The legal or professional requirements for being able to work in Germany as a foreigner.
The Residence Act (Aufenthaltsgesetz—AufenthG) regulates access to the labour market. Different regulations exist for citizens of different countries. What’s important here is the reason for the residence (see ). applies to residents from .
Evidence of German language skills is required for many . This evidence is provided by a so-called language certificate or language diploma. The person must pass a language test successfully and will then receive a language certificate or a language diploma. A language certificate certifies the level of German language skills. The level is determined by the There are different language levels. Each profession requires a specific level of language. The provides information about the level of language required for the specific profession and about the language certificate.
Many professions are so-called liberal professions. These are professions which, by law, require a specific qualification or in which an individual works scientifically or artistically. The liberal professions include for example:
Medical practitioner
Lawyer
Tax accountant
Architect
Journalist
Physiotherapist
Individuals working in the liberal professions (freelancers) offer their services or work to other people for money. They are normally self-employed and work independently. This means that they have no employer.
Liberal professions are not For many liberal occupations, of a foreign is required.
Location Counselling, Location Note
German: Standortberatung, Standortvermerk
Also: Advisor Note on Location Counselling [Standortberatungsvermerk],
Counselling note [Beratungsvermerk],
Proof of location [Standortnachweis],
Proof of counselling [Beratungsnachweis]
Skilled workers abroad are able to seek advice on the locations where they are needed in Germany. The Service Center for Professional Recognition (ZSBA) carries out the Location Counselling. It provides support in identifying an appropriate work location (a city or federal state) and therefore the competent authority for the . The content and outcome of the counselling is documented in the Advisor Note on Location Counselling. The Advisor Note on Location Counselling confirms to the that the person wants to work in the named federal state.
The Advisor Note on Location Counselling is not essential when , but it is very helpful:
If the person comes from a .
If the person has still not found an employer in Germany.
Please note: Persons from third countries can also provide proof in other ways that they want to work in Germany. For this, see page “Documents needed for the application”.
The “competent authority” implements the recognition procedure. The competent authority can be, for example, a government agency, an office or a Chamber. The Recognition Finder can be used to determine the authority responsible for recognition in Germany.
The following persons are regarded as skilled workers under the Skilled Immigration Act:
Persons with completed vocational education and training which is equivalent to at least a two-year vocational education and training course in Germany. Foreign vocational education and training over a short period can be equivalent to qualified vocational education and training in Germany if the training shows no substantial differences or if these can be compensated for.
Persons with a higher education qualification which is comparable to a higher education qualification in Germany.
For the recognition procedure, the competent authority requires certificates and other documents relating to the content and duration of the professional qualification. Certificates and other documents relating to professional experience are also important.
For those individuals who do not receive full recognition, these differences are specified in the recognition notice. They are called substantial differences.
Professional qualifications are qualifications for which evidence of training is provided by means of evidence of formal qualifications or qualification certificates These lead to a clearly defined profession. Evidence of a professional qualification may also be provided by professional experience gained in Germany or abroad.
These are examples of professional qualifications:
The recognition procedure exists for professional qualifications from abroad. This checks the equivalence of the vocational qualification.
Recognition procedures for higher education qualifications exist only for higher education qualifications leading to a regulated profession. For example: Dentist
There is no recognition procedure for higher education qualifications which do not lead to a regulated profession. The statement of comparability exists for these higher education qualifications. This is the case, for example, for geologists.
German: Anerkennung
Also: Anerkennung der Berufsqualifikation, Gleichwertigkeitsfeststellung, Gleichwertigkeit
In this case recognition means that a foreign professional qualification is legally equivalent to a German professional qualification. This means that the foreign professional qualification is recognised in Germany. The equivalence is valid for a specific German reference occupation.
A foreign professional qualification is only partially equivalent to the German reference occupation. The reason for this is that there are substantial differences between the foreign professional qualification and the German professional qualification.
In this case, there are two options in order to still achieve full recognition:
A foreign professional qualification is not equivalent to the German reference occupation. The reason for this is that the differences between the foreign professional qualification and the German reference occupation are too great.
