Caregiver and mentor discuss documents together in a nursing facility

Care facilities almost always ask the same question first when applying for recognition partnership: Are we even allowed to use them?

The reason for the question is a requirement that § 16d, paragraph 3, of the AufenthG imposes on the employer. The law and the guidance document of the Federal Employment Agency list three categories of employers for this requirement, and only one of them requires a collective bargaining agreement. This article goes through the requirements in the order in which they must be clarified in the proceedings.

The most important in a nutshell

  • With the recognition partnership under Section 16d, paragraph 3 of the AufenthG a professional from a third country can be employed before their qualification is recognized. The recognition process must Immediately after entry at the latest It is planned to be launched earlier; an earlier start is not excluded.
  • Basically, the requirement requires qualified employment. In regulated professions such as nursing, this is not possible before permission is granted, which is why the law two exceptions provides for.
  • Sentence 2 applies to tariff-based and church-affiliated employers. Sentence 3 applies to care facilities approved under § 72 of the Social Security Act XI, And for that, no binding of tariffs required.
  • Classification and remuneration must correspond to the requirements of an employment. lead to the desired career. This is not automatically the remuneration of a fully recognized nursing professional, but neither is it the remuneration of any other auxiliary position.
  • Without a collective bargaining agreement, there is nevertheless an obligation to pay: the Admission under § 72 of the Social Security Act XI Since September 1, 2022, they have themselves demanded a salary at least at the collective bargaining level or at the published regional standard.
  • A2 is only the legal lower limit. For healthcare professions, the checklists issued by the central authorities in Bavaria and Lower Saxony require at least B1.
  • The residence permit is initially valid for the duration of the approval of the federal agency, no longer than one year, and is valid until a maximum of three years. Total duration of three years extendable.
  • Since January 1, 2026, there is a Obligation to provide information pursuant to § 45c AufenthGAnyone who applies from abroad must indicate the advisory service offered under § 45b AufenthG in text form at the latest on the first day of work performance. In the case of mediation under § 299 SGB III, this obligation does not apply and the mediator is responsible for it, namely already before the conclusion of the contract.

Which care facilities can benefit from the recognition partnership?

Section 16d, paragraph 3, sentence 1 of the AufenthG sets a qualified employment In a regulated profession, this is excluded before recognition, because as a nursing professional only those who have the permission to hold the professional title may work. Without special regulations, the partnership for recognition in nursing would thus be practically worthless.

The law therefore provides for the exemption from this requirement, namely in two separate sets with different requirements.

Way 1 according to Clause 2: tariff-based and church-affiliated employers

Clause 2 requires three things to be combined. The employer must be a unionized employer or a church-based employer bound by regulations of a commission composed of members equally divided between the church and the state. He must employ the professional to work under the labor conditions established by the church-based laws and regulations. Classification and remuneration must correspond to an employment whose requirements lead to a professional activity in the intended career.

Path 2 according to clause 3: care facilities approved under § 72 of the Social Security Act XI

Sentence 3 only states two Requirements: The employer is a care facility licensed under § 72 of the Eleventh Book of the Social Code, and the classification and remuneration correspond to an employment whose requirements lead to professional activity in the intended target profession.

Binding wage agreements are not one of these two conditions. For nursing homes and outpatient services with a service contract under § 72 of the Social Security Act XI, this option is therefore open regardless of whether they are subject to a collective bargaining agreement.

Both paths are also represented in a separated manner from a procedural perspective. Additional sheet A The Federal Employment Agency includes a separate check box in the section on the recognition partnership for „I, as an employer, am a care facility within the meaning of § 72 of the Social Code XI“; this is next to the field for church law. Leaflet from the Federal Agency specifically lists the three occupational groups side by side.

What applies to classification and remuneration

A closer look at the wording here is worthwhile, because it is read incorrectly in both directions. What is required are a classification and a remuneration that correspond to an occupation, „whose requirements lead to professional activity in the intended target profession.“.

This refers to a leading activity, Not the profession itself. A claim to the classification of a fully recognized nursing professional does not follow from that. Likewise, the remuneration for any auxiliary work is not sufficient. Which level is appropriate in a specific case must be determined for the respective employment relationship, and this must be done before applying, because classification and remuneration are reviewed in the process.

