeks of receiving the preliminary approval. At this appointment, the original of the preliminary approval must be presented together with the other documents required for the visa application.

• Proof of authorization of the employer by the skilled worker and, if applicable, proof of sub-authorization
• Passport or substitute passport of the skilled worker
• Copy of the certificate of residence status of the skilled worker if currently residing in another EU country.
• Proof of adequate pension provision
• If applicable, notification from the competent recognition body of the equivalence of the vocational training completed abroad (if available)
• If applicable, certificate assessment 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 higher education qualification for the purpose of employment in a regulated profession (if available)
• If required: Professional license or confirmation of the granting of a professional license. If necessary, the Saarland Central Immigration Office will initiate the procedure to determine the equivalence of the professional qualification acquired abroad or to assess the foreign university degree.
• The following documents must be submitted for the procedure to be carried out:
• Proof of training in the original language and a German translation as a copy.
• Curriculum vitae in tabular form (in German) from the start of the relevant training: with a complete list of the training and further education courses completed and all gainful employment held.
• If available: Proof of relevant professional experience in the original language and in German translation as a copy (e.g. job references, work books, letters of reference).
• If available: other proof of qualifications in the original language and as a copy in German translation (e.g. certificates of further training, training courses, courses, language level).
• A declaration in German signed by the specialist stating that no application for determination of equivalence has yet been submitted in the Federal Republic of Germany.
• If the name on the passport differs from the name on the training certificate: Proof of name change in the original language and a German translation as a copy.
• If necessary, the Saarland Central Immigration Office will obtain the approval of the Federal Employment Agency once the procedure for determining the equivalence of the professional qualification acquired abroad has been successfully completed. For the involvement of the Federal Employment Agency, a completed form "Declaration of employment including supplementary sheet A (for recognition procedures according to § 16d AufenthG) signed by the employer must be submitted.
• For professional drivers, the declaration of employment and supplementary sheet C must be completed. (-see under "Further information")
• In the event that family members wish to join you within 6 months, appropriate proof must be submitted:
• Color copies of the passports of all family members.
• Powers of attorney of the family members joining you (see under "Further information")
  
• If spouses/life partners are joining you, the following documents 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 single copy
• If required: Certificate of German language proficiency at level A 1.
  
• If children are joining you, the following documents must also be submitted:
• International birth certificate(s) as officially certified copy(s) or
• Original(s) 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, each as a single copy(s)
• Color copy of the passport. Copies of the passport data sheet only (not the entire passport) In the case of family reunification with the skilled worker: also color copies of the passports of the family members joining them
• If the skilled worker is staying in another EU member state:
• Copy of the residence permit of the other EU member state.
• In the case of family reunification with the skilled worker:
• Also copies of the residence permits of the family members joining the skilled worker if they are also residing in another EU member state.
• Proof of training: In the case of a skilled worker with qualified vocational training:
• Certificate of training / training certificate
• For a specialist with academic training: University degree (in each case in the original language as an officially certified copy and in German translation as a simple copy).
  
• Curriculum vitae in tabular form (in German): From the start of the relevant training: Complete list of training and further education courses completed and all gainful employment held
• Only for regulated professions:
• Proof of lawful exercise of the profession in the country of origin. If the skilled worker has already worked in a regulated profession (especially in the healthcare sector) in the country of origin, corresponding proof must be provided (e.g. professional license)
  
• Proof of relevant professional experience:
• For example: job references, work books, letters of reference (in each case in the original language as an officially certified copy and in German translation as a simple copy)
  