Individuals in a regulated profession need recognition of their foreign professional qualification. They are then permitted to work in Germany in this profession. The Recognition Finder helps when searching for regulated professions.
In the process, these individuals learn skills they are still lacking for recognition of a foreign professional qualification or they complete an aptitude or knowledge test. After successfully participating or passing the tests, these individuals then still receive full recognition of their foreign professional qualification.
A range of compensation measures exist. The legal regulation depends on the profession and on the nationality. There are the following, for example:
Master craftspersons undertake advanced vocational training for specific tasks. They learn, for example, how to run a company. Master craftspersons exist in a range of different areas. For example:
This advanced vocational training also exists for individuals without vocational education and training, but with professional experience. This advanced vocational training also exists for individuals with a university degree. Participation in advanced vocational training of this type depends on the regulations of the respective profession.
Advanced vocational training enables individuals with vocational education and training to acquire or to practice vocational knowledge and skills. This enables these individuals to improve their professional training and their professional prospects in the labour market.
In Germany, there is also advanced training for individuals without vocational education and training. However, these individuals must normally have professional experience.
Advanced training courses are regulated by the Vocational Training Act (BBiG) or by the Crafts and Trades Regulation Code (HwO). A distinction is made between upgrading training (e.g. master craftsman courses), retraining and updating training.
There is also an examination the end of the advanced training. Those who passed the examination receive an advanced training qualification.
An advanced training qualification is a professional qualification. Individuals who have successfully completed advanced training receive the advanced training qualification.
Advanced training qualifications exist which are comparable in terms of level with higher education or university degrees. For example, to a bachelor’s or master’s degree.
Vocational education and training is training in a specific regulated profession. In vocational education and training, trainees learn all of the vocational knowledge and skills required. There are 2 types of vocational education and training:
The school-based vocational education and training takes place in a full-time vocational school or an alternative type of vocational school. School-based training occupations exist in the areas of technology, health and nursery education. Such occupations include, for example:
Registered general nurse
Nursery teacher
State-certified IT technical engineer
Vocational education and training in Germany takes 2 to 3.5 years. This depends on the occupation but also on the school leaving certificate. The duration of training is often shorter in the case of the upper secondary school-leaving certificate.
German: Anerkennungsantrag
Also: Antrag auf Anerkennung
The application for recognition is generally made via an application form. This allows individuals to apply for recognition of their foreign professional qualification.
The application for recognition is sent to the competent authority together with the necessary documents. Or it can be submitted in person. The application for recognition can be downloaded from the website of the competent authority.
Occasionally, an application for recognition is not available for download. If so, the person must apply without an application form. In this case the person must write a letter to the competent authority. The person must apply for the recognition procedure in the letter. The competent authority will provide information on how this is done.
Authorisation to practice a profession is permission from one of the official competent authorities to work in a profession. Or authorisation from an official competent authority permitting use of a specific designation of occupation.
Authorisation to practice must be applied for from the competent authority. The individual is only permitted to work in the profession if they have been granted the authorisation to practice.
An authorisation to practice a profession includes for example:
This applies to professions in the trades or crafts which require a license. Only then is the individual permitted to refer to themselves as a master craftsperson or to start to trade or establish a business themselves.
The competent authority provides information regarding professions within their area of jurisdiction involving authorisation to practice.
Certain professions in the crafts and trades sector require a licence. A craft or trade which requires a licence is a trade involving potential hazards. This means that if the trade is not correctly performed, there may be risks for customers and other people. There are 41 crafts and trades requiring a license These professions include for example:
Electrical engineer
Carpenter
Pastry chef
The crafts and trades which require a licence are listed in Appendix A of the Crafts and Trades Regulation Code.
Craftspeople are able to become self-employed and set up a business. A requirement of the crafts or trades which require a licence is entry beforehand in the Register of Craftsmen. Tradespeople in the crafts and trades which do not require a licence and those similar to the skilled crafts and trades not need to do this.
