{"id":1257,"date":"2026-08-06T07:49:36","date_gmt":"2026-08-06T05:49:36","guid":{"rendered":"https:\/\/www.talentorbit.de\/?p=1257"},"modified":"2026-08-06T07:49:36","modified_gmt":"2026-08-06T05:49:36","slug":"regulated-and-unregulated-professions","status":"publish","type":"post","link":"https:\/\/www.talentorbit.de\/en\/reglementierte-und-nicht-reglementierte-berufe\/","title":{"rendered":"Which skilled workers are lacking in Germany \u2013 and what the law requires of them"},"content":{"rendered":"

They have been looking for an electrician for eight months. The job is advertised, the salary is right, but no one applies. Then someone suggests looking abroad \u2013 and you remember what you heard about foreign nursing staff<\/a> Have read: admission procedure, language test at B2 level, one and a half years of waiting time. So, just leave it.<\/p>\n

That would be a shame, because all of that does not apply to your profession.<\/p>\n

Between a Nursing specialist<\/a> And for an electrician, there is a legal difference that almost determines everything: duration, request for service, administrative procedures, costs. This article explains what this difference is, which professions are actually lacking in Germany and what the law requires in each case.<\/p>\n

Note:<\/b> This article serves general information purposes and does not replace individual legal advice. Residence and professional rights change; the most relevant version is the one in effect at any given time. For your specific case, please contact a specialist lawyer or the relevant authority.<\/p>\n

The one difference that determines everything<\/h3>\n

Germany divides professions into two groups: regulated and non-regulated.<\/p>\n

What does \u201eregulated\u201c mean?<\/b> A profession is regulated when the law links its practice to a government license. Anyone who does not have this license may not practice the profession \u2013 regardless of how well trained they are or how urgently someone wants to hire them. For foreign qualifications, the path to this license leads through an Recognition procedure<\/a>. Only when the authority has assessed the foreign education as equivalent can work be undertaken.<\/p>\n

Unregulated professions do not face this obstacle. They may be practiced without anyone issuing a certificate. This includes almost all vocational training apprenticeships in the trades and industry at company level.<\/p>\n

This classification determines almost everything else. Let\u2019s look at both cases in more detail.<\/p>\n

The regulated case: Nursing<\/h3>\n

Anyone who wants to use the professional title \u201eNursing Specialist\u201c or \u201eNursing Specialist\u201c in Germany needs a permit for this. Nursing Professions Act (PflBG)<\/a> Section 2 lists the requirements. In addition to completed training, health fitness and reliability, it states, under number 4, a requirement that many underestimate: the \u201eknowledge of the German language necessary for the exercise of the profession\u201c.<\/p>\n

What this actually means is not specified in the federal law. It is up to the relevant state authorities to decide. In practice, they require a language certificate at the B2 level of the Common European Framework of Reference. Moreover, the Health Ministers\u2019 Conference has decided that proof of a professional-specific language proficiency test should be provided instead of a general-language certificate.<\/p>\n

For you as an institution, this means three things: First, without recognition, no one may work as a nursing professional, not even temporarily. Second: Proof of language proficiency is not a formality but a prerequisite for issuance. Third: Both must be provided before the first working day, which prolongs the entire process.<\/p>\n

The requirements for care workers are lower. The PflBG recognizes in \u00a7 12 assistance and helper training courses regulated by state law as lasting at least one year, provided they meet the basic requirements decided by the Arbeits- und Sozialministerkonferenz and the Gesundheitsministerkonferenz. The responsibility lies with the states; therefore, the requirements differ depending on the federal state.<\/p>\n

The unregulated case: crafts, technology, logistics<\/h3>\n

An electrician for energy and building technology, an HVAC mechanic, a car mechanic, a welder: These professions are not regulated at the company level. There is no professional license that someone would have to obtain, and therefore no recognition authority that would verify language proficiency.<\/p>\n

This leads to a result that surprises many businesses: The law does not require a certain level of language proficiency for the employment of a foreign craftsman.<\/b> No B2, no B1, nothing at all. Language requirements only arise through the chosen residence permit \u2013 and those are significantly lower, as the table below shows.<\/p>\n

Does that mean language doesn\u2019t matter? Of course not. Safety at work, customer contact and team coordination do not work without a common language, and for a professional who is to stay permanently, German is the foundation of everything. In practice, B1 has established itself as a sensible lower limit. The crucial point is this: This is your entrepreneurial decision, not a legal requirement. You can make it as it suits the situation.<\/p>\n

