Visa in nursing
Information for employers and recruiters on the recognition of foreign nursing qualifications
HERE YOU LEARN ...
... which nursing staff ( nursing professionals, nursing assistants, unskilled nursing assistants ) must have their training acquired abroad recognized in Germany
... under what conditions a foreign nursing qualification can be recognized in Germany
... how the application process for the deficit notice and the visa works
... which documents you have to submit to the relevant authority
... which employment law peculiarities apply when employing a foreign care worker
Written by:
Attorney
Publication date:
07.08.2024
Reading time
13 mins
Table of Content
1. Which nursing staff require recognition?
2. Deficit notice: Apply for recognition from abroad
2.2 Recognition procedure: Employing nursing professionals with foreign training
2.3 Requirements and documents Deficit notice (application for recognition)
2.4 Requirements and documents for visa application (deficit notice)
3. Recognition partnership: Apply for recognition from within the country
3.1 Employing workers within the framework of the recognition partnership
3.2 Employing nursing assistants with the recognition partnership
3.3 Requirements for recognition partnership
4. Employment of unskilled nursing assistants from abroad
4.1 Foreigner is already in Germany (residence permit)
4.2 Nursing assistant is already in Germany (residence permit)
4.3 Nursing assistants from the EU
5. Employment law for foreign nursing staff
1. Which nursing staff require recognition?
Approximately 15% of nursing staff in Germany have foreign nationality. Apart from Europe, most of these nursing staff come from Turkey, Russia and Southeast Asia. It is expected that the proportion of nursing staff migrating to Germany will increase significantly in the future. The federal government has recently introduced numerous measures to make it easier for nursing staff to immigrate. This applies, for example, to the possibility of applying for a visa for nursing assistants (Section 22a BeschV) and the simplification of the recognition process (Section 43a PflAPrV). These measures are urgently needed because the nursing sector is particularly badly affected by the shortage of skilled workers due to the aging population.
Working as a nurse in Germany
In order to work in the nursing sector in Germany, foreigners need a residence permit (usually a visa) and recognized training in nursing. In most cases, training courses from third countries are not recognized in the respective nursing profession. However, recognition of the training is a prerequisite for applying for a visa under the Skilled Immigration Act. In order to have foreign training recognized in Germany, nursing staff must therefore go through an appropriate recognition process. The recognition process determines whether the foreign training is of comparable quality to training under the German Vocational Training Act. The recognition process ends with the issuance of a deficit notice , which determines which compensatory measures are necessary for working as a skilled worker in Germany. A visa can be applied for on the basis of this deficit notice. With the visa, the recognized training can be completed in Germany, after which a professional practice permit is issued under the Nursing Professions Act (PflBG) (e.g. as a skilled nurse).
When applying for a visa, a distinction is generally made between the following levels of education:
Nursing staff should be employed as a nursing professional according to the PflBG,
Nursing staff should be employed as a nursing staff in accordance with state law (e.g. as a nurse),
The nurse should be employed as an unskilled nursing assistant (e.g. with a basic nursing course).
Depending on the training of the caregiver, different requirements apply to apply for the deficit notice and then for the visa based on the deficit notice. The necessary procedure is explained below.
2. Deficit notice: Apply for recognition from abroad
2.1 What is a deficit notice?
The deficit notice is an administrative act that determines whether and to what extent a foreign training course is comparable to a German training course and which compensatory measures (theoretical and practical instruction) are necessary in order to obtain a license to practice as a nurse. A deficit notice exists in various versions, depending on which training is to be recognized. The decisive factor in determining which training is to be recognized is always the question of which position is agreed with the nurse in the employment contract or which activities the nurse is to perform.
The starting point for determining the correct approach is always the position agreed in the employment contract
(Nurse or nursing assistant with or without training) and place of residence (Germany, European
Union, third country) of the foreigner. If the employee is already in Germany
Under certain conditions, employment without recognised training may also be possible .
The same applies to European citizens.
What are only nursing professionals allowed to do?