No binding of wages does not mean free wage setting

One point that is often overlooked with route 2: the approval under § 72 of the Social Security Act XI itself entails an obligation to pay remuneration. Since September 1, 2022, care contracts may only be concluded with institutions that pay an appropriate remuneration to their employees for care and assistance. For institutions without Binding wage agreements are regulated Section 72, paragraph 3b of the Social Security Act XI, That the remuneration must not fall below one of four standards, including the level of a regionally relevant collective agreement covering the same field of work and the regional standard of remuneration published pursuant to § 82c of the Social Security Act XI.

With the fourth criterion, the regional standard according to § 72, paragraph 3b, sentence 1, no. 4 of the SGB XI, a clarification is warranted. This criterion refers to the components of remuneration that are paid to employees of the respective qualification group. on average No individual minimum wage is paid. As a result, there is no exact minimum wage for each individual employee. Regardless of this, the relevant minimum wage requirements apply, and the Federal Employment Agency examines the working conditions of the specific employment relationship.

For the calculation, this means that the exemption from wage-setting agreements only applies to § 16d AufenthG. The level of remuneration for your facility continues to be determined by the care insurance law.

What the professional can do until recognition is granted

That is the question that will be specifically discussed in conversations with nursing directorates, and it will determine the extent to which the position is beneficial in the first year.

As long as the permission to use the professional title has not been granted, the person may not use the professional title and may not be employed as a nursing professional. They work in the auxiliary or support sector, with a classification according to the scale described above.

It's not just about the title, but also about the Tasks. Section 4 PflBG Certain nursing tasks remain reserved for persons with a permit under § 1 of the PflBG; namely, the collection and determination of the individual nursing needs and the planning of the nursing process, the organization, design, and management of the nursing process, as well as the analysis, evaluation, safeguarding, and development of nursing quality. The law summarizes this as: Care process responsibility together.

Section 4, paragraph 3 of the PflBG specifically applies to the employer: Anyone who employs persons without this permission in nursing care may assign them these tasks. neither transmit nor tolerate their implementation. So, tolerating is already enough. For the service planning, this means that the professional cannot bear any responsibility for the care process in recognition, nor can they assist in a weekend when the staff is understaffed.

Whether and how they can be taken into account in this period in accordance with the professional staffing quota depends on state and local regulations and must be clarified with the relevant authority.

In addition, there is the time required for language courses, qualifications, exams and administrative procedures. Those who base personnel planning on an additional full-time position in the service schedule are overestimating the situation.

In depth: nursing knowledge examination · recognition decisions identifying qualification gaps.

The remaining requirements and proofs

With the exception of the requirement of qualified employment, the remaining requirements are not met. According to § 16d, paragraph 3, sentence 1 of the AufenthG, the following must be met:

  • A professional qualification recognized by the state in the country of training, whose acquisition required a training period of at least two years, or a university degree recognized by the state there. The Oder is important: Nursing studies fulfill the prerequisite even without two years of vocational training.
  • A concrete job offer.
  • An agreement between the professional and the employer regarding the obligations of both parties, see below.
  • Suitability of the employer for training or further qualification. The Federal Agency’s brochure lists as examples an apprenticeship qualification in the profession to be recognized, registration as an apprenticeship business in the apprenticeship role, or already successfully completed further qualifications.
  • German language skills, which correspond to the intended activity, at least however sufficient, see the next section.
  • Approval of the Federal Employment Agency in accordance with § 39 of the AufenthG.

The confirmation under paragraph 4, and who issues it

A requirement is not included in the catalogue of numbers and is therefore often omitted in summaries. According to § 16d, paragraph 3, sentence 4 of the AufenthG, the professional must ensure that the requirement set out in paragraph 1, no. 1, is present. Have it confirmed by a qualified domestic authority.

