Aliens law: How employers can bring foreign skilled workers to Germany

With the Skilled Immigration Act, which came into force in March 2020, and the reform through the Act on the Further Development of Skilled Immigration of 16 August 2023 („FEG 2.0“), the rules on labour migration were fundamentally revised in several stages by June 2024. The aim is to make it easier for qualified skilled workers from third countries to immigrate and to speed up procedures.

1. who is considered a „skilled worker“?

According to Section 18 (3) AufenthG, a skilled worker is a person who has completed qualified vocational training or a university degree. Relevant residence titles are in particular

• Skilled workers with vocational training (§ 18a AufenthG)

• Skilled workers with an academic qualification (§ 18b AufenthG)

• Researchers (§ 18d AufenthG)

• Holders of an EU Blue Card (Section 18g AufenthG)

• Skilled workers who are seeking a settlement permit in accordance with Section 18c AufenthG (in particular para. 3 for highly qualified skilled workers).

FEG 2.0 has created additional access routes, including through recognition partnerships and professional experience (e.g. § 16d, § 19c AufenthG in conjunction with the Employment Ordinance). However, when it comes to the practical question of how a skilled worker can enter Germany, there are still two main procedural routes:

1. the accelerated skilled labour procedure in accordance with § 81a AufenthG and

2. the regular visa procedure via the German diplomatic mission abroad.

2. the accelerated skilled labour procedure according to § 81a AufenthG

2.1 Purpose and scope of application

The accelerated skilled worker procedure is intended to offer employers and skilled workers a predictable and speedy entry procedure and is a legally regulated alternative to the regular visa procedure. It can be considered if the skilled worker is to enter the country for one of the following purposes (Section 81a (1) and (5) AufenthG):

• Vocational training (§ 16a AufenthG)

• Stays for the recognition of foreign professional qualifications (§ 16d AufenthG)

• Employment as a skilled worker with vocational training (§ 18a AufenthG)

• Employment as a skilled worker with an academic qualification (Section 18b AufenthG)

• Settlement permit for highly qualified skilled workers (Section 18c (3) AufenthG)

• EU Blue Card (§ 18g AufenthG)

• other qualified employees, such as certain IT professionals and specialists (Section 19c AufenthG in conjunction with BeschV).

The application can only be submitted by the German employer. A written authorisation from the foreign skilled worker is required; the skilled worker himself does not act as an applicant in Germany within the scope of the Section 81a procedure.

2.2 Family reunification

According to § 81a Para. 4 AufenthG, the accelerated procedure also includes the family reunification of the spouse and unmarried minor children if their visa applications are submitted at the same time. The applications of the family members are then examined at an accelerated rate together with the application of the skilled worker. FEG 2.0 has also introduced simplifications for family reunification with skilled workers in various constellations; the specific requirements depend on the respective residence title and the date on which the title was issued.

2.3 Procedure for the accelerated skilled labour procedure

The process can be summarised in three steps:

1. authorisation and agreement
The skilled worker authorises the employer. The employer applies for the accelerated skilled worker procedure at the responsible immigration authority at the place of business. An agreement is concluded with the authority in accordance with Section 81a (2) AufenthG, which regulates, among other things, authorisations, evidence to be submitted, deadlines and the obligations to cooperate in accordance with Section 82 (1) sentence 1 AufenthG. The immigration authority is often also authorised to initiate and conduct the recognition procedure for the foreign qualification.

2. domestic examination and prior approval
The Foreigners' Registration Office acts as the central interface: it checks the requirements to be met in Germany, initiates recognition or certificate assessment procedures if necessary, obtains the approval of the Federal Employment Agency and prepares the so-called preliminary approval for issuing the visa. If all requirements are met, it issues this preliminary approval in accordance with Section 31 (3) and (4) AufenthV and files it in the Central Register of Foreigners. At the same time, the competent diplomatic mission abroad is informed of the forthcoming visa application.

3. visa application at the diplomatic mission abroad
The skilled worker applies for the national visa (D visa) at the German embassy or consulate on the basis of the pre-approval. In the accelerated skilled worker procedure, the diplomatic mission abroad is bound by shorter deadlines: It should offer an appointment for an interview within three weeks of receiving the appointment request and generally decide on the complete application within a further three weeks (Sec. 31a (1) and (2) AufenthV).The final decision on the visa is nevertheless made by the diplomatic mission abroad.

2.4 Fees

The immigration authority charges a fee of EUR 411.00 for the accelerated skilled worker procedure in accordance with Section 47 (1) No. 15 AufenthV. In addition, a visa fee of EUR 75.00 is usually charged for the national visa in accordance with Sec. 46 (2) No. 1 AufenthV. In addition, there are often costs for translations, legalisations and recognition procedures.

Irrespective of the accelerated skilled worker procedure, the „normal“ visa procedure via the diplomatic mission abroad remains the standard way of bringing skilled workers to Germany. It is particularly suitable if sufficient time is available or if the additional fee and organisational effort of the Section 81a procedure do not appear necessary.

Here too, the starting point is usually a specific employment contract or a binding job offer that fulfils the requirements of the desired residence permit (e.g. Section 18a, Section 18b or Section 18g AufenthG). The employer provides support in recognising the qualification and compiling the documents; however, the skilled worker applies for the national visa themselves at the relevant German embassy or consulate.

Since 2025, national visas for many residence purposes can be applied for digitally via the foreign portal of the Federal Foreign Office; in addition, the classic application in paper form remains possible. In both cases, a personal visit to the diplomatic mission abroad (identity verification, biometric data) is required. There are no legally prescribed decision deadlines in the regular procedure; the processing time depends on the respective diplomatic mission abroad and the completeness of the documents and in practice ranges from a few weeks to several months. Voluntary advance approval by the immigration authority can speed up the procedure, but is not a mandatory requirement.

On 1 July 2025, the previous remonstration procedure against visa refusals was abolished. As a result, the only recourse against a visa refusal is to appeal to the administrative courts.

3.1 Relationship to the accelerated skilled labour procedure

The accelerated skilled labour procedure does not replace the regular visa procedure, but supplements it. Whether the employer chooses the route via Section 81a AufenthG is a strategic decision:

• The accelerated procedure can be useful in the event of urgent staffing requirements and tight deadlines at the diplomatic mission abroad.

• If there is sufficient lead time, the regular procedure - without an additional fee - is often sufficient.

In both variants, careful preparation of the documents is crucial in order to avoid additional claims and delays.

4 Special features of the EU Blue Card (brief overview)

The EU Blue Card has been regulated in Section 18g AufenthG since the implementation of Directive (EU) 2021/1883 and is aimed at highly qualified skilled workers with academic or comparable qualifications. It can be applied for both in the accelerated skilled labour procedure and in the regular visa procedure.

In addition to qualifications, a certain minimum salary is essential. The following values, among others, apply for the year 2025:

• Standard case: at least EUR 48,300 gross per year (50 % of the contribution assessment ceiling for general pension insurance),

• Shortage occupations and certain young professionals: at least EUR 43,759.80 gross per year (45.3 % of the contribution assessment ceiling).

The salary thresholds are adjusted annually and should always be reviewed when drawing up contracts.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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