Information - Services - Formalities by subjects - Business start-up, development and management - Recruitment of staff - Accelerated skilled worker procedure; application - Dienstleistungsportal Bayern

Description

Employers can apply for an accelerated skilled worker procedure at the local immigration office or at the Central Skilled Worker Immigration Office (ZSEF) with a power of attorney from the skilled worker. A significant advantage that the accelerated skilled worker procedure brings to employers and skilled workers is shortened deadlines, both in the procedures for the recognition of professional qualifications and in the approval of the Federal Employment Agency and the foreign mission.

Beneficiaries

The accelerated procedure for skilled workers is applicable for stays for employment as a skilled worker as well as for all residence purposes according to Section 81a (1) and (5) of the Residence Act (AufenthG). This also applies to stays for the purpose of vocational training as well as for the purpose of carrying out measures for the recognition of foreign professional qualifications. Family members (spouses, minor children) who enter the country at the same time are also covered. The details can be clarified with the responsible foreigners authority (ZSEF or district administrative authority). In addition, the ZSEF website contains detailed information on the beneficiary group (see "Further links").

The basis of the accelerated skilled worker procedure is an agreement between the employer and the foreigners authority (ZSEF or local foreigners authority). The agreement contains, among other things, authorizations, contact persons, description of procedures and deadlines, obligations of the employer and the skilled worker to cooperate and provide information, and evidence to be submitted.

Prerequisites

• The specialist must be named.
• There is a concrete offer of a job/training position.
• The skilled worker wishes to enter the country for one of the above-mentioned purposes of residence.
• The skilled worker is staying in his/her country of origin or legally in a third country from which he/she requires a visa.
• The authorization of the employer by the skilled worker is present.
• There is no ban on entry and residence.
• If applicable, the skilled worker has sufficient language skills (e.g. for the stay for qualification measures).

Procedure

The accelerated skilled worker procedure does not include an administrative procedure. The Foreigners Authority acts as a central procedural intermediary within the framework of the accelerated skilled worker procedure.

If all requirements are met, the Foreigners Authority/Central Office issues a so-called preliminary approval, which it sends to the employer for forwarding to the skilled worker. The latter then books an appointment with the foreign mission to apply for the visa. As a rule, the diplomatic mission abroad will make an appointment for the visa application within three weeks after the preliminary approval has been submitted. At this appointment, the original of the preliminary approval must be presented together with other documents required for the visa application.

Special notes

Contact for visa/stay: In principle, the German missions abroad in the country of origin are responsible for issuing the necessary visa.

Processing time

After the complete visa application is submitted by the professional, a decision is usually made on it within another three weeks.

Required documents

• The following documents are required for signing the agreement on the accelerated procedure for skilled workers in accordance with Section 81a of the Residence Act (AufenthG):
  • Identity of the professional
    • Color copy of the name page of the recognized and valid passport or passport replacement of the specialist
    • Certificate of the right of residence in another EU member state of the specialist as a color copy, in case of current residence in another EU member state
  • Authorization / sub-authorization
    • Signed power of attorney of the skilled worker for the employer to carry out an accelerated skilled worker procedure
    • sub-authorization to the authorized person of the employer for the accelerated procedure for skilled workers (power of representation)
  • For the conclusion of the agreement
    • full contact details of the skilled worker abroad
    • contact details of the employer's contact person including a deputy
    • contact details of the contact person of the sub-agent, including a deputy, if applicable
    • Funds in the amount of the fee due of 411.00 euros.

  The documents to be submitted may vary greatly depending on the purpose of stay, please contact your local immigration office or the Central Service for the Immigration of Skilled Workers (ZSEF).

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

• Prefillable Form, Bavaria-wide: Vereinbarung nach § 81a Abs. 2 Aufenthaltsgesetz

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Prefillable Form, Bavaria-wide: Vollmacht für das beschleunigte Fachkräfteverfahren (§ 81a Abs. 1 Aufenthaltsgesetz)

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Authorisation of the employer for the fast-track procedure for skilled workers (Section 81a(1) of the Residence Act)

• Prefillable Form, Bavaria-wide: Untervollmacht als Anlage zu einer Vollmacht nach § 81a Abs. 1 Aufenthaltsgesetz

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Sub-authorisation as an annex to an authorisation (in accordance with Section 81a (1) of the Residence Act

• Prefillable Form, Bavaria-wide: Vollmacht für Familiennachzug des Ehepartners (§ 81a Abs. 4 Aufenthaltsgesetz)

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Authorisation to apply for subsequent immigration of the spouse (Section 81a (4) of the Residence Act)

• Prefillable Form, Bavaria-wide: Vollmacht für Familiennachzug von minderjährigen, ledigen Kindern (§ 81a Abs. 4 Aufenthaltsgesetz)

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Authorisation to apply for subsequent immigration of minor, unmarried children (Section 81a(4) of the Residence Act)

• Prefillable Form, Bavaria-wide: Anerkennung von Berufsqualifikationen Ausland - Fragebogen Unternehmen - deutsch/englisch

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Recognition of foreign professional qualifications- Questionnaire for the Employer

Fees

• The fee for the accelerated procedure for skilled workers at the Foreigners' Registration Office is 411.00 euros, regardless of success.

  In addition, there is a visa fee of 75.00 euros as well as fees for the recognition of the qualification.

Legal bases

• § 81a Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet (Aufenthaltsgesetz - AufenthG)

Links to more information

• Zentrale Stelle für die Einwanderung von Fachkräften (ZSEF)
• Das Fachkräfteeinwanderungsgesetz auf einen Blick
• Berufliche Anerkennung - Portal "Anerkennung in Deutschland"
• Informationsportal für ausländische Berufsqualifikationen
• Anerkennungsberatung in Bayern - Berufliche Fortbildungszentren der Bayerischen Wirtschaft (bfz) gGmbH
• Netzwerk "Integration durch Qualifizierung"
• Fragen und Antworten rund um das Fachkräfteeinwanderungsgesetz
• Leitfaden "Möglichkeiten der Fachkräfteeinwanderung - Was Arbeitgeber wissen müssen"
• Das beschleunigte Fachkräfteverfahren (§ 81a AufenthG) – kurz erklärt