• Other proof of qualifications (if available):
• For example: diplomas and certificates of further training, courses, courses, language level (In each case in the original language as an officially certified copy and in German translation as a simple copy)
• If available: Previous notifications of recognition of professional training.
• Declaration of equivalence of foreign training that has not yet been determined. Only if the vocational or academic qualification has not already been recognized in Germany: A declaration in German signed by the skilled worker stating that no application has yet been made in the Federal Republic of Germany to establish the equivalence of the foreign training qualification with a comparable German qualification.
• As a rule: Fully completed form "Declaration of employment (job description)" signed by the employer. Exception: In the case of a procedure to determine the equivalence of the qualification acquired abroad, the form is only required after the positive conclusion of the recognition procedure.
• If the spouse is joining you: Certified copy of the international marriage certificate or certified copy of the national marriage certificate with apostille (in both cases together with a certified translation into German)
• If the spouse is joining you: Certificate of German language proficiency (if required)
• If children are joining you: Certified copy of the international birth certificates or certified copy of the national birth certificates with apostille (in both cases together with certified translation into German)
• Power of attorney issued to the employer by the specialist. If the employer wishes to commission external service providers for the procedure, the skilled worker must have issued a sub-authorization for this purpose. In the case of family reunification with the skilled worker: also authorizations of the reunifying family members.
• Sub-authorization Authorization of an employee of the employer or sub-authorization for a commissioned external service provider
• The following documents are required to sign the agreement on the accelerated skilled worker procedure in accordance with Section 81a of the Residence Act (AufenthG):
• Identity of the skilled worker: color copy of the name page of the recognized and valid passport or passport replacement of the skilled worker. Certificate of the right of residence in another EU member state of the skilled worker as a color copy, in case of current residence in another EU member state Authorization / sub-authorization Signed power of attorney of the skilled worker for the employer to carry out an accelerated skilled worker procedure. Sub-authorization to the authorized person of the employer for the accelerated skilled worker procedure (power of representation) Complete contact details of the skilled worker abroad for the conclusion of the agreement. Contact details of the employer's contact person including a deputy (if applicable, contact details of the contact person of the sub-authorized representative including a deputy). Funds in the amount of the fee due of EUR 411.00. The documents to be submitted may vary greatly depending on the purpose of your stay; please contact the Saarland Central Foreigners' Registration Office.
  

• The foreign worker has a recognized and valid passport or passport substitute. In the case of family reunification, family members must also present valid passports.
• The foreign worker is entering the country for a specific purpose of residence (for the purpose of vocational training, recognition of foreign professional qualifications, for qualified employment as a skilled worker)
• The procedure can also be applied 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 concrete job offer (for proof of the concrete job offer, see the "Declaration of employment relationship" under "Further information")
• The foreign worker has not yet submitted a visa application in the country of origin. 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 your livelihood and health insurance cover from income without claiming 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 the foreign worker also wish to use the procedure, they must also issue a power of attorney.
• You can also authorize third parties (e.g. a law firm) to carry out the procedure by means of sub-authorizations. The specialist and their family members must also authorize you to do this. You have concluded an agreement with the Saarland Central Immigration Office to carry out the accelerated procedure for skilled workers.
• Foreign skilled worker with qualified vocational training or a university degree. Possession of a domestic qualified vocational qualification or a foreign vocational qualification that is equivalent to a domestic qualified vocational qualification, or possession of a German or (possibly already recognized) foreign university degree, or a foreign university degree that is comparable to a German university degree
• Employment contract or concrete job offer. You should already have an employment contract, or at least a draft.
• Permanent establishment in Saarland: The Saarland Central Immigration Office is only responsible if the skilled worker is to be employed in a permanent establishment in Saarland. According to Section 12 of the German Fiscal Code, a permanent establishment is any fixed place of business or facility that serves the activities of a company. In the case of an accelerated skilled worker procedure, it is therefore irrelevant for the jurisdiction of the Central Immigration Authority whether the foreign skilled worker will take up residence in Saarland or another federal state.
• No visa application in the country of origin: The skilled worker in question is still in their country of origin or in a third country and has not yet applied for a visa at a German diplomatic mission abroad. This also applies to spouses and underage unmarried children who wish to relocate to Germany together with the skilled worker or a maximum of 6 months later as part of family reunification.
• Language skills: In some cases, both the skilled worker and the spouse must have German language skills. If necessary, you will receive individual advice on this.
• Valid passport: Valid passports must be available for both the foreign skilled worker and their family members.
• Health insurance: Those with statutory health insurance are adequately insured. Those with private health insurance must check the type and scope of their health insurance.
• Authorizations: The skilled worker must issue a power of attorney to their future employer to carry out the procedure. If family members of the specialist also wish to use the procedure, they must also issue the employer with a power of attorney. The employer can also use sub-authorizations to commission service providers such as relocation services or law firms to carry out the procedure. The skilled worker and their family members must also authorize the employer to do this.
• Written agreement with the Saarland Central Immigration Office: Before the procedure is initiated, a written agreement is made between the employer and the Saarland Central Aliens Authority. This agreement includes, in particular, a description of the procedures and deadlines for the procedure, the documents to be submitted and the authorizations granted.