Formal recognition of the foreign qualification is also voluntary. It may be worthwhile because it facilitates professional classification and provides benefits for certain types of residence permits. It is not a requirement for employment.<\/p>\n

Where the bottleneck actually lies<\/h3>\n

The Federal Employment Agency<\/a> Every year, the BA examines around 1,200 occupational categories to determine whether there is a shortage. This is assessed using six indicators, including the vacancy rate, the occupational unemployment rate, and the wage development. For 2025, the BA identified 157 occupational categories with a shortage.<\/p>\n

The Competence Center for Talent Retention (KOFA)<\/a> At the Institute of German Business, at the same time, they calculate how many open positions are not calculable because there is no suitable unemployed person available with the required qualifications. The average annual vacancy in 2025 was 369,516 positions. Just over 61 percent of these were at the professional level, that is, people with completed vocational training \u2013 not academic graduates.<\/p>\n

The largest gaps in the annual average in 2025:<\/p>\n\n\n\n\n\n\n\n\n\n
Profession<\/b><\/th>\nNot computably solvable<\/b><\/th>\nShare of all open positions<\/b><\/th>\n<\/tr>\n<\/thead>\n
Electrical construction<\/td>\n16.270<\/td>\n75,6 %<\/td>\n<\/tr>\n
Elderly care<\/td>\n15.233<\/td>\n78,1 %<\/td>\n<\/tr>\n
Healthcare and nursing<\/td>\n13.390<\/td>\n67,1 %<\/td>\n<\/tr>\n
Automotive engineering<\/td>\n13.327<\/td>\n60,6 %<\/td>\n<\/tr>\n
Electrical operating technology<\/td>\n13.011<\/td>\n78,2 %<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The movement in freight transport is notable. There were around 25,120 vacancies for professional drivers nationwide, and the gap grew by 20.6 percent compared to the previous year \u2013 while it decreased by 24.1 percent across all professions nationwide. The same applies to welding and joining technology, refrigeration technology, civil engineering, and the operation of earthmoving machinery.<\/p>\n

An explanation that is rarely provided: The BA explicitly states that there is currently no general shortage of labor. In many professions, the supply exceeds demand significantly. The shortage is a problem specific to certain professions, not the labor market as a whole. Anyone who speaks in general terms of \u201ea shortage of skilled workers\u201c is refuted by their own source.<\/p>\n

The requirements in direct comparison<\/h3>\n\n\n\n\n\n\n\n\n\n\n
<\/th>\nNursing specialist<\/b><\/th>\nCraftsmanship, technology, logistics<\/b><\/th>\n<\/tr>\n<\/thead>\n
Regulated<\/td>\nYes<\/td>\nNo, at a social level<\/td>\n<\/tr>\n
Recognition of the degree<\/td>\nMandatory before starting work<\/td>\nVoluntary, no prerequisite<\/td>\n<\/tr>\n
Proof of language proficiency is required by law<\/td>\nYes, as a prerequisite for granting under \u00a7 2 No. 4 PflBG<\/td>\nNo, only about the residence permit<\/td>\n<\/tr>\n
Level of practice<\/td>\nB2, determined by the state authorities<\/td>\nB1 as an operational decision<\/td>\n<\/tr>\n
Recruitment from abroad<\/td>\nFor states of WHO list<\/a> only through the BA, \u00a7 38 of the BeschV<\/td>\nNo comparable restriction<\/td>\n<\/tr>\n
Start of employment<\/td>\nAfter completion of recognition and proof of language proficiency<\/td>\nDepending on the procedure, already upon entry<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The recruitment line deserves an explanation because it is overlooked in practice. According to Section 38 of the Employment Ordinance (Besch\u00e4ftigungsverordnung)<\/a> Recruitment and placement in the countries listed in the annex to this regulation for health and care professions may only be carried out by the Federal Employment Agency. The basis is the Code of Conduct of the World Health Organization, which protects countries with particularly strained staffing levels. Violations are punishable by a fine. This provision does not apply to electrical, plumbing, automotive, construction, and logistics.<\/p>\n