The law does not specify which position this is. The central authorities in Bavaria and Lower Saxony’s checklists and the Federal Agency’s brochure all agree that the position is a temporary one. Central Office for Foreign Education (ZAB) and leads to three paths:

  • for one Professional qualification the Digital information on professional qualifications (DAB) the ZAB. It checks whether the training has been completed, whether it is recognized in the country of origin and whether it corresponds to a full-time training of at least two years. The ZAB charges a fee of 150 euros and the processing time from completion with two months It is also payable in the event of a negative result.
  • for one Higher education degree an evaluation of the certificate by the ZAB. Whether the university is state- or state-accredited can be determined in advance in the database anabine Read the status H+. As a preliminary check, this is useful; however, anabin itself points out that the assessment of a final grade does not usually replace the evaluation of the specific final grade and the database does not claim to be complete. For the visa process, the ZAB mentions the certificate evaluation as proof,
  • Alternatively, a notification from the professional licensing authority stating that an adjustment measure must be taken or that language skills must be demonstrated. Caution is advised: Such a notification only serves as proof if it also indicates that at least two years of training duration This is logical, because this is exactly the prerequisite that Sentence 4 is intended to prove. A deficit statement is not automatically sufficient for this purpose.

One point worth noting in practice that is easily misinterpreted. Both checklists list this proof under „If available,“ and the Bavarian central authority states that it will initiate the procedure for obtaining the confirmation if necessary. This means that the proof can still be obtained through the procedure. The prerequisite itself does not therefore disappear. Where the confirmation itself must be obtained, the two-month processing time is included in the schedule, namely before the visa appointment.

Language level: A2 is the legal minimum

The law requires that the professional has „at least sufficient knowledge of the German language to perform the intended activity“. According to § 2, paragraph 10 of the AufenthG, sufficient knowledge corresponds to level A2. Summaries often state that „A2 is sufficient“; this is a short-sighted approach for two reasons.

First of all A2 is explicitly only the minimum requirement. The level required corresponds to the activity being pursued. For health professions, the central authorities in Bavaria and Lower Saxony What is specific for the accelerated skilled worker procedure: a language certificate from an ALTE-certified institution at least GER-level B1. This is the administrative practice of these two agencies in this process; it is not a nationwide rule, and other countries should contact the relevant authority there.

At/On/Upon Certificate age The two documents differ. Lower Saxony requires that the examination date be no more than one year old. Bavaria is more cautious and attributes the requirement to the foreign representations: These usually accepted only certificates where the oldest examination date is no more than one year old, and all examination modules must have been passed.

Secondly The level of residence rights is not the same as the professional rights. For the permit to hold the professional title, the countries in the care sector usually require B2. This step must be achieved by the professional during the partnership, and for that they need time in their work schedule.

For planning purposes, this means: assess your language level before making your selection and calculate the difference to the required level in months.

The approval of the Federal Employment Agency

Section 16d, paragraph 3, sentence 1, no. 6 of the AufenthG allows two possibilities: approval by the Federal Agency or a regulation that permits employment without approval. There is such an exemption for the partnership of recognition. not. With § 2a BeschV The employment regulation contains its own provision for this, and it sets conditions instead of freeing up workers.

The approval can be granted if the employment is maintained until the equivalence is determined or the occupational license is granted. in a professional context related to the foreign professional qualification and the recognition procedure for a profession of the same occupational group is operated in which employment is exercised.

For nursing, this is usually not problematic because assisting in nursing and the profession of nursing, which is the same occupational group, belong to the same professional group. However, anyone who initially wants to employ the professional in a non-related field, for example in housekeeping or the kitchen service, will have a problem with this requirement.

Two more points from § 2a of the BeschV are included in the planning. Approval is required for maximum of one year It can only be granted again if the recognition procedure is completed with the competent authority. actually being operated, This includes participation in qualification measures and subsequent examinations. A procedure that exists on paper but does not progress in operation does not qualify for an extension.

It is also checked that the professional worker is not working under more unfavorable working conditions than comparable domestic employees. This examination under § 39, paragraph 3, no. 1 of the AufenthG also covers the salary.

How the federal agency comes into the proceedings is often misrepresented. According to its brochure, it is involved internally in the administrative process, And the procedure is initiated with the relevant German foreign representation or foreign affairs authority. The employer therefore does not have to obtain the consent in advance for the visa application to be submitted.

