Professional recognition; General information

If you have acquired a professional qualification abroad and would like to work in your profession in Bavaria, then you can or must have your foreign qualification recognized.

Description

Recognition procedure

In Bavaria, it has been possible since 2013 to have professional qualifications acquired abroad recognized in an official procedure. The recognition procedure is based on defined formal criteria, such as the content and duration of the training. In a recognition procedure, the recognition body carries out an equivalence test. In this process, the foreign vocational qualification is compared with the corresponding German or Bavarian qualification (reference occupation). An application for professional recognition can only be submitted if a professional qualification acquired abroad is available. Unskilled or semi-skilled persons without a formal vocational qualification cannot apply for recognition.

Regulated and non-regulated professions

Whether a recognition procedure is mandatory for taking up or practicing an occupation in Bavaria depends on whether the corresponding reference occupation is regulated. A regulated profession is

a professional activity or a group of professional activities for which the taking up or exercise or one of the types of exercise is directly or indirectly linked by legal or administrative regulations to the possession of certain professional qualifications; a type of exercise is in particular the use of a professional title which is restricted by legal or administrative regulations to persons who possess a certain professional qualification.

Thus, if the reference profession is a regulated profession according to the above definition, the recognition of the foreign qualification is mandatory in order to work in the corresponding profession in Bavaria. Regulated professions exist both in the area of professional qualifications (e.g. nursing specialist) and in the area of academic qualifications (e.g. doctor, architect, social pedagogue, engineer).

If the reference profession is not regulated, it is not mandatory to go through a recognition procedure to take up or practice the corresponding profession. With a foreign qualification in a non-regulated profession, it is also possible to apply and be hired directly on the labor market. Professional qualifications that are not regulated are, for example, all dual training professions, especially professions in the area of the Chambers of Industry and Commerce (IHK) (e.g. bank clerk, industrial clerk) and in the area of the Chambers of Crafts (HwK) (e.g. baker, hairdresser). In this case, however, the recognition procedure is useful in order to make the foreign qualification transparent and easier to assess for the employer. In some cases, the employer also explicitly requests recognition of the qualification.

For academic qualifications that are not regulated, a recognition procedure cannot be applied for. Instead, the Central Office for Foreign Education (ZAB) in Bonn can evaluate the academic qualification.

Recognition offices

The diversity of vocational education qualifications means that different recognition bodies are responsible for recognition. Which recognition office is responsible depends on the corresponding reference occupation and the planned place of work. You can find out which recognition office is responsible in the Recognition Finder of the Recognition Portal.

Examples of recognition bodies in Bavaria:

  • Academic health professions (e.g., physician, pharmacist): Government of Upper Bavaria
  • Health care professions (e.g., nurse or nursing specialist): governments
  • Craft professions: Chambers of Crafts
  • Industrial-technical professions: IHK FOSA (Foreign Skills Approval)
  • Social and childhood educators: Center for Bavarian Family and Social Affairs (ZBFS), Lower Franconia Region

Advice centers for the recognition of foreign professional qualifications

In order to be optimally prepared for a recognition procedure at a recognition office, it is advisable in most cases to seek advice from a recognition counseling center beforehand. With the help of the recognition consultants, the reference occupation can be determined, which is decisive for which recognition office is responsible. In addition, the necessary documents can already be checked for completeness, financing options can be found, and opportunities for qualification can be identified at the recognition counseling centers.

In Bavaria, you can find recognition counseling centers in

All of the aforementioned counseling centers offer counseling for both those seeking recognition and companies.

In addition, since March 1, 2021, the Coordination and Advisory Office for Vocational Recognition (KuBB for short) at the Government of Central Franconia in Nuremberg has been offering advisory services on the recognition of foreign vocational qualifications. KuBB is aimed at the following target groups:

  • Companies that want to recruit skilled workers from third countries within the framework of an accelerated skilled worker procedure (for more information, see "Skilled Worker Immigration Act" below).
  • Recognition seekers who work in Bavaria and want to have their professional qualifications in the field of healthcare professions recognized.

For more information on KuBB and relevant contact details, please visit www.berufsanerkennung.bayern.de.