Implementation of the accelerated skilled worker procedure: 411 euros. The fee must be paid upon conclusion of the agreement on the implementation of an accelerated skilled worker procedure. The costs for the necessary professional recognition and the issuing of any necessary professional license as well as fees incurred at the foreign representation and the costs for the issuing of documents, for authenticity checks, the translation of documents into German and the making and certification of copies etc. are to be borne by the skilled worker or the employer.

• If you have any questions about the accelerated skilled worker procedure, please contact the Saarland Central Immigration Office by e-mail.
• The Saarland Central Immigration Office will advise you on the procedural steps and the necessary involvement of other authorities.
• The Saarland Central Immigration Office is responsible if the company where you wish to employ your skilled worker is located in Saarland.
• To apply for the accelerated skilled worker procedure, you will need a power of attorney from your future skilled worker.
• To carry out the procedure, you conclude a corresponding agreement with the Saarland Central Immigration Office which includes, among other things, your obligations as an employer, those of the skilled worker and the authorities involved (Immigration Office, Federal Employment Agency, recognition offices, German diplomatic mission abroad). You will also receive a description of the procedures, including details of the parties involved, the documents to be provided and the deadlines. When concluding the agreement, you must pay the fees of 411 euros.
• If necessary, the Saarland Central Immigration Office will initiate the procedure for the recognition or equivalence assessment of foreign qualifications and send the application and required documents to the competent authority. The competent authorities should decide on recognition within two months of receiving the complete application documents. If documents are still missing, the Foreigners' Registration Office will contact you.
• If necessary, the Saarland Central Immigration Office will initiate the approval procedure with the Federal Employment Agency once the recognition procedure has been successfully completed. If the Federal Employment Agency does not respond within one week, approval is deemed to have been granted.
• If all requirements are met, including the determination of equivalence or comparability of the professional qualification and the approval of the Federal Employment Agency, the Saarland Central Immigration Office will approve the 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 is then given an accelerated appointment to apply for the visa. This must take place within three weeks. Once the visa application has been submitted in full on the scheduled date, a decision on the application is usually made within three weeks.
• The procedure can also be used for family reunification of spouses and unmarried minor children, provided that the applications are submitted in a timely manner (i.e. within 6 months of the skilled worker entering the country).

• 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 issuing of the visa by the competent German diplomatic mission abroad.
• There are at least 15 weeks between the initiation of the procedure and the issuing of the entry visa by the competent German diplomatic mission abroad:
• Around 8 weeks are allowed for the necessary examinations for recognition of the qualification by the competent authorities (§14a BQFG). However, this deadline can only be met if all the necessary documents for recognition are available in full at the start of the procedure. The recognition bodies can extend this deadline once by a reasonable period of time with justification.
• The (subsequent) involvement of the Federal Employment Agency for the employment permit should be completed within one week.
• The appointment with the German diplomatic mission abroad and the issuing of the visa should take place within 6 weeks.
• After the complete visa application has been submitted by the skilled worker, a decision is usually made within a further three weeks.

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

Contact for visa/residence: In principle, the German diplomatic missions in the country of origin are responsible for issuing the necessary visa.

• Accelerated procedure for skilled workers to obtain a residence permit
• Employers can apply for an accelerated skilled worker procedure on behalf of the foreign skilled worker.
• The accelerated procedure for skilled workers also includes family reunification for the spouse and unmarried minor children of the skilled worker if the entry into the country takes place at the same time.
• The accelerated skilled worker procedure is a voluntary offer. By law, the regular visa procedure is still available to skilled workers and, if applicable, their family members.
• A fee of 411 euros is charged for the accelerated skilled worker procedure. The fee must be paid when the agreement on the accelerated procedure for skilled workers is concluded.
• Responsible: Saarland's central immigration authority if the business establishment where the foreign skilled worker is to be employed is located in Saarland.

Central Foreigners' Registration Office of the Saarland, if the place of business where the foreigner is to be employed is located in the Saarland.

For the accelerated skilled worker procedure: Central Foreigners' Registration Office of Saarland, if the place of business where the foreigner is to be employed is located in Saarland.

• Foreigners authority-specific forms can be obtained from your foreigners authority; these may also be available online.
• Online procedure occasionally possible
• Written form required: yes (contact: e-mail or telephone possible)
• Personal appearance required: if desired
• Declaration of employment (job description)