However, it is possible: To speed up the visa process, optionally a preliminary approval Applications must be submitted online or to the relevant labor market licensing team. The documents required for this are the „Declaration on Employment Relationship“ and Appendix A, along with the declarations from the employer and employee and proof in accordance with Paragraph 4.

The instructions for uploading documents include a sentence that is cited in abbreviated form: If the application is submitted online, in principle, only the tariff agreement must be uploaded in addition to the information requested there. This applies only the online route and applies in addition to the information requested in the form itself. It does not state that this eliminates any other documentation. And for an establishment that follows the procedure outlined in Paragraph 3 and does not even have a collective bargaining agreement, the information sheet does not specify what takes its place. This question must be submitted before applying to the competent labor market licensing team.

The agreement between the professional and the employer

This agreement is a separate prerequisite, and its minimum content is stipulated in the law. It must be complied with:

  • that the professional undertakes, Immediately after entry at the latest to initiate the recognition procedure with the competent authority, and
  • that the employer undertakes to provide the professional with the necessary support from the competent authority to carry out the tasks required by the relevant authority. To enable qualification measures within the framework of the employment relationship.

Section 16d, paragraph 3, sentence 1, no. 3 of the AufenthG does not require more. However, in practice this also includes the requirement that the applicant be in possession of a valid residence permit. Desired career goal. Additional sheet A explicitly asks him to provide this information, and both examinations required for classification and for professional relevance under § 2a of the BeschV require that he be named. An agreement that specifies the target profession invites questions.

The law does not require a specific form, nor does it explicitly specify the written form; the agreement can be part of the employment contract. However, Appendix A requires proof of both obligations, which is why it is in practice concluded in writing and signed by both parties. Individual countries provide templates.

The second commitment involves more than just a form. „Facilitating“ means granting leave for courses, exams, and government appointments, providing practical instruction for an adaptation course, and planning the work schedule that supports it. Anyone who signs this commitment and then fails to grant leave violates a requirement of the residence permit and risks losing it.

Duration, extension and the limits of the title

The residence permit is issued for the duration of the approval of the Federal Agency upon first issuance, for a maximum of one year, and can be extended for up to a maximum stay of three years.

  • After the maximum duration has expired, this path is blocked. The law excludes granting a residence permit pursuant to § 16d or § 19c, paragraph 1, in conjunction with a provision of the Employment Regulations for temporary employment.
  • Section 9 of the AufenthG does not apply to this title. Therefore, the time spent in the recognition partnership does not give rise to a claim for an establishment permit. Whether and when an establishment permit will later be granted under a different type of residence permit, for example as a specialist after successful recognition, is a separate matter.
  • The title is specific. It only entitles to employment under Paragraphs 1, 2 or 3, No. 2, and to an additional job of up to 20 hours per week.

If recognition is granted, the professional will change to a residence permit as a professional.

The other case needs more attention than it usually gets. It is certain that recognition will be given. not reachable Therefore, the purpose of the title is no longer fulfilled: The prerequisites for this partnership of recognition are no longer met. The three years are a maximum duration and not a commitment that the stay will continue thereafter. Similarly, a renewed consent under § 2a of the BeschV requires that the procedure be actually carried out, which is not possible in the case of an unsuccessful procedure.

Whether another purpose of stay is appropriate must therefore be examined as soon as this becomes apparent, and not in the last month of the maximum duration.

More information about the procedure and the deadlines: Accelerated skilled worker procedure under § 81a AufenthG

§ 16d, paragraph 1 or paragraph 3: when which route is suitable

Both paths follow the same rule and lead to different employment relationships.

Section 16d, paragraphs 1 and 2 of the AufenthG Section 16d, paragraph 3 of the AufenthG
Purpose of entry Implementation of a specific qualification measure, including the subsequent examinations Conducting the recognition procedure while simultaneously working
Status of the procedure upon entry A competent authority has determined what action is necessary The procedure must be initiated immediately after entry at the latest.
Employment One of the measures independent Employment up to 20 hours per week. In addition to paragraph 2, an additional Time-limited not Employment, the requirements of which relate to the professional knowledge required for the later employment, with the approval of the Federal Agency The employment relationship is the core of the title
Duration Up to 24 months, with an extension of up to twelve months, a maximum of three years in total Initially for the duration of the approval of the federal agency, a maximum of one year, a maximum of three years in total

The choice depends primarily on how far the recognition process has progressed. If a decision with a specific compensatory measure has already been issued, section 1 is often the more direct route, and section 2 allows for employment without a fixed number of hours. If the process is still at the beginning, section 3 is an option.