In addition to recognition counseling, it is also possible to obtain advice on qualification and adaptation measures from the aforementioned counseling centers. All counseling centers are free of charge and can answer all questions about occupational recognition electronically, (video) by telephone or in person.

We strongly recommend that you consult one of the above-mentioned advice centers before initiating a recognition procedure! A direct application without knowledge of the procedure and the documents to be submitted can lead to (considerable) delays.

Skilled Worker Immigration Act

On March 1, 2020, the Skilled Worker Immigration Act came into force. The law provides significantly more opportunities for skilled workers from third countries to enter Germany. For example, it makes it easier for people with professional qualifications to enter Germany, which was previously only open to people with academic degrees. This includes, for example, entry for the purpose of seeking employment (Section 20 of the Residence Act). The decisive prerequisite for a residence title is the status as a skilled worker (with vocational or academic training) whose foreign qualification is recognized.

The law also created a new entry procedure: the accelerated procedure for skilled workers (Section 81a of the Residence Act). With the help of this procedure, companies that already have contacts with skilled workers in third countries can bring them to Germany more easily and quickly in order to employ them in their company. Processing times for authorities are shortened in the accelerated procedure for skilled workers (in the recognition procedure, for example, from three to two months).

If you as a company are interested in implementing an accelerated skilled worker procedure and would like to find out more about the procedure, you can contact the Central Office for the Immigration of Skilled Workers (ZSEF for short). If the questions relate specifically to the area of recognition of foreign professional qualifications, you can contact KuBB.

Answers to frequently asked questions

FAQs on the recognition of foreign professional qualifications can be found at www.stmas.bayern.de/berufsbildung/anerkennung-ausland.

Prerequisites

A procedure for equivalence assessment can be applied for by any person who has

  • has acquired an educational qualification or other professional qualification abroad and
  • intends to pursue gainful employment in Bavaria.

Proof of training means that the applicant must provide evidence of a professional qualification completed abroad. Anyone who has not acquired a verifiable foreign professional qualification cannot submit an application. Professional experience can only be used to compensate for deficits in training if a qualification was obtained abroad in the first place. The prerequisite for entitlement to an equivalence determination procedure is thus proof of a so-called "primary qualification" that has been awarded by an authorized body.

Intention to work means that the applicant must have the intention to be gainfully employed in Bavaria, i.e. to work in dependent employment (blue-collar worker, white-collar worker, civil servant, etc.) or as a self-employed person (entrepreneur).

In general, this intention to work is presumed on the basis of the EU fundamental freedoms (freedom of establishment and free movement of workers) for applicants residing in Bavaria or within the EU/EEA or another contracting state as well as for nationals from member states of the EU, an EEA contracting state and another contracting state. The presumption can be rebutted in individual cases on the basis of special reasons (e.g. applicant declares that he/she is only seeking proceedings to clarify pension claims).

Otherwise, the intention must be proven by means of appropriate documentation. These can be:

  • Applying for an entry visa for gainful employment,
  • contacting potential employers (e.g. letter of application, rejection from employer),
  • in the case of planned self-employment, a business concept or proven contact with the Trade Licensing Office, Tax Office, Employer's Liability Insurance Association or a provider of financing.

Applicants must always submit the application in person. Authorizations are possible. However, it is not possible for potential employers to submit an application.

An application can be submitted regardless of citizenship and residence status.

Procedure

The recognition body checks whether there are significant differences in content or time between the professional qualification acquired abroad and the corresponding qualification in Bavaria (reference profession). If there are significant differences, these can be compensated for by other proof of qualification (e.g. further training, additional training) or by proven relevant professional experience.

The examination is always carried out on the basis of the documents submitted or requested. If there is insufficient evidence or required information for the equivalence assessment, so-called competence assessment procedures can be carried out. The analysis of the applicant's qualifications can be carried out, for example, by means of work samples, technical interviews or examinations.

If there are no significant differences, full equivalence is determined in a notice. With such a certificate of equivalence, the applicant is legally treated in the same way as a person with a corresponding German or Bavarian professional qualification.

In the case of significant differences and at the same time comparable qualification content, the recognition body describes the existing qualifications and the differences to the German qualification in the case of non-regulated professions (e.g. dual training professions). This differentiated description of the qualification status helps skilled workers in the labor market and enables targeted further qualification.

