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Accelerated procedure for skilled workers
All Information about the accelerated procedure for skilled workers (Germany 2024)
... what the accelerated skilled worker procedure is
... how long the accelerated procedure for skilled workers takes compared to the normal visa procedure
... for which residence titles (apart from the EU Blue Card) you can use the fast-track procedure for skilled workers
... how you can carry out the accelerated procedure for skilled workers.
HERE YOU LEARN ...
1 What is the accelerated skilled worker procedure?
2 How long does the accelerated skilled worker procedure take?
3 Which authority is responsible for the accelerated skilled worker procedure?
4 Which residence titles can I obtain with the accelerated skilled worker procedure?
Table of Content
1. What is the accelerated skilled worker procedure?
The visa procedure is a complex and non-transparent process. In principle, the approval of many different authorities is required for the visa to ultimately be issued. This applies in particular to the following authorities:
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the Federal Employment Agency must decide on access to the labor market,
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Recognition offices (e.g. the Central Office for Foreign Education (ZAV)) must decide on professional recognition,
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the foreigners authority must decide whether the residence requirements have been met,
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the embassy must decide on the existence of security concerns and grounds for refusal.
As these processes are almost impossible for legal laypersons to manage (let alone understand), the legislator has created the possibility of bundling all processes at a central authority. These authorities are the state-specific Central Offices for Skilled Immigration. In purely legal terms, these central offices constitute a separate immigration authority. Although the central offices do not decide on the numerous necessary approvals on their own authority (see above), they act as a service provider to the employer by representing the employer with the respective authorities in the respective approval procedures. This representation is known as the "accelerated skilled worker procedure". By bundling the various administrative procedures at the Central Office for Skilled Immigration, the aim is to significantly speed up the process.
2. How long does the accelerated skilled worker procedure take?
How long the accelerated skilled worker procedure takes in practice unfortunately depends on many factors. In purely legal terms, however, all parties involved in the accelerated procedure for skilled workers are bound by certain deadlines.
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The following deadlines apply:
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the approval of the Federal Employment Agency is assumed to have been notionally granted if the Federal Employment Agency does not respond to the request from the Central Office for Skilled Immigration within one week,
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recognition procedures must be carried out within 4 weeks instead of 4 months,
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the embassy must offer a visa appointment within three weeks of receiving the application and decide on the application within a further three weeks.
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Unfortunately, the accelerated procedure for skilled workers is not as fast in practice as the name initially suggests. In practice, the procedure has proven to be relatively ineffective. The main reason for this is that the immigration authorities (which are actually supposed to act as a service provider here in the form of the Central Office for Skilled Immigration) are themselves completely overloaded. An additional problem is that the real bottleneck in visa procedures is often the availability of appointments. Unfortunately, this also applies to the deadlines for issuing a visa in the accelerated skilled worker procedure. Even if this sounds sobering at first, in certain cases it can still make sense to carry out the accelerated skilled worker procedure.
3. Which authority is responsible for the accelerated skilled worker procedure?
As in the regular procedure, the local immigration authority is responsible for carrying out the accelerated procedure for skilled workers. In some federal states, however, central immigration authorities have been set up for the accelerated procedure for skilled workers. This is the case in the following federal states, for example:
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Bavaria: Central office for the immigration of skilled workers
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Hamburg: Hamburg Welcome Center for Professionals
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NRW: Central Office for Skilled Immigration North Rhine-Westphalia
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Rhineland-Palatinate: Central Immigration Office for Skilled Immigration
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Schleswig-Holstein: Central Office for Skilled Immigration Schleswig-Holstein
Make-it-in-germany.com has published a list of all existing immigration authorities for the accelerated skilled worker procedure. The competent authority is always the authority in whose area of responsibility the place of business in which the skilled worker is to be employed is located (Section 31 (4) AufenthV).
4. For which residence titles can I apply with the accelerated skilled worker procedure?
The residence titles that can be applied for using the accelerated procedure for skilled workers are listed exhaustively in the law. These are the following residence titles:
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EU Blue Card or employment as other skilled worker (esp. IT specialists),
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executive employees, managers and company specialists,
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Residence permit for vocational training/company training,
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Recognition of foreign qualifications (notice of deficit),
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Researchers, scientists, teachers.
Under certain conditions, the accelerated skilled worker procedure can be carried out not only for the respective skilled worker, but also for the accompanying family members.
5. How to carry out the accelerated skilled worker procedure
The employer concludes a contract with the immigration authority for the implementation of the accelerated skilled worker procedure. The service to be provided by the foreigners authority in accordance with the contract is the mediation between the employer and the other parties involved in the procedure (e.g. Federal Employment Agency and Central Office for Foreign Education (ZAB)).
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You can download a sample template for the agreement and the power of attorney here:
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Download sample agreement accelerated skilled worker procedure (PDF)
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Download Power of Attorney Accelerated Skilled Worker Procedure (PDF)
The sample template may need to be supplemented in individual cases, depending on which services (e.g. implementation of the recognition procedure) are to be provided by the immigration authority.
6. FAQ accelerated skilled worker procedure
Can third parties with power of attorney carry out the accelerated skilled worker procedure?
Yes, the employer does not have to carry out the accelerated procedure for skilled workers themselves. The accelerated procedure for skilled workers can, for example, be carried out by law firms or, in certain cases, by relocation service providers.
Can I also apply for advance approval from the Federal Employment Agency at the same time?
Yes, employers have the right to choose between the respective procedures and do not have to limit themselves to one procedure. It is also possible to apply for a visa in parallel. However, parallel procedures should be avoided for reasons of procedural economy and can also be rejected by the immigration authority due to a lack of interest in a substantive decision (procedural discretion).
Can I use the accelerated skilled worker procedure for the ICT card?
No, the accelerated procedure for skilled workers is not generally aimed at posted workers (e.g. ICT card or international exchange of persons).
Does the immigration authority have to carry out the fast-track procedure for skilled workers?
Yes, if the employer meets the requirements, the immigration authority cannot refuse to carry out the accelerated procedure for skilled workers.
What does the accelerated procedure for skilled workers cost?
The fee for the accelerated procedure for skilled workers is EUR 411. The fee is usually charged after the cooperation agreement has been signed. Additional costs may be incurred for the recognition procedure, the professional license, translations, document checks and the actual visa procedure. The fee will not be refunded if the accelerated skilled worker procedure is unsuccessful (e.g. because a requirement is not met).
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