About the entire process: Hiring nursing staff from abroad · regarding the fees: Costs of recognition by state

Recruitment from third countries: the restriction under § 38 of the BeschV

One point that must be resolved before the candidate search begins, regardless of the type of residence permit. § 38 BeschV and the facility must not engage in recruitment and placement for employment in health and care professions from the states listed there. only through the Federal Employment Agency The list is based on the WHO list of 2023 and includes 55 countries.

In this case, the person’s ordinary place of residence is usually decisive, not their nationality alone. A nursing professional with the nationality of a listed state who has lived and worked for years in a non-listed state is not automatically subject to the restriction, and conversely, non-listed nationality does not protect if the recruitment takes place in a listed state.

The exception for Self-submitted applications is narrower than it is usually depicted. This refers to an application that was actually made on one's own initiative. directly with the employer, Without prohibited recruitment and without private employment agency services. Therefore, the fact that a candidate personally contacts an agency does not allow that agency to perform an assignment from a listed country. The employer should be able to document how the contact was made.

The consequences are not only in terms of fines. According to Section 40, paragraph 1, no. 1 of the AufenthG is the consent to failed, If the employment relationship was established through unlawful employment intermediation or recruitment. This is not a matter of discretion. Without consent, the recognition partnership does not exist, regardless of how well the other requirements are met.

Information requirements and contract form for recruitment from abroad

This block is new and is therefore still often overlooked. It applies regardless of the recognition partnership for any employment from abroad.

§ 45c AufenthG: Information about the advisory service

An employer based in the Federal territory contracts with a third-country national who resides or has his habitual residence abroad has, an employment contract for work performed domestically, he must register it with the § 45c AufenthG point out the possibility of information or advice under § 45b, paragraph 1, sentence 1 and 2 of the AufenthG. Three details determine whether the obligation is fulfilled:

  • Deadline: at the latest by first day of work, Not just after that.
  • Form: in Text form. That is less than the written form; an email is sufficient, a signature is not required.
  • Contents: At least the current contact details of from the workplace nearest Counseling center. A general reference to counseling services is not enough.

Section 45b, paragraph 1 of the AufenthG establishes a nationwide, free of charge and low-threshold advisory service on labor and social law starting January 1, 2026, which is aimed at third-country nationals in the federal territory as well as those with habitual residence abroad. The law does not specify any provider. In practice, this service is provided by Fair integration He has been working since January 1, 2026, according to his own statements, based on § 45b of the AufenthG in conjunction with the Third-Country Nationals Advisory Regulation. For the letter to the professional, this means that the current contact information of the nearest location at the time of hiring is included, not an address once researched from a template.

§ 299 SGB III: when mediation is involved

The employer's duty to inform does not apply in the case of cross-border mediation within the meaning of § 299 of the Social Security Act III. Two obligations cannot be imposed one after the other. There is a distribution of responsibilities: either the employer informs according to § 45c, or the mediator according to § 299.

The mediator's obligation is significantly broader in this case. Section 299 of the Social Security Act III demands the information before the conclusion of the employment contract, in written form, at the expense of the mediator and in the workers’ own language or in a language they understand. The content covers ten points: the name and address of the employer, the intended start and expected duration, the place of work, the type of work, the working hours, the remuneration, including any deductions that may be made, the length of leave, the notice periods, a general reference to applicable collective agreements and works council agreements, and the advisory services of the social partners and government agencies.

Regarding the last point, § 299 of the Social Security Act III explicitly lists the advisory services under § 45b, paragraph 1, sentences 1 and 2 of the AufenthG for nationals from third countries, namely with the current contact details. Therefore, anyone who works as an intermediary should have this obligation verified. It is stricter than the obligation under § 45c, and it applies before the conclusion of the contract, that is, before the point at which the employer would be acting on their own.