There are also trades and businesses which do not require a licence and which are similar to the skilled crafts and trades. Other rules then apply to self-employment.
A trade or business refers to a commercial activity operated independently and at one's own risk. For example: Running a restaurant, a shop or a craft trade business. An individual with a trade or business does not have an employer.
Freedom of trade exists in Germany. Each individual is permitted to practise a trade or run a business. For some trades or businesses however, a specific authorisation, a licence or a certificate of competence is required in order to be permitted to carry it out independently. In certain cases the trade or business is also specifically monitored. These trades or businesses are also referred to as regulated trades or businesses. These include, for example:
Security services
Insurance broker
Care services
There are other regulations for such trades and business in the craft trades.
Many trades and businesses are governed by the Trade Regulation Act. It is important to understand the regulations before commencing trade or starting a business. Information regarding this is available from the trade office (Gewerbeamt) and the tax authority (Finanzamt). Many trades or businesses also require recognition of a foreign professional qualification.
There are independent activities which are not classified as trades or business. These include the so-called liberal professions. For example:
Lawyer
Artist
Scientist
Professions in the sectors of agriculture, forestry, and fisheries are also not trades or businesses. Other regulations apply to these professions.
In Germany, individuals in the crafts and trades sector are able to start a business. In the crafts or trades which require a license they must have specific advanced vocational education and training qualification to do this. This training is called Master craftsman training. Master craftsmen must be entered in the Register of Craftsmen. They then receive the craftsman's card.
Authorisation to practise a profession is stateauthorisation to practice. This means individuals are permitted to work in Germany in a specific profession. For example in an academic medical profession.
Authorisation to practice a profession in the academic medical professions is time-limited and generally contains further restrictions.
With an approbation, individuals are permitted to work in an academic medical profession in Germany permanently and without restrictions. For example medical practitioners may obtain authorisation to practice a profession in the recognition procedure, however this is still not an approbation.
Approbation (licence to practise medicine in Germany)
Approbation is official state authorisation to practice. With an approbation, individuals are permitted to work permanently and without restrictionsin an academic medical profession in Germany. For example:
The professional title is the name of a profession. Some professional title may only be used with state authorisation for use of the professional title. These professions include for example:
German: Befähigungsnachweis
Also: Certificate of competence
The following is important for some independent activities andtrades and businesses (German: “Gewerbe”): The individual must have specialist knowledge or the competency in specific activities. The individual must provide written evidence of their specialist knowledge or competency. Only then will the individual receive authorisation for the practice of specific activities in the profession. The document providing this authorisation is called a qualification certificate or certificate of competence.
There is specific theoretical and practical training for a qualification certificate. There is often also an examination (for example an expert knowledge examination). Following this the individual receives the qualification certificate or the certificate of competence as an official document. For some activities, the individual must also provide evidence that they are personally or medically suitable This applies for example to the following activities:
Some regulated professions are automatically recognised within the European Union (EU). These professions are always equivalent. This is because, in the EU, uniform standards exist in the vocational qualification in these professions. Individuals in these professions are therefore permitted to work in all countries of the EU. They must, however, have completed the training in a country which is part of the EU.
Automatic recognition applies to the following occupations:
Medical practitioner
Dentist
Veterinarian
Pharmacist
Nurse
Midwife and obstetrician
Architect
A list of these professions is provided in the appendix of the EU Recognition Directive (2005/36/EU).
In Germany, there are professions with additional qualification designations. These might be, for example, “state-recognised” or “state-certified”. These qualification designations form part of the designation of a vocational qualification or of specific advanced vocational training, For example, “State-recognised social education worker” or “State-certified business specialist”. These designations are legally protected. Only persons who have achieved this qualification may refer to themselves as such.
The designation “state-recognised” does not indicate recognition of a foreign professional qualification!