In the case of regulated occupations, formalized compensatory measures (examination, adaptation course) are provided for in the context of occupational licensing if significant differences are identified. Successfully completed compensatory measures provide evidence of equivalent skills and knowledge.

Deadlines

none

Processing time

The applicant receives an acknowledgement of receipt within one month of submitting the documents. If all documents are complete, the recognition body must decide on the equivalence within three months. This period is suspended as long as additional documents have to be requested. In difficult cases, the decision deadline can be extended once for good reason. If competence assessment procedures are carried out, for example because no documents can be submitted, the decision deadline is also suspended.

Required documents

  • The procedure for the recognition of foreign professional qualification requires the submission of certain documents.

    What these are varies in individual cases depending on the relevant German or Bavarian reference occupation. As a rule, however, the following documents must be submitted:

  • summary in tabular form of professional/vocational coursework and previous professional experience if applicable, in German
  • Proof of identity
  • Proof of the educational qualification obtained abroad or other qualification with translation into German by a publicly appointed or sworn translator
  • Proof of relevant professional experience (e.g. job references, work books) with translation into German by a publicly appointed or sworn translator
  • other qualifications

    z. e.g. on further vocational training or retraining certificates, if these are required to establish equivalence, with translation into German by a publicly appointed or sworn translator

  • a statement whether an application for determination of equivalence has already been submitted, and to which authority, in German
  • Proof that the applicant wants to work in Bavaria

    z. e.g. by applying for an entry visa for gainful employment, contacting potential employers, business concept for self-employment in German. This proof requirement does not apply to nationals of the EU/EEA or other contracting state and to persons with residence in the EU/EEA or other contracting state.

  • other documents may become necessary depending on the profession, such as:

    • registration card
    • ethnic German repatriate certificate
    • marriage certificate (in case of name change)
    • list of subjects and school transcripts
    • other information concerning training in the country of training
    • information concerning employers
    • decision issued by another federal state

Fees

  • Procedures under the Recognition Act are generally subject to fees. The fees are based on the fee law of the competent body and depend on the individual effort required to carry out the procedure.

    Since the procedures are official acts of the Free State of Bavaria (including the chambers), the specific fees are regulated in the fee/cost laws of the Free State of Bavaria or the fee regulations of the chambers.

    The costs are to be borne by the applicant, insofar as these are not covered by other bodies. In principle, the costs incurred in the course of determining equivalence can also be borne by the employment agencies or job centers. Prior clarification is recommended.

    The fees can be requested retrospectively, after completion of the procedure, or as an advance payment, at the beginning of the procedure. The possibility of advance payments is provided for in the administrative costs law. In these cases, the start of proceedings can be made dependent on receipt of payment. This is to be expected especially in the case of applications from abroad.

    In principle, it is possible to claim the fees as business expenses/advertising costs for tax purposes, as they are directly related to the income sought. However, this only has an effect if corresponding income is available for offsetting in the future.

    The self-borne recognition costs can, under certain circumstances, also be claimed from the tax office as anticipated income-related expenses/business expenses, so that a loss assessment notice is issued for this year. This loss can be claimed tax-reducing in later years, when income is generated, through the so-called loss carry forward.

    In Bavaria, the fees are determined according to the expenditure incurred by the authorities. In addition, there are the expenses incurred by the authorities. Since these depend on the individual case, it is not possible to make a general statement about how much you will pay for the recognition procedure. The range of fees is between five and twenty-five thousand euros. Often the fees are less than 1,000 euros.

    Expenses may arise, for example, if the recognition office has to have translations made or carries out an examination.

    Before you start the recognition procedure, please talk to the recognition office responsible for you or call them to find out what fees and expenses you can expect.

    Information on the recognition grant can be found here.

Remedy

Administrative court proceedings; information

An action may be brought against the decision before the administrative court. An appeal procedure in accordance with Art. 15 AGVwGO does not have to be conducted in advance. In particular, these are not "personal examination decisions" within the meaning of Art. 15 AGVwGO.

Links to more information

Related issues

Status: 26.02.2022

Responsible for editing: Bayerisches Staatsministerium für Familie, Arbeit und Soziales

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