According to the Nursing Professions Act, the activities of nursing professionals are regulated. Nursing professionals are therefore only allowed to do the following:
Survey and determination of individual care needs
Organisation, design and control of the care process
Analysis, evaluation, assurance and development of quality
2.2 Recognition procedure: Employing nursing professionals with foreign training
However, it becomes more difficult if a nursing professional or assistant without recognized training and residency is to be employed in a third country (e.g. as a nursing professional in a hospital). In this case, the recognition of the foreign training in Germany is necessary in order to obtain a visa to enter Germany (so-called deficit notice ). The deficit notice determines which compensatory measures the foreigner must take in order to be approved as a nursing professional (permit to practice the profession).
How does the recognition process work?
The recognition process for nursing professionals is as follows:
1. Submit an application for recognition: First, an application for recognition must be submitted to the responsible authority. In addition to the application, various supporting documents must be submitted.
2. Receive a deficiency notice: The recognition authority will decide on the basis of the documents submitted whether the training abroad corresponds to the requirements of training in Germany.
3. Apply for a visa: With the deficit notice, an entry visa can be applied for at the responsible foreign representation (embassy).
4. Entry and training: After receiving the visa, the caregiver can enter Germany. After entry, the visa must be converted into a residence permit by the immigration authorities.
5. Examination and professional license: After completing the training, the nurse must take an examination. If the examination is passed, the nurse receives a license to practice the profession.
6. Permanent residency: After completing the training, the foreigner is a skilled worker within the meaning of the Skilled Immigration Act. This entitles them to numerous privileges in relation to the settlement permit and naturalization.
2.3 Requirements and documents Deficit notice (application for recognition)
In order to submit the application for recognition to the competent authority, the documents listed below must be submitted. The authority will decide on the basis of the documents which compensatory measures are necessary in Germany. The documents should in any case be submitted in full and in the prescribed form in order to avoid delays in processing the application .
These documents are necessary to apply for recognition of a foreign nursing qualification in Germany:
Passport or other international proof of identity
Certificate of completion from abroad (e.g. diploma)
Proof of the content of the training (e.g. diploma supplement)
Professional CV (tabular list of training and employment)
Proof of the planned activity in Germany and the place of activity (e.g. registration certificate)
Employment references (if available)
Language certificate (if available)
Declaration that no other applications for equivalence have been submitted to date
However, it should be noted that the authority has the option of requesting additional documents if it has doubts about the accuracy of the documents. In some federal states, the recognition authorities even request additional documents as a general rule (see, for example, the information sheet on the recognition of foreign nursing qualifications in North Rhine-Westphalia). The documents should therefore be as informative as possible in order to avoid the authority requesting additional documents. Such a request can delay the recognition process by months.
The documents must always be submitted in German . Documents in foreign languages must be translated by a sworn translator in Germany. The original (and not a copy) must always be translated. The translation of the original must be certified by the translator. A list of all sworn translators can usually be found on the website of the respective embassy (see, for example, the list of sworn translators at the embassy in Manila (Philippines).
In terms of form, documents can generally be submitted as a simple copy and electronically. Certification of documents is not always necessary. However, the clerks at the recognition authorities have the option of requesting certified documents under certain conditions.
2.4 Requirements and documents for visa application (deficit notice)
After the recognition authority has issued the deficit notice, the visa can be applied for at the embassy. The following documents are usually required for the visa procedure (deficit notice) :
Application form
biometric passport photos
CV
Employment contract or employment contract offer
Statement on employment relationship
Proof of foreign vocational training
Deficit notice
Proof of previous professional activities
Language certificate
Health insurance certificate
Visa fee
The documents must generally be submitted in German. If necessary, the documents must therefore be translated by a sworn translator.
The above list can only be used as a guide. When it comes to issuing visas, there are sometimes huge differences in terms of the documents that the embassies consider necessary. You should always check the embassy's website to find out which documents are required. The embassies provide relevant information sheets (see, for example , the information sheet on visa deficit notices for Turkey) .
After the visa has been issued, entry to Germany may be required. After registering the apartment, the foreigner must apply for a residence permit from the immigration office. They can then begin their training in Germany on the basis of the deficit notice.
3. Recognition partnership: Apply for recognition from within the country
3.1 Employing workers within the framework of the recognition partnership
However, the recognition of foreign nursing training can not only be carried out using the deficit notice procedure, but also within the framework of "recognition partnerships" (Section 16d Paragraph 3 of the Residence Act, new version) from within the country. This has the great advantage that the nursing staff can then work during the recognition procedure and do not have to wait for the deficit notice to be issued. This can save several months of administrative lead time .