If the contract is concluded in Georgia: Article 12 of the Georgian Labor Migration Act

If the employment contract is signed in the country of origin and not in Germany, its law can impose its own specific requirements. For Georgia, Article 12 of the Law on Labor Migration (Law No. 3418-II of April 1, 2015) regulates employment contracts concluded in Georgia between Georgian labor migrants and foreign employers.

According to Article 12(1), such a contract is governed by the employment law of the employing state, and agreements that contradict it may not be entered into. Article 12(3) additionally requires that the contract only on a temporary basis will be closed, in writing and in Georgian language as well as in the official language of the employment state, For Germany, therefore, it is necessary to have both a Georgian and a German version. An English version does not meet this requirement.

This leads to a tension that must be resolved before the contract is drawn up: Georgian law requires a limitation period, but German law does not allow for an unlimited limitation period. The fact that a foreign provision prescribes a limited contractual form does not automatically make the limitation period effective under German law. Which form meets both requirements is a matter for labor law advice in individual cases and should not be improvised on the day of signing the contract.

Two notes regarding the source of the law. The English version of the law is available on the Georgian Law Portal Matsne, but it does not indicate whether it is an official translation. The Georgian text is authoritative. Article 12 also does not specify a mandatory party or a specific sanction.

How widespread the path has become

The recognition partnership has been in effect since March 1, 2024. The German federal government presented figures on this matter in December 2025 in response to a small-scale inquiry.

By March 2024 to November 2025 the German representations abroad 1,097 Visas For this purpose, the first monthly value is 10 visas, the maximum value is 125 in October 2025, and the last recorded month is 69. This is not a steady increase; however, over the entire period, the trend is upward.

For the shorter period March 2024 to October 2025 the Federal Employment Agency in 1,750 cases Agreed. Decisions are counted, not individuals; because for one person several consents are possible during the reporting period. Both figures therefore relate to different time periods and different counting units and cannot be compared with each other.

The distribution by occupational groups is revealing, based on the same 1,750 approvals from March 2024 to October 2025. The group „Medical health professions“ accounts for 884 cases, Therefore, 50.5 percent. This is followed by „Non-medical health, personal care and medical professions“ with 176 cases and "Machine and vehicle technology professions" with 166 cases.

Three limitations are included in this number. „Medical health professions“ is the professional group of Printed material Even within that framework, care is not specifically mentioned, and the Federal Government explicitly states that differentiation based on qualification is not possible. It describes the distribution within This is not the purpose of the stay, but rather the share of the recognition partnership in the overall recruitment of healthcare professionals. According to its own information, the Federal Government has no data available regarding the duration of recognition procedures, neither in the Central Foreigners Register nor in the statistics of the Federal Agency.

This indicates that within this timeframe, the medical health professions constitute the largest group.

And what about female doctors?

The exception for regulated professions is not limited to nursing, and official documents explicitly cite female doctors as an example. However, sentence 3 relates to the institution’s registration, not to the professional qualification of the specialist. Hospitals are not considered nursing facilities under § 72 of the Social Security Act XI, so for medical staff the path usually remains via sentence 2. For clinics this is usually not a problem because they are mostly covered by collective agreements or are run by churches.

The language requirements also differ: For medical practice, general German skills at B2 level are usually required, and specialist language skills at C1 level are added in the specialist language exam, with differences depending on the federal state.

