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Accelerated skilled worker procedure, acc. § 81a Residence Act
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The most important information on the implementation of the accelerated skilled worker procedure according to Section 81a of the Residence Act
HERE YOU LEARN ...
… what the accelerated skilled worker procedure is
… how long the accelerated skilled worker procedure takes compared to the normal visa procedure
… for which residence permits (apart from the EU Blue Card) you can use the accelerated skilled worker procedure
… how you can carry out the accelerated skilled worker procedure .
Written by:
Attorney
Publication date:
21.06.2024
Reading time
10 mins
Table of Content
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 permits can be applied for using the accelerated skilled worker procedure?
5. Implementation of the accelerated skilled worker procedure
6. FAQ Accelerated skilled worker procedure
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1. What is the accelerated skilled worker procedure?
The visa procedure is a complex and non-transparent process. Basically, the approval of many different authorities is required for the visa to be ultimately issued. This applies in particular to the following authorities:
the Federal Employment Agency must decide on access to the labour market,
Recognition bodies must decide on professional recognition,
the immigration authorities must decide whether the residence requirements are met,
the embassy must decide whether there are security concerns and reasons for refusal.
Since these processes are almost impossible for legal laypeople to manage (and even more impossible to understand), the legislature has created the possibility of bundling all processes at a central authority. These authorities are the state-specific central offices for skilled immigration. From a purely legal perspective, these central offices represent their own immigration authority. Although the central offices do not have the authority to decide on the numerous approvals, they act as service providers to the employer by representing the employer at the respective authorities in the respective approval procedures. This representation is called an "accelerated skilled worker procedure". By bundling the various administrative processes at the Central Office for Skilled Immigration, the process should be significantly accelerated.
2. What deadlines apply in the accelerated skilled worker procedure?
In the accelerated skilled worker procedure, all authorities are bound to certain deadlines. The following deadlines apply:
the approval of the Federal Employment Agency is deemed to have been given fictitiously if the Federal Agency does not respond to the request from the Central Office for Skilled Immigration within one week,
the recognition procedures must be completed within 4 weeks instead of 4 months,
The embassy must offer a visa appointment within three weeks of receipt of the application and decide on the application within a further three weeks.
Unfortunately, the accelerated skilled worker procedure is not as accelerated in practice as the name initially suggests. In practice, the procedure has proven to be relatively ineffective. This is mainly because the immigration authorities (which are actually supposed to act as service providers here in the form of the Central Office for Skilled Immigration) are themselves completely overloaded. An additional problem is often that the actual bottleneck in visa procedures is often the availability of appointments. Unfortunately, this also applies to the appointments for issuing a visa in the accelerated skilled worker procedure. Even if this sounds sobering at first, it can still make sense in certain cases to use the accelerated skilled worker procedure.
If you would like further advice on when you should and should not use the accelerated skilled worker procedure, you should contact a migration law attorney.
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3. Which immigration authority is responsible for carrying out the accelerated skilled worker procedure?
As in the regular procedure, the local immigration authorities are responsible for carrying out the accelerated skilled worker procedure. In some federal states, however, central immigration authorities have been set up for the accelerated skilled worker procedure. This is the case in the following federal states, for example:
Bavaria: Central Office for the Immigration of Skilled Workers
Hamburg: Hamburg Welcome Center for Professionals
NRW: Central Office for Skilled Immigration North Rhine-Westphalia
Rhineland-Palatinate: Central Immigration Office for Skilled Immigration
Schleswig-Holstein: Central Office for Skilled Immigration Schleswig-Holstein
Make-it-in-germany.com has a A list of all existing immigration authorities for the accelerated skilled worker procedure has been published. The authority responsible is always the one in whose area of responsibility the business location in which the skilled worker is to be employed is located (Section 31 Paragraph 4 of the Residence Ordinance).
4. For which residence permits can the accelerated skilled worker procedure be used?
The residence permits that can be applied for using the accelerated skilled worker procedure are listed exhaustively in the law. They are the following residence permits:
EU Blue Card or employment as other skilled worker (especially IT specialist),
senior managers, executives and business specialists,
Residence permit for vocational training/in-company training,
Recognition of foreign qualifications (deficit notice),
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. Application and contract for the implementation of the accelerated skilled worker procedure
To carry out the accelerated skilled worker procedure, the employer concludes a contract with the immigration authorities. The service to be provided by the immigration authorities under the contract is mediation between the employer and the other parties involved in the procedure (e.g. the Federal Employment Agency and the Central Office for Foreign Education (ZAB)).
You can download a sample agreement here:
Download Agreement on Accelerated Skilled Worker Procedure (PDF)
Download Power of Attorney for Accelerated Skilled Worker Procedure (PDF)
The 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 authorities.
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 skilled worker procedure itself. The accelerated skilled worker procedure can 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 various procedures and do not have to limit themselves to one. 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 authorities due to a lack of interest in the substantive decision (procedural discretion).
Can I use the accelerated skilled worker procedure for the ICT card?
No, the accelerated skilled worker procedure is generally not aimed at posted persons (e.g. ICT card or international exchange of persons).
Does the immigration authority have to carry out the accelerated skilled worker procedure?
Yes, if the employer meets the requirements, the immigration authorities cannot refuse to carry out the accelerated skilled worker procedure.
How much does the accelerated skilled worker procedure cost?
The fee for carrying out the accelerated skilled worker procedure 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 practice permit, 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 prerequisite is not met).
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Accelerated skilled worker procedure at make-it-in-germany.com
Literature: Klaus/Mävers/Offer, The new skilled immigration law, 1st edition 2020
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