Which activities are permitted with the recognition partnership?
In principle, any "qualified" occupation can be carried out within the framework of the recognition partnership. Qualified occupations are generally those that require training in order to carry out the activity. The legislator had in mind above all the classic apprenticeship occupations such as skilled trades (e.g. carpenter, electronics technician or butcher). These occupations can therefore already be carried out during the recognition process.
Which activities are not permitted with the recognition partnership?
However, the performance of a "qualified" activity does not mean that regulated employment may be carried out. Prior recognition is still possible for the performance of a regulated employment. This applies in particular to the work of nursing professionals. Nursing professionals are therefore not yet permitted to carry out the activities regulated by the Nursing Professions Act, even within the framework of the recognition partnership (see Section 4 of the Nursing Professions Act).
3.2 Employing nursing assistants with the recognition partnership
The new recognition partnership specifically provides for nursing professions that (prospective) nursing professionals can first be employed as nursing assistants . Although the work of a nursing assistant is not “qualified” employment, the residence law makes an exception to the requirement of qualified work for nursing assistants. For this to happen, however, the following requirements must be met (see Section 16d Paragraph 3 of the Residence Act): 1. The (future) employer is bound by a collective agreement or it is a church employer and the (future) employee is employed on the basis of the collective agreement/church working conditions or 2. the employer is a nursing facility within the meaning of Section 72 of the Social Code Book XI and 3. the classification/pay corresponds to the requirements that lead to professional activity in the desired target profession.
3.3 Requirements for recognition partnership
In addition, the recognition partnership must meet the following requirements:
1. The foreigner has completed a state-recognized foreign vocational training of at least two years,
2. there is a concrete job offer with an employer who is suitable for training,
3. the foreigner and the employer undertake to begin the qualification measures immediately after the foreigner’s entry,
4. the foreigner has at least A2 language skills,
5. the Federal Employment Agency has approved the employment.
The foreigner must provide proof of the foreign vocational training to the immigration authorities or embassy. Recognition abroad is checked by the Central Office for Foreign Education (ZAB). The examination of the recognition of the foreign vocational training can be applied for online at the ZAB (from the end of April 2024) .
4. Employment of unskilled nursing assistants from abroad
4.1 Foreigner is already in Germany (residence permit)
With the exception of the recognition partnership, applying for a visa for unskilled nursing assistants (e.g. with a basic nursing course) is only possible under very specific conditions. In this respect, the employment of unskilled nursing staff does not constitute “skilled work”, so the Skilled Immigration Act does not apply. The unskilled nursing assistant is therefore excluded from most work visas. The nursing assistant can therefore generally only apply for a visa if the main purpose of their stay is not to work, but the visa still allows them to work. The following visas meet these criteria:
Employment of certain nationals: Certain nationals can obtain a visa without having to prove a specific purpose of stay (so-called “Best Friends States”).
The following nations are among the Best Friends countries: Australia, Israel, Japan, Canada, the Republic of Korea, Monaco, New Zealand, San Marino, the United Kingdom of Great Britain and Northern Ireland within the meaning of Section 1 Paragraph 2 Number 6 of the Freedom of Movement Act/EU and the United States of America. Due to bilateral and multilateral agreements, there are other countries that can apply for residence in Germany under simplified conditions. You can obtain more detailed advice from a specialist lawyer for migration law.
Family reunification: Residence for the purpose of family reunification leads to a strong privilege in terms of residence options (especially with regard to further integration). One of these advantages is that the foreigner can pursue any gainful employment without restriction, regardless of whether it is a qualified or unskilled activity.
In order to obtain a visa for family reunification, the foreigner must have a foreign or German family member (spouse or child). If in doubt, you can find out the other requirements for family reunification from an immigration lawyer.
Western Balkans regulation: Finally, nursing staff from the Balkan region can also benefit from the so-called “Western Balkans regulation”. The Western Balkans regulation was reformed with the last reform of the Skilled Immigration Act and is now being applied more frequently. The Western Balkan countries include the following states: Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia.
