With the Skilled Worker Immigration Act (Fachkräfteeinwanderungsgesetz – FEG), which came into force in March 2020, law-makers have created a number of new rules for work-related migration.
According to the law, the following persons are defined as “skilled workers”:
- Skilled workers with vocational training qualifications (section 18a of the German Residence Act (AufenthG))
- Skilled workers holding a university degree (section 18b of the German Residence Act)
- Researchers (section 18d of the German Residence Act)
The new rules include, in particular:
- Section 18a of the German Residence Act – fast-track procedure for skilled workers
- Section 18c of the German Residence Act – permanent settlement permit for skilled workers
Section 18a Fast-track procedure for skilled workers
The fast-track procedure for skilled workers according to section 18a of the German Residence Act is intended to provide employers and skilled workers with a faster and more effective procedure for entering the Federal Republic of Germany in the context of work-related migration.
The fast-track procedure according to section 18a of the German Residence Act is an alternative to the regular application procedure.
In the fast-track procedure under section 18a of the German Residence Act, the following visa applications in particular are reviewed and decided on in an accelerated manner:
- Vocational training in accordance with section 16a of the German Residence Act
- Residence for the recognition of foreign professional qualifications according to section 16d of the German Residence Act
- Residence for employment as a skilled worker with vocational training qualifications according to section 18a of the German Residence Act
- Residence for employment as a skilled worker with a university degree in accordance with section 18b of the German Residence Act
- A permanent settlement permit as a highly qualified skilled worker according to section 18c of the German Residence Act and for other qualified employees (section 18c para. (5) of the German Residence Act)
Simultaneously, the fast-track procedure pursuant to section 18a para. (4) of the German Residence Act also covers visa applications for the subsequent immigration of family members in accordance with sections 29, 30 and 32 of the German Residence Act (spouses and unmarried minor children), if the visa applications are submitted at the same time
The procedure
Authorised by a power of attorney from the foreign citizen, the employer can file the application for qualified employment in Germany on behalf of his prospective employee. An application by the skilled worker himself or herself is not envisaged in the procedure under section 18a of the German Residence Act.
The aim of the application is to obtain a preliminary approval from the central foreign citizens’ authority and the domestic authorities that are to be involved for the issuance of a visa in accordance with section 31 para. (3) of the German Residence Ordinance (AufenthaltsV).
The procedure under section 18a of the German Residence Act also requires an agreement on the mutual obligations and duties between the competent foreign citizens’ authority and the employer. For example, the foreign citizens’ authority is authorised by the employer to initiate and conduct the procedure for determining the equivalence of professional qualifications acquired abroad. In turn, the employer undertakes to ensure compliance with the foreign citizen’s duty to cooperate under section 82 para. (1) sentence 1 of the German Residence Act.
The competent foreign citizens’ authority then examines the requirements for issuance that are to be clarified in Germany and acts as an interface with the other authorities to be involved in the procedure.
As soon as all the requirements in question have been met, the foreign citizens’ authority approves the issuance of a visa in accordance with section 31 para. (3) of the German Residence Ordinance (AufenthV) in the context of a preliminary approval.
It also informs the competent diplomatic mission about the foreign citizen’s application.
As a result, the diplomatic mission will also be required to fast-track the scheduling of appointments and decision-making.
According to section 31a para. (1) of the German Residence Ordinance, the diplomatic mission must then schedule an appointment within three weeks for the foreign citizen to apply for a visa in person and, according to section 31a para, (2) of the Residence Ordinance, will usually issue a decision within three weeks.
Fees
The fees charged for the fast-track procedure for skilled workers under section 18a of the German Residence Act, amount to EUR411.00 pursuant to section 47 para. (1) no. 15.
The fees for the regular visa application procedure amount to EUR 75.00 in accordance with section 46 para. (2) no. 1 of the German Residence Ordinance.