Procedure and responsibilities

Step Responsible Evidence or result Depends on
Determine the employer's path Employer Collective agreement, church labor law regulation, or approval under § 72 of the Social Security Act XI –
Check the movement of the anchor Employers, if applicable, intermediaries Documentation of how the contact came about Annex to § 38 of the BeschV, ordinary residence
Defining classification and remuneration Employer Employment contract with leading classification chosen course of action, § 72, paragraph 3a or 3b of the Social Security Act XI
Confirm qualification Professional staff and ZAB, sometimes the central authority DAB, certificate evaluation or notice from the professional licensing authority Documents from the training state
Obtaining a language certificate Professional Certificate of an ALTE-certified institute Requirement of the competent authority
Information according to § 299 SGB III Mediator, if mediation takes place Written information in ten points, in understandable language before the conclusion of the employment contract
Conclusion of agreement Both sides Agreement with both obligations and named career goal Job offer
Pre-approval, optional Employers, on their own initiative Declaration on employment relationship, additional sheet A Employment contract and agreement
Apply for a visa Professional Visa for the recognition partnership Proof of language skills, confirmation, agreement
Approval from the Federal Agency Foreign representation or foreign affairs agency, federal agency involved internally Consent pursuant to § 39 of the AufenthG submitted application, provided there is no prior approval
Note according to § 45c AufenthG Employers, unless there is mediation under § 299 SGB III Text form, contact details of the nearest advisory center at the latest on the first day of the work performance
Initiate the recognition process Professional staff, supported by the employer Application to the recognition authority at the latest immediately after entry, earlier if possible
Qualification and Examination Accreditation body and employer Adaptation course or knowledge test Exemption and practical instruction
Prepare for an extension Employers and professionals Evidence that the procedure is being operated documented progress

Five points need to be clarified before the decision is made, in this order:

  • Which of the two paths does your arrangement fulfill the exception, via Clause 2 or Clause 3?
  • What classification and what remuneration are appropriate for a leading position, and how do they comply with the requirements of § 72 of the Social Security Act XI?
  • What level of language proficiency does the authority responsible for the visa process in your country require, and how old must the certificate be?
  • Is the intended activity related to the foreign qualification within a professional field and in the same occupational group as the target profession?
  • What budget do you set aside for leave, practical training, language courses and procedural fees before the agreement is signed?

Frequently Asked Questions

Does our facility have to be covered by a collective agreement?

No, if it is a care facility approved under § 72 of the Social Security Act XI. For this case, § 16d, paragraph 3, sentence 3 of the AufenthG provides for a separate exception with only two conditions, and tariff binding is not one of them. If your facility is not approved under § 72 of the Social Security Act XI, the path remains via tariff binding or church law according to sentence 2.

What payment do we have to make?

Section 16d, paragraph 3 of the AufenthG requires an employment classification and remuneration that corresponds to an occupation whose requirements lead to a professional activity in the intended target profession. This is not automatically the remuneration of an accredited nursing professional or that of any auxiliary work, but must be determined for the specific employment relationship. Regardless of this, the Federal Employment Agency examines under § 39, paragraph 3, no. 1 of the AufenthG that the working conditions, including the remuneration, are not more unfavorable than for comparable domestic employees. For institutions approved under § 72 of the SGB XI, the remuneration requirements of § 72, paragraphs 3a and 3b of the SGB XI also apply.

Is A2 sufficient for the visa?

A2 is only the lower limit under § 16d, paragraph 3, sentence 1, no. 5, in conjunction with § 2, paragraph 10 of the AufenthG. The level required is that which corresponds to the intended activity. For health professions, the checklists of the central authorities in Bavaria and Lower Saxony require at least B1 from an ALTE-certified institute; this is the practice of these two authorities in the accelerated skilled worker procedure and is not a federal-wide rule. Please inquire about the requirement with the authority responsible for your federal state before you create a schedule.

What is the confirmation according to paragraph 4, and who issues it?

Confirmation from a competent national authority that the qualification is officially recognized in the country of training and that the training has lasted at least two years, or that there is a state-recognized university degree there. This is different from the equivalency assessment, which is the very process of recognition. In practice, the ZAB Digital Information on Professional Qualifications, a certificate evaluation by the ZAB, or a decision from the professional licensing authority are considered for this purpose, see the section above.

Can the professional be counted as a nursing professional in the service schedule?

Not as long as the permission to hold the professional title is not available. Until then, she works in the auxiliary or support area, and § 4 PflBG prohibits the employer from transferring the responsibility for the care process or tolerating its implementation to her. How this is handled in the case of a specialist quota depends on state and institution-specific laws and should be clarified in advance with the relevant authority.

Can we first use the specialist in another area?

This is the point at which approval may fail. § 2a of the BeschV requires a professional connection between employment and foreign qualification, as well as the recognition procedure for a profession within the same occupational group. Working as an assistant in nursing care does meet this requirement; working in housekeeping or the kitchen usually does not.