Personal aptitude is important in some regulated professions for an application for recognition. For example, for occupations in the areas of public health, security and in the social and education sector. In this case, the competent authority requires evidence of personal aptitude for the recognition application or before starting a compensation measure. However, in some cases, evidence first needs to be presented to a new employer. An individual is personally suited when: The person has committed no criminal offences and is reliable
Evidence of personal aptitude may be provided, for example, by:
The term “Healthcare occupations” refers to all professions in which a person is cared for or receives medical assistance. They involve a multitude of professional activities and tasks. These professions are governed differently under the law, and certain prerequisites are in place regarding access to professions and within the recognition procedure. However, in almost all cases a recognition procedure must be completed.
Individuals in a healthcare occupation take care of the health of other people.
Healthcare occupations include academic and non-academic medical professions. For example:
An adaptation period is a compensation measure for regulated professions. An individual trains in the areas they are lacking for recognition of a foreign professional qualification. Successful participation enables the individual to compensate for the substantial differences compared to the German reference occupation. The individual is then still able to receive full recognition of their foreign professional qualification.
During an adaptation period, the individual works in the relevant regulated profession. They are supervised by a person qualified in this profession. For example by someone who is a registered general nurse in a hospital.
The adaptation period is sometimes also additional training. An adaptation period lasts for a maximum of three years. The duration depends on which differences are specified in the recognition notice and on what the individual still has to learn.
The competent authority conducts the knowledge test.
The knowledge test relates to the content of a German state final examination. All the content of such a final examination may be tested. However it is not essential that all content is examined.
The following is examined in an aptitude test: Knowledge and skills which are important in the German reference occupation and for which no evidence is provided by documents.
The aptitude test takes into account the professional qualification. An aptitude test is not a new final examination. In an aptitude test, only those areas are tested in which substantial differences have been established.
Trade and technical school is a type of school providing vocational education. Here, an individual with completed vocational education and training and with professional experience can undertake continuing vocational education and training. This continuing VET can be completed on a full or part-time basis. Trade and technical schools also offer the following continuing vocational education and training:
Additional or development training courses
Continuing updating education and training measures
Trade and technical schools are regulated by the federal states
Practising and extending your own skills and knowledge following training. The following types of continuing training exist:
Continuing vocational education and training
General continuing education
Political continuing education
Continuing education at universities (also referred to as continuing academic training)
Continuing vocational education and training includes courses for consolidating and supplementing vocational knowledge. The learning involved in continuing vocational education and training is formal, non-formal, and informal.
Today, the terms “advanced vocational training” and “continuing education” are frequently used synonymously in a vocational context
In practice, continuing vocational education and training can include the following:
Retraining
Upgrading training (e.g. master craftsman courses)
Updating training
An examination may need to be taken at the end of continuing training. At the end of continuing education you generally receive evidence of participation or of passing the examination. This evidence is referred to as, for example:
Translators translate one language into another. Sometimes a translation of official documents requires confirmation of the accuracy of the translation. If so, an official attestation clause and signature are then added to the document. Only authorized translators are permitted to issue this confirmation in Germany. They have been authorised by a court to do this. In Germany translators have a range of different titles They can be
In most cases an application for recognition includes documents which need to be translated. A list of translators is available online in the federal state administration of justice department's database of interpreters and translators.
Sometimes competent authorities do not allow translations from a translator who has been publicly appointed abroad. It is therefore important to ask the competent authority about this before a translation: Can I have my documents translated in my country of origin?
The German embassies in other countries provide information about the contact details of publicly appointed or authorized translators abroad.
An individual has a vocational qualification if they have completed vocational education and training and have successfully passed a state or state-recognised final examination. Evidence of the vocational qualification is provided by the certificate.
In the trades and crafts sector, individuals primarily engage in professions involving craft trade activities. There are around 130 craft trades. These include, for example:
Baker
Hairdresser
Watchmaker
Electrical engineer
Photographer
Training in the crafts and trades sector is completed with a journeyman examination after 3 to 3 1/2 years. Following this, there is the opportunity to complete advanced vocational training as a master craftsperson.
Individuals with a craft trade are able to work independently. This means that they are permitted to run their own craft trade business.