4.2 Nursing assistant is already in Germany (residence permit)
If the foreigner is already in Germany, the employment opportunities are expanded, at least with regard to unskilled nursing assistants. The same applies to the employment of skilled nursing staff as stated above regarding the visa process. Unskilled nursing assistants who are in Germany can be employed here if their residence status allows them to work. This is usually the case with the following residence permits:
The caregiver comes from the Best Friends countries, from the Western Balkans or can apply for a residence permit for family reunification (see above).
The caregiver already has a settlement permit or has even been naturalized.
The caregiver is a foreigner with a residence permit or a toleration permit and has a work permit (Federal Employment Agency).
4.3 Nursing assistants from the EU
There are numerous simplifications for the recognition of European vocational training. This applies both to residence rights (European freedom of movement) and to the recognition of vocational training. In principle, training acquired in Europe can be recognized if the relevant equivalence certificates can be issued. If in doubt, a lawyer specializing in migration law can advise you on this.
4.3 Nursing assistants from the EU
There are numerous simplifications for the recognition of European vocational training. This applies both to residence rights (European freedom of movement) and to the recognition of vocational training. In principle, training acquired in Europe can be recognized if the relevant equivalence certificates can be issued. If in doubt, a lawyer specializing in migration law can advise you on this.
5. Employment law for foreign nursing staff
How does the employment contract differ from that of foreign nursing staff?
For compliance reasons, the employment contract for nursing professionals should be adapted to the respective professional practice permit and the residence status of the nurse. In this respect, the Federal Employment Agency will not approve the employment if, for example, the job description includes activities for which a professional practice permit is required. The residence status is also relevant, as it should be avoided that the employment relationship formally begins before the nurse has received the work permit (suspensive condition).
What happens if the training schedule cannot be met (e.g. pregnancy)?
If it is not possible to complete the training within the planned period (e.g. due to pregnancy or long-term illness), an extension of the residence permit must be applied for for recognition. However, it should be noted that the residence permit cannot be extended indefinitely. If the training has actually failed, the immigration authorities can no longer extend the residence permit.
Can the employer demand reimbursement of costs from the caregiver if the training is discontinued?
Employers take a financial risk when they cover the administrative costs for the immigration of the nursing professional in accordance with the employer pays principle. Understandably, employers try to ensure that these costs are repaid by means of various binding clauses in the employment contract. However, the Federal Labor Court has very detailed case law on the effectiveness of repayment and binding clauses in the employment contract, which is why very high requirements usually apply to such clauses.
Can recruitment agencies pass on the placement costs to the caregivers?
The allocation of placement clauses to the person placed is only possible under strict conditions. Personnel placements are therefore brokerage contracts with a social security impact. In the case of brokerage contracts, the legislator generally assumes that administrative costs are already covered by the brokerage fee. Placement costs cannot therefore generally be allocated to the employee.
6. FAQ (employment of foreign nursing staff)
What language skills are necessary to complete the recognition procedure?
With regard to the language skills required, a distinction must be made between the individual administrative processes. A2 language skills are generally required to complete the visa procedure with the deficit notice. B2 language skills are required to obtain a permit to practice the profession. However, no language skills are required at all to apply for the deficit notice. Testing language skills does not fall within the competence of the recognition authorities. To the extent that the information sheets of the recognition authorities provide otherwise, these instructions refer to the requirements of employers and educational institutions. However, if language skills are already available, appropriate proof must be submitted.
Is the recognition of nursing training (deficit notice) possible in the accelerated skilled worker procedure?
Yes, the recognition procedure can also be carried out as part of the accelerated skilled worker procedure. The immigration authorities will then carry out the recognition procedure for nursing training from third countries.
When can nursing professionals apply for a residence permit?
After the adaptation measure has been implemented, the foreigner is a skilled worker within the meaning of the Skilled Immigration Act and can therefore apply for a settlement permit after four years instead of five. Since the skilled worker also has B2 language skills, he or she is also considered “particularly well integrated”. This reduces the necessary residence time for naturalization.
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Literature: Kluth/Breidenbach/Junghans/Kolb, The new migration law 1st edition 2024
Bünte in Offer/Mävers, BeschV 2nd edition 2022, § 16d AufenthG