Does the recognition procedure have to begin before entry?

No. Section 16d, paragraph 3, sentence 1, no. 3 of the AufenthG requires the obligation to initiate the procedure immediately after entry. An earlier start is not excluded and can alleviate the timetable. A decision from the recognition authority can replace the proof according to paragraph 4, however only if it also results in a minimum two-year training period.

Who must inform the professional about the advisory services?

It depends on whether there is mediation involved. Without mediation, the duty falls to the employer: According to § 45c of the AufenthG, he must at the latest on the first day of work provide a written notice of the consultation under § 45b of the AufenthG, including at least the current contact details of the nearest counseling center located at the workplace. In the case of cross-border mediation within the meaning of § 299 of the SGB III, the employer’s duty is waived, and the mediator must inform the employee in writing and in clear language about ten points that these counseling centers include, before the employment contract is concluded. If you can prove compliance in this case, please do so.

What happens if the employment contract is signed in Georgia?

Then, in addition, the formal requirements of the Georgian Labour Migration Act must be observed. Article 12, paragraph 3 requires for contracts concluded in Georgia between Georgian migrant workers and foreign employers to be in a written form in Georgian language and the official language of the state of employment, i.e., in Georgian and German for Germany. Article 12, paragraph 1 also refers to the employment law of the state of employment. The limitation period required by Georgian law is not automatically effective under German law, which is why the contract drafting should be examined from a labor law perspective.

Do we need a specific template for the agreement?

The law does not require a form, and the agreement can be part of the employment contract. In substance, both obligations must result from it: the immediate initiation of the procedure by the professional and the enabling of the qualification measures by the employer. The intended professional title should be specified, as the additional sheet A asks for it. Individual countries provide samples.

What happens if recognition is ultimately not successful?

If it is determined that recognition is not attainable, the prerequisites for this partnership of recognition no longer exist. The maximum duration of three years does not guarantee continued residence in this case, and a renewed consent under § 2a of the BeschV requires that the procedure actually be carried out. Furthermore, upon expiration of the maximum duration, a renewed residence permit under § 16d is excluded, and § 9 of the AufenthG on the residence permit does not apply. Whether another purpose of residence is appropriate must be examined on a case-by-case basis and in good time.

Are we allowed to recruit ourselves in the country of origin?

It depends on where the person has their habitual residence. According to § 38 of the BeschV and the attached annex, recruitment and placement for health and care professions from 55 listed countries are reserved solely for the Federal Employment Agency. Self-application directly to the employer is not included; this is not prohibited recruitment or private placement. If a candidate approaches an agency on their own initiative, the agency may not derive any placement from an applicant from a listed country. If the employment relationship is established through unlawful recruitment or placement, consent under § 40, paragraph 1, no. 1 of the AufenthG must be obtained. Please check the annex before starting a search.

Does the intended profession have to be nursing?

No. This path is not limited to recognition as a nursing professional. Depending on the foreign qualification and the other requirements, recognition in a profession regulated by state law may also be the goal. The prerequisites of § 16d, paragraph 3, sentence 1 of the AufenthG remain decisive, in particular the minimum two-year training period or a university degree, and the professional connection according to § 2a of the BeschV.

It is important to distinguish between § 22a BeschV in conjunction with § 19c AufenthG. This is a separate procedure. Employment as a care worker for persons who have appropriate German training in care work or an internationally recognized qualification that is considered equivalent to it, and not through an accreditation procedure with accompanying employment.

Check whether this path suits you

Tell us whether your institution is covered by a collective agreement, is tied to a church, or is approved under § 72 of the Social Security Act (SGB XI). In which federal state are you located and what level of language proficiency does the candidate possess. From this it becomes clear which of the three paths applies: the recognition partnership under § 16d, paragraph 3, the entry into a qualification program under § 16d, paragraphs 1 and 2, or the completion of the recognition before entry. The consultation is free of charge and does not require any commitment on your part.

Check the availability of your position

Further information: Hiring nursing staff from abroad · Recognition of foreign qualifications · Costs of recognition · nursing knowledge examination · Personnel recruitment nursing