You can also run your own craft trade business in trades or crafts which do not require a licence and in those similar to the skilled crafts and trades . For this you must have previously been entered in a register or you must register a trade or business with the trade office. Recognition is not required in this case.
The crafts and trades requiring a license and those similar to the skilled crafts and trades are specified in the Crafts and Trades Regulation Code in Appendix B.
The freedom to provide services permits individuals who are independently providing services in a country of the European Union (EU) to also provide these in every other country of the EU. However, this only applies to independent activities. These are independent commercial, skilled craft or freelance activities which are offered to others. The freedom to provide services applies only to temporary and occasional activities. It is not a permanent option and does not apply to salaried employees. This is governed by the freedom of establishment.
The activity only needs to be reported beforehand in writing to the competent authority in Germany for regulated professions such as medical practitioner.
Those wishing to work independently in Germany must go through recognition of their professional qualification in Germany. This also applies to salaried individuals.
Many professions are so-called liberal professions. These are professions which, by law, require a specific qualification or in which an individual works scientifically or artistically. The liberal professions include for example:
Medical practitioner
Lawyer
Tax accountant
Architect
Journalist
Physiotherapist
Individuals working in the liberal professions (freelancers) offer their services or work to other people for money. They are normally self-employed and work independently. This means that they have no employer.
The right for citizens of the European Union (EU) to work independently and permanently in another EU country. These individuals are permitted to have a trade or business. They are also permitted to work independently in commercial, craft trade or liberal occupations.
Full-time vocational school is a type of school providing vocational education. In a full-time vocational school, pupils are able to train in an entirely school-based training occupation.
Other courses are also available at a full-time vocational school in which, for example, only parts of the vocational education and training are taught.
German: Absicht der Arbeitsaufnahme
Also: Erwerbstätigkeitsabsicht, Arbeitsabsicht; Nachweis, Darlegung, Glaubhaftmachung der Arbeitsabsicht
Persons seeking to work in Germany can apply for recognition of their professional qualification from abroad. Persons from third countries must provide proof of their intention to seek work in Germany.
The competent authority may demand proof of the intention to work. A competent authority will then also know the location or federal state in which the person is seeking to work.
The proof of the intention to work includes, for example,:
The location note of the Service Center for Professional Recognition (ZSBA)
Contact with an employer in Germany: e.g. contract of employment, confirmation of employment, applications, invitations to interviews
Business idea for self-employed work
Application for entry visa to work in Germany
Exceptions: Persons from the EU/EEA/Switzerland do not need to provide proof. They simply need to declare the location in which they are seeking to work in Germany. Persons coming from a third country and who already live in the EU/EEA/Switzerland are also not required to provide proof. However, the location note can be helpful. It confirms to the competent authority that the person wants to work in the named federal state. E.g. if the person has still not found an employer in Germany.
EU/EEA/Switzerland is the abbreviation for: European Union/European Economic Area/Switzerland.
The member states of the European Union (EU) include: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
The European Economic Area (EEA) includes: All EU member states, Iceland, Liechtenstein, Norway.
Switzerland has entered into a treaty with the European Union. This states that Switzerland participates in the European system of professional recognition.
German: Standortberatung, Standortvermerk
Also: Advisor Note on Location Counselling [Standortberatungsvermerk],
Counselling note [Beratungsvermerk],
Proof of location [Standortnachweis],
Proof of counselling [Beratungsnachweis]
Skilled workers abroad are able to seek advice on the locations where they are needed in Germany. The Service Center for Professional Recognition (ZSBA) carries out the Location Counselling. It provides support in identifying an appropriate work location (a city or federal state) and therefore the competent authority for the recognition procedure. The content and outcome of the counselling is documented in the Advisor Note on Location Counselling. The Advisor Note on Location Counselling confirms to the competent authority that the person wants to work in the named federal state.
The Advisor Note on Location Counselling is not essential when applying for a recognition, but it is very helpful:
If the person has still not found an employer in Germany.
Please note: Persons from third countries can also provide proof in other ways that they want to work in Germany. For this, see page “Documents needed for the application”.
