If a local employer wishes to bring a foreign national from a third country to Germany, they can apply to the immigration authority on behalf of the skilled worker for an accelerated skilled worker procedure. This can significantly shorten the time it takes for a visa to be issued, as there are tight legal deadlines for all authorities involved. The procedure can only be used for skilled workers who wish to enter the country for employment, training and recognition purposes. The procedure is subject to a fee.
Another advantage is that the procedure can include the reunification of family members of the skilled worker - spouse and minor children.
The accelerated skilled worker procedure is regulated in Section 81a of the Residence Act. It enables companies to speed up the visa procedure at the relevant German diplomatic mission abroad for the entry of a specific foreign skilled worker by obtaining prior approval from the foreigners authority.
The district of Central Saxony has set up the "Central Saxony Employment and Migration Service Center" as a central point of contact for companies.
During the course of the procedure, the authority initiates all necessary procedural steps (e.g. professional recognition, certificate assessment, application for any necessary professional permit) and coordinates the procedure.
The entire procedure is accelerated by legally defined deadlines and standardized procedural steps. Once all requirements have been met, the immigration authority issues preliminary approval for the skilled worker's visa and announces the forthcoming visa application to the relevant diplomatic mission abroad.
The employer must have made the foreign skilled worker a specific job offer or training place .
The foreign person must be someone who is either a skilled worker, is similar to a skilled worker in terms of professional experience or wants to become a skilled worker. The evidence required for this depends on the type of qualification and which employment is to be pursued.
The employment must also be qualified employment or qualified vocational training be involved.
The foreign person must also be resident abroad and meet the other conditions of residence law, such as the passport requirement and a clarified identity.
The foreign skilled worker authorizes the future employer to conduct the procedure on their behalf.
The employer then concludes an agreement with the immigration authority and submits all the necessary applications and documents.
The foreigners authority checks the documents and, if necessary, initiates the procedure for recognition of the foreign qualification at the competent authority. It also obtains the approval of the Federal Employment Agency for the visa, for which the employer submits a declaration on the employment relationship.
If all requirements are met, the immigration authority issues a preliminary approval . This means that it approves the issuing of a visa in advance. This ends the procedure for the immigration authority.
The employer forwards this preliminary approval to the foreign skilled worker, who then contacts the German diplomatic mission in their country. The latter checks whether all the conditions for issuing a visa have been met.
NOTE: The accelerated procedure does not guarantee that a visa will be issued, even if advance approval has been granted. This is the sole responsibility of the diplomatic mission abroad.
The application for the accelerated skilled worker procedure can be online via the homepage of the district office can be submitted online. Authentication is not required, but ID documents must be uploaded during the application process.
The application is submitted via the employer.
We recommend applying for the accelerated skilled worker procedure online in order to not only submit all the necessary documents in full, but also to be able to prepare for the subsequent on-site appointment in the best possible way.
If you are interested in a general initial consultation on the procedure, please contact us by email at samm@landkreis-mittelsachsen.de
Important: Please note that procedural applications or pleadings can only be submitted with legal effect using this means of communication (e-mail) if the conditions described are met. Furthermore, administrative acts or court decisions cannot be effectively announced or served in this way. If your message contains such information, it is absolutely necessary to repeat the transmission by fax or post.
The employer concludes an agreement with the immigration authority to carry out the procedure. It acts on behalf of the foreign skilled worker, whose consent it has obtained in advance.
The employer submits the documents and communicates any additional requirements to the foreign skilled worker. The employer also submits the declaration of employment. If all conditions for prior approval are met, the employer receives this and forwards it to the skilled worker abroad.
NOTE: The employer has the right to have the procedure carried out by a sub-authorized representative . This requires a sub-authorization.
There are specific deadlines for the authorities involved in the accelerated skilled worker procedure:
The deadline for the professional recognition procedure is two months for professions regulated by federal law, one week for the approval procedure of the Federal Employment Agency and six weeks for the visa procedure .
Experience shows that the process from submission of the documents to the decision on the visa application takes 3 to 6 months - depending on whether a recognition procedure is necessary (regulated profession) or not (non-regulated professions). However, the documents submitted must be complete and all requirements must be met.
The procedure costs €411 per specialist.
The fee is charged by the Central Saxony District Office as soon as preliminary approval has been granted. It is due regardless of whether the visa is issued by the embassy/visa office.
In addition, there are the fees for the visa itself. These amount to €75 as well as any costs for the recognition of the qualification. The costs for the recognition of qualifications and any subsequent qualifications vary greatly.
The costs are generally borne by the skilled worker. However, the employer can also bear or contribute to these costs.
Family members of the professional, i.e. Spouses/life partners and underage children can be included in the preliminary approval.
The family members should enter the country within 6 months of the skilled worker's arrival.
To this end, proof must be provided that the livelihood of all persons is secured, e.g. by the amount of their salary.
All relevant documents (extract from the family register, marriage certificate, birth certificates, etc.) must also be available in full .
The immigration authority is the central point of contact for the employer. It advises the employer on the entry requirements for the skilled worker (including family reunification), checks the requirements under immigration law, carries out the recognition procedure - if necessary - and obtains the approval of the Federal Employment Agency. The employer concludes an agreement with the agency to carry out the procedure. It issues the preliminary approval with which the foreign person can apply for a visa.
The Federal Employment Agency checks the working conditions, in particular with regard to wages and working and vacation times. This is done via the declaration of employment. A priority check may also be necessary, e.g. in the case of vocational training.
If a recognition of the foreign qualification is required, the competent authority is also involved. Who this is depends on the qualification.
The respective diplomatic mission abroad is responsible for issuing the visa that entitles the holder to enter Germany. Experience has shown that the foreign skilled worker receives an appointment much more quickly with prior approval. They should receive an appointment at the diplomatic mission abroad within three weeks and the visa within a further three weeks.
Accommodation and Integration Department
Visiting address:
Am Rotvorwerk 3
09599 Freiberg
Postal address:
Frauensteiner Straße 43
09599 Freiberg
Telephone: 03731 799-3600
Fax: 03731 799-3691
integration@landkreis-mittelsachsen.de
To the responsible department
Steve Richter
Telephone: 03731 799-3697
samm@landkreis-mittelsachsen.de
Marco Kaden
Telephone: 03731 799-4622
marco.kaden@landkreis-mittelsachsen.de
Relocation agencies may lawfully support employers in the accelerated skilled worker procedure in accordance with Section 81a AufenthG without this being considered unauthorized legal advice under the Legal Services Act (RDG) .
Third parties - including relocation agencies - may act on behalf of companies vis-à-vis immigration authorities (sub-authorization).
A special legal qualification is not explicitly required for this (in the case of the accelerated skilled worker procedure).
This makes it easier for small and medium-sized companies in particular to gain access to international skilled workers as part of the procedure.
INFOBOX
Important contacts/points of contact:
SAMM – Service Centre for Work and Migration in Central Saxony
Tel.: +49 (0) 3731 799 -3697 | -4622
Email: samm@landkreis-mittelsachsen.de
Website: https://welcome-mittelsachsen.de/
Visiting address:
Am Rotvorwerk 3
09599 Freiberg (Zug district)