Skilled worker immigration to Germany - §§ 18a and 18b AufenthG

Germany needs qualified professionals. With the Skilled Immigration Act, the legislator has significantly facilitated immigration for foreign skilled workers. The central foundations are § 18a AufenthG (skilled workers with vocational training) and § 18b AufenthG (skilled workers with academic education).

Both routes enable qualified professionals from third countries to obtain a residence permit to take up employment matching their qualification. As an attorney specialising in immigration law, I guide professionals and employers through the procedure - from the recognition of the qualification to the issuance of the permit.

"The most common stumbling block is not the qualification itself, but its recognition in Germany. Those who address this step early and cleanly considerably speed up the entire procedure."

— Tom Beisel, Attorney

§ 18a vs. § 18b - the difference

Both provisions are aimed at skilled workers but differ in the type of qualification:

• →§ 18a AufenthG applies to skilled workers with qualified vocational training. A vocational qualification recognised in Germany or equivalent to a German one is required.
• →§ 18b AufenthG applies to skilled workers with academic education, that is, a recognised or comparable university degree.

An important advantage of the current law: skilled workers may generally carry out any qualified employment for which their qualification prepares them - not only the profession they originally trained for.

The key requirements

For a residence permit as a skilled worker, the following points essentially must be met:

1. Recognised qualification

The foreign vocational training or university degree must be recognised in Germany or assessed as equivalent. For regulated professions (such as in nursing or healthcare), a professional practice licence is additionally required.

2. Concrete job offer

There must be a concrete job offer from an employer in Germany that matches the skilled worker's qualification.

3. Approval by the Federal Employment Agency

In many cases, the approval of the Federal Employment Agency is required. It examines, in particular, the employment conditions.

⚠ Important: recognition is the key step. Without a recognised qualification or one assessed as equivalent, the application fails. The recognition procedure should therefore be initiated as early as possible, as it can take some time.

Accelerated skilled worker procedure

Employers can initiate an accelerated skilled worker procedure at the competent immigration authority. In this process, the employer, in coordination with the authority, handles the essential steps, which can considerably shorten the procedure. This route is particularly attractive for companies that want to recruit staff quickly.

The route to permanent residence

Skilled workers under §§ 18a and 18b AufenthG can also obtain a settlement permit after a certain time. The required duration depends on various factors, including German language skills and the length of contributions to the pension insurance. In certain situations, permanent residence is possible after just a few years.

How I support you

Whether you want to come to Germany as a skilled worker or recruit professionals as an employer - I guide the procedure:

• →Assessment of whether § 18a or § 18b is the right route
• →Support with the recognition procedure for your qualification
• →Preparation of the application and coordination with the immigration authority and the Federal Employment Agency
• →Advice on the accelerated skilled worker procedure
• →Representation in the event of rejection and delays

I advise in German, English and Russian and represent clients throughout Germany.

Frequently asked questions

What is the difference between § 18a and § 18b?

§ 18a applies to skilled workers with qualified vocational training, § 18b to skilled workers with an academic degree. Both enable residence for qualified employment but differ in the type of qualification required.

Does my foreign degree have to be recognised?

Yes. The recognition or the determination of equivalence of the foreign qualification is a central requirement. For regulated professions, a professional practice licence is added. This step should be initiated early.

May I only work in the profession I trained for?

Not necessarily. Under current law, skilled workers may generally carry out any qualified employment for which their qualification prepares them - this offers more flexibility than before.

What is the accelerated skilled worker procedure?

In this procedure, the employer, in coordination with the immigration authority, initiates a special, time-streamlined process. This can considerably speed up processing and is particularly interesting for companies that need staff quickly.

Can my family come with me?

Yes, family reunification is generally possible. Spouses and minor children can join under the general conditions.