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Ausnahmebewilligung für Personen aus dem EU/EWR-Ausland und der Schweiz zur Eintragung in die Handwerksrolle beantragen

Brandenburg 99058065001000, 99058065001000 Typ 3

Inhalt

Leistungsschlüssel

99058065001000, 99058065001000

Leistungsbezeichnung

Apply for an exemption permit for persons from other EU/EEA countries and Switzerland for registration 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

  • Anerkennung von Qualifikationen zum Zwecke der Beschäftigung in einem anderen Mitgliedstaat

Lagen Portalverbund

  • Erlaubnisse und Genehmigungen (2010400)
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Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

08.09.2022

Fachlich freigegeben durch

The Senator for Economics, Labour and Europe of the Free Hanseatic City of Bremen Ministry of Economic Affairs, Labour and Energy of the State of Brandenburg 23.05.2023

Teaser

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

Volltext

The entry in the register of craftsmen is necessary if you want to independently operate a craft subject to approval in Germany.
This also applies if

  • you want to independently practice a significant part of a craft subject to licensing.
  • You want to independently practice several crafts that are subject to licensing. In this case, you need to be entered in the register of craftsmen for each craft subject to approval.

Registration in the register of craftsmen is possible for

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

In addition to the company, the management of the company is listed in the register of craftsmen. The management of a craft enterprise must have the professional requirements (proof of qualification) for the exercise of the craft subject to approval. Both owners of a craft business and employees can be considered as managers. Proof of qualification can be provided in the form of a master craftsman's certificate for the respective craft, but also an equivalent domestic or foreign professional qualification. For nationals of the EU, the EEA and Switzerland, there are special recognition regulations within the framework of a procedure for the granting of an exemption permit.

In principle, you can obtain the exemption permit by recognizing your educational evidence and/or professional experience. The periods of professional experience to be proven can be shortened by proof of training in the skilled trades.

Recognition of professional experience:
In the case of recognition of 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 employment as a self-employed person or self-employed person or company manager within the last ten years may be sufficient. Recognition of practical professional experience is not possible if the aim is to work in a health trade (optician, audiologist, orthopaedic technician, orthopaedic shoemaker, dental technician).

Recognition of formal professional qualifications:
Recognition of formal professional qualifications, which are documented by training or certificates of competence, can be considered for all craft occupations subject to licensing. 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 training content 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 recognised on the basis of an equivalence assessment. This procedure is regulated in § 50c of the Crafts Code (HwO) and applies regardless of a nationality requirement and to all professional qualifications, regardless of where they were obtained.
 

Erforderliche Unterlagen

  • Application for an exemption permit for entry in the register of craftsmen
  • Proof of professional experience and/or educational qualification
     

Voraussetzungen

  • You must be a citizen of a member state of the European Union, the European Economic Area or Switzerland.
  • Recognition of professional experience:
    You must prove one of the following requirements regarding your work experience, taking into account any education:
    • You have been self-employed or self-employed for at least 6 years without interruption or as a person in charge of a business. You have not terminated your activity more than 10 years before submitting your application.
    • You have worked for at least 3 years continuously as a self-employed person or as a person in charge of a business or as a person in charge. You have previously completed at least three years of training in the trade.
    • You have worked continuously for at least 4 years as a self-employed person or as a person in charge of a business or as a person in charge of a business. You have previously completed at least two years of training in the trade.
    • You have worked continuously for at least 3 years as a self-employed person and for at least 5 years as an employee. You have not finished the activity more than 10 years before the application is submitted.
    • You have held a managerial position in a company for at least 5 consecutive years. Of these 5 years, your activity was characterized by technical tasks and responsibility for at least one department of the company for at least 3 years. They have also completed at least three years of training in the trade.
  • Recognition of formal professional qualifications:
    Recognition of formal professional qualifications, which are documented by training or certificates of competence, can be considered for all craft occupations subject to licensing. 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 training content 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.

Kosten

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

Verfahrensablauf

nicht vorhanden

Bearbeitungsdauer

There are statutory deadlines for the exemption procedure. For example, the competent authority must confirm receipt of the documents to applicants within one month and inform them of any missing documents. 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 justified in the individual case, in particular by the scope or the factual or legal difficulties of the case. If necessary, it may then be necessary to participate in an adaptation period or take an aptitude test.

Frist

You can only practice a craft subject to approval once you are registered in the register of craftsmen. An exemption must therefore be granted at an early stage.

Hinweise

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

Rechtsbehelf

Legal recourse is open against a rejection of the application for an exemption permit. Information on the existing legal remedies can be found in the instructions on legal remedies in the notices.

Kurztext

  • Exemption permit for entry in the register of craftsmen according to § 9 para. 1 HwO – granting
  • Entry in the register of craftsmen
    • usually requires a passed master craftsman's examination or at least an equivalent professional qualification, which can be acquired at home or abroad
    • is necessary for
      • natural or legal persons, or for
      • Partnerships with legal capacity who want to independently operate a craft subject to authorisation
  • Persons from other EU/EEA countries and Switzerland must also be registered in the register of craftsmen if they want to practice a craft subject to approval as a standing trade in Germany, but can use special regulations for recognition within the framework of an exemption permit procedure
  • Exemption permits the recognition of professional experience as well as training and qualifications
  • Recognition of professional experience:
    In the case of recognition of 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 employment as a self-employed person or self-employed person or company manager within the last ten years may be sufficient. Recognition of practical professional experience is not possible if the aim is to work in a health trade (optician, audiologist, orthopaedic technician, orthopaedic shoemaker, dental technician).
  • Recognition of formal professional qualifications:
    Recognition of formal professional qualifications, which are documented by training or certificates of competence, can be considered for all craft occupations subject to licensing. 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 training content 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 recognised on the basis of an equivalence assessment. This procedure is regulated in § 50b of the Crafts Code (HwO) and applies regardless of a nationality requirement and to all professional qualifications, regardless of where they were acquired.
  • responsible: Chamber of Crafts in whose district the commercial establishment is located
     

Ansprechpunkt

nicht vorhanden

Zuständige Stelle

The Chamber of Crafts in whose district the main commercial establishment is located is responsible. If this registered office has not yet been determined, the Chamber of Crafts in whose district the applicant's place of residence is located is responsible. In the case of proceedings for the granting of an exemption permit or determination of equivalence operated from abroad, the Chamber of Crafts in whose chamber district the future place of activity is located is responsible.

Formulare

yes

Online application:

  • Go to the website of your local Chamber of Crafts or to the service portal of your federal state and select the right online service.
  • The online service guides you step by step through the application.
  • You can submit the required documents digitally.

Written application:

  • Go to the website of your local Chamber of Crafts.
  • Download the application forms for granting an exemption.
  • Fill out the forms completely and send them to your local Chamber of Crafts together with the required proof of your knowledge.
  • Your application and the supporting documents will be checked by the Chamber of Crafts. If the evidence is not sufficient, you may have to take a proficiency test.

After checking your documents, you will receive a right to exercise and a notification of registration if the requirements are met.