What language skills the law actually requires<\/h3>\n

It is not the profession that determines the level of language skills; it is the path through which the professional arrives in Germany.<\/p>\n\n\n\n\n\n\n\n\n\n\n
Gone<\/b><\/th>\nLanguage level<\/b><\/th>\n<\/tr>\n<\/thead>\n
Section 24a of the BeschV \u2013 Professional drivers<\/a><\/td>\nNo legal requirement<\/td>\n<\/tr>\n
Section 26, paragraph 2 of the BeschV \u2013 West Balkan regulation<\/a><\/td>\nNo legal requirement<\/td>\n<\/tr>\n
\u00a7 6 BeschV \u2013 Professionals with professional experience<\/a><\/td>\nThe employer decides<\/td>\n<\/tr>\n
\u00a7 20a AufenthG \u2013 Opportunity card<\/a><\/td>\nA1<\/td>\n<\/tr>\n
Section 16d, paragraph 3 of the AufenthG \u2013 Partnership of recognition<\/a><\/td>\nA2<\/td>\n<\/tr>\n
Regulated health professions<\/td>\nB2 according to the administrative practice of the L\u00e4nder<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Therefore, anyone who brings B1 is above the requirements of the law in each of the five cases mentioned above.<\/p>\n

The paths to employment<\/h3>\n

Which path is the right one depends on the profession, the country of origin, and the degree. The five most important ones are:<\/p>\n

    \n
  1. \u00a7 24a BeschV \u2013 Professional drivers.<\/b> Paragraph 1 applies to drivers who already have a driver's license and basic qualifications. Paragraph 2 is the more interesting case: it allows entry even if both are obtained in Germany first. Among other requirements, the employment contract must be binding for participation in the necessary measures and there must be a concrete offer of employment for the period thereafter. The timeframe is 15 months and can be extended by up to six months in justified cases.<\/li>\n<\/ol>\n
      \n
    1. Section 26, paragraph 2 of the BeschV \u2013 West Balkan regulation.<\/b> Citizens of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia can be granted permission to work in any occupation, even without formal qualifications. The BA conducts a preliminary assessment in this regard. The initial approval requires that the application for the residence permit be submitted to the competent German diplomatic mission in one of these countries. The number of approvals is limited by law; the quota for 2025 has already been exhausted in December.<\/li>\n<\/ol>\n
        \n
      1. Section 16d, paragraph 3 of the AufenthG \u2013 recognition partnership.<\/b> For professionals with a degree recognized by the government in their home country of at least two years\u2019 duration. The employer and the professional agree contractually to conduct the recognition process after the arrival. Employment begins immediately; the recognition process runs concurrently. German language skills at level A2 are required.<\/li>\n<\/ol>\n
          \n
        1. Section 19c, paragraph 2 of the AufenthG<\/a> in conjunction with \u00a7 6 of the BeschV.<\/b> For experienced professionals in non-regulated professions whose qualifications are recognized in the home country and who have at least two years of relevant professional experience. Recognition in Germany is not required. A minimum salary threshold applies, and more on that later.<\/li>\n<\/ol>\n
            \n
          1. \u00a7 18a AufenthG<\/a>.<\/b> The classic path for professionals with a recognized degree. There is no salary threshold; however, the recognition process must be completed beforehand.<\/li>\n<\/ol>\n

            Two stumbling blocks that will cost money<\/h3>\n

            The salary threshold under \u00a7 6 of the BeschV.<\/b> This path is often advertised as the easiest because it does not require any recognition. However, it has one condition that rarely appears in advertisements: The salary must usually reach at least 45.3 percent of the annual contribution threshold in the general pension insurance. For 2026, that is 45,934.20 euros per year, or 3,827.85 euros gross per month.<\/p>\n

            What does this mean in concrete terms? According to the median wage, it is Unpaid unemployment benefits from the Federal Employment Agency<\/a> In building electrical work, it costs around 3,765 euros per month, and in automotive engineering it costs around 3,588 euros per month. In both trades, therefore, a professionally paid worker with a median salary falls short of this threshold. If your business is subject to collective bargaining agreements and you pay according to collective agreements as a qualified professional, the threshold may be crossed. Otherwise, the path leads through \u00a7 18a AufenthG or through the recognition partnership, both of which do not have a salary threshold.<\/p>\n

            The age limit is 45 years.<\/b> The Employment Ordinance attaches the initial approval of the Federal Employment Agency in the cases of \u00a7\u00a7 6, 22a, 24a and 26 paragraph 2 to an additional condition: if employment is taken up after the completion of the 45th year of life, the salary must reach at least 55 percent of the annual contribution threshold, unless the professional can prove an adequate retirement pension.<\/p>\n

            This rule is not absolute, and this is often misrepresented. Aside from the prerequisites, there may be a public economic or labour market policy interest in employment, particularly at the regional level. The case in which the salary threshold is only slightly exceeded or the age limit is only slightly exceeded is also explicitly mentioned. In the cases of \u00a7 26 paragraph 2, this exception is narrower.<\/p>\n

            Five misconceptions that prevent settings<\/h3>\n