Individuals from third countries require state authorisation if they are seeking to enter Germany and wish to stay here. This authorisation is called a residence permit.
There are 3 temporary residence permits:
Residence permit
EU Blue Card
Visa
There are 2 permanent residence permits:
EU permanent residence
Settlement permit
In Germany applications for a residence permit are submitted to the Immigration Office. When abroad, applications for a residence permit are submitted to the German diplomatic mission.
Further information is available from the Federal Office for Migration and Refugees (BAMF).
German: Gemeinsamer Europäischer Referenzrahmen für Sprachen (GER)
The Common European Framework of Reference for Languages (CEFR) is a recommendation from the Council of Europe regarding language skills in a foreign language. The CEFR divides foreign language skills into various competence levels and levels of language. This makes language skills more comparable. The CEFR is also used as a standard for acquisition of language skills.
For specific occupations in Germany there are not enough employees. This means that there are not enough individuals being trained in these occupations. These professions are known as shortage occupations.
Shortage occupations primarily include technical professions and some healthcare and nursing professions. Shortage occupations are entered in the positive list.
Statement of comparability for foreign higher education qualifications
An statement of comparability for foreign higher education qualifications is a document from the Central Office for Foreign Education (ZAB). The document describes a higher-education qualification from abroad.
The recognition procedures are only for higher-education qualifications which lead to a regulated profession. For those higher-education qualifications which lead to a non-regulated profession there is the statement of comparability. An statement of comparability compares the foreign qualifications with the German qualification following a degree. The assessment of higher education certificates gives information about the vocational and academic opportunities provided by the qualification.
The statement of comparability is requested from the Central Office for Foreign Education (ZAB).
There are no state regulations in terms of authorisation to practice for non-regulated professions. This means that individuals are permitted to work in these professions without authorisation to practice. These professions include for example all professions in dual vocational education and training. People with a foreign professional qualification can work in non-regulated professions withoutrecognition.
Evidence of formal professional qualifications is issued by an authority. It must be issued in the country in which the professional qualification was obtained.
The official name of the act is: Assessment and Recognition of Foreign Professional Qualifications Act
There is the Recognition Act of the Federal Government and the Recognition Acts of the 16 Federal States. Important parts of the Recognition Act are the Law for the Amendment of the Professional Qualifications Assessment Act (BQFG) and the adaptations to special laws and regulations relating to occupations.
The Recognition Finder is a specific tool at www.anerkennung-in-deutschland.de which is used to search for information about recognition.
This allows individuals to easily find information on this website. For example, on the following topics:
Medical fitness is important for some regulated professions for an application for recognition. For example, for professions in the areas of public health, security and in the social and education sector. The competent authority requires proof of medical fitness for these professions This applies before starting a compensation measure. However, in some cases, evidence first needs to be presented to a new employer. An individual is medically fit when they can work physically and psychologically in their profession.
In most cases proof of medical fitness can be provided by means of a doctor's certificate. This certificate states that the professional activity will not be impaired by the health of the individual. This certificate must not be more than 3 months old.
It may be the case that the competent authority only requires a personal declaration regarding the state of an individual's health.
The Professional Qualifications Assessment Act is an important element of the Recognition Act. The Professional Qualifications Assessment Act exists in Germany at federal level and in the 16 federal states. It is always Article 1 of the Recognition Act for the Recognition of Professional qualifications. It regulates the recognition procedure.
The costs of the procedure are the costs of the recognition procedure. This means that individuals going through the recognition procedure must pay money to the competent authority.
The recognition procedure may also involve further costs For example for:
• Translation of certificates
• Certification of documents
This is because translations and certifications cost money. However, financial support is available for individuals going through the recognition procedure.
Information regarding this is available under “Financing possibilities”.
In Germany, a trade or business must be registered with the trade office. The official certification for a trade or business is referred to as: Trading licence.
Vocational school is a type of school providing vocational education. A vocational school is where the school-based element of dual vocational education and training occurs.
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