Around one in eight health workers in Germany comes from abroad. Despite this, there is still a shortage of skilled workers in all areas of healthcare in Germany. To counteract this shortage, the legislature revised the Skilled Immigration Act in 2023, focusing on the immigration of skilled healthcare workers. The revisions have been gradually coming into force since November 2023.
To provide our clients with the support they need in the application process for residence and work permits, the German law firm Schlun & Elseven Rechtsanwälte offers skilled and comprehensive legal assistance. Regardless of whether you have questions regarding residence and work permits, social security aspects or other legal concerns – our team is at your side with its extensive expertise and experience. For employers, we also provide proof to the relevant authorities that your employees have a work permit and advise you on all issues relating to the special features that arise when employing foreign skilled workers. As a multidisciplinary law firm, we support employers and employees in their dealings with residence authorities, the German Federal Employment Agency and all other matters relating to German residence and corporate law.
The Skilled Immigration Act – What Requirements you Need to Fulfil
Regarding the requirements to be fulfilled, it is essential to differentiate between healthcare workers from other EU countries and non-EU countries. Immigration is generally regulated by various intergovernmental agreements, meaning the requirements can vary greatly. In addition to the revised regulations of the Skilled Immigration Act, the ‘Triple Win’ and the Western Balkans regulations are particularly relevant.
The basic requirements are language skills of level B2 in the German language as well as an assessment of the equivalence of the qualification obtained or a deficit compensation in the event of non-equivalence. The relatively high language proficiency requirements ensure that healthcare workers can communicate with each other and patients without restriction. This ensures that no language-related errors occur, even in hectic or emotionally demanding situations. Furthermore, health suitability and the presentation of a police clearance certificate (certificate of good conduct) or comparable document from the country of origin are required.
Healthcare Professionals from other EU Countries
Healthcare professionals from EU member states benefit considerably from the free movement of labour throughout the EU. Therefore, they do not require a residence or work permit. However, their professional qualifications must first be checked and recognised. There is an exception to this for certain professions, so automatic recognition occurs in the cases specified by law, and the person concerned may work in Germany without any further intermediate official steps.
Healthcare Professionals from Third Countries
Stricter and more extensive regulations apply to healthcare workers from non-EU countries. They require a residence permit that also allows them to work (work permit). In addition, the approval of the German Federal Employment Agency is usually needed. Healthcare workers from third countries may come to Germany
- to work in the nursing profession they have learnt,
- to have their nursing qualifications and training recognised in Germany or
- to complete a training programme in the healthcare profession.
With the amendments to the Skilled Immigration Act, obtaining a work permit without formal vocational training but with relevant professional experience is possible. The EU Blue Card has also been amended. This offers highly qualified people, from outside of the European Union, EU-wide freedom of movement and permanent work opportunities. This makes it an attractive residence permit for highly qualified employees for managers in the healthcare sector. Those who have not yet found a job can immigrate to Germany and look for suitable positions locally. With the new opportunity card (Chancenkarte), Germany has introduced a residence permit for job-seeking purposes.
Proof of Fulfilment of Requirements and Recognition of Foreign Qualifications
The required proof of the necessary qualifications must be submitted to the competent recognition authority in the federal state in Germany where you wish to work. The certificates must be notarised and translated, whereby the costs incurred are to be borne by the person submitting them. Our lawyers will help you compile the necessary documents and complete the application process. We coordinate notarisation and translation for you and take care of the communication with the authorities.
Recruiting Foreign Healthcare Staff – What You Can Do as an Employer to Speed up the Immigration of Your Skilled Workers
A unique feature of the healthcare professions is that, under certain conditions, a guaranteed employment contract can be sufficient to issue a residence permit without needing full proof of qualifications. This requires compliance with special procedures and regulations: Employers can use the fast-track procedure for skilled workers (Section 81a of the German Residence Act, AufenthG) to facilitate entry and residence permits for their future foreign healthcare workers.
An employer can coordinate with the German authorities to speed up the recognition of qualifications and the granting of a residence permit. As a rule, foreign healthcare workers must have their qualifications acquired abroad recognised in Germany. A temporary residence permit can be issued during the recognition procedure, enabling the healthcare worker to work in Germany. An employment contract supports the process of recognising the qualifications and can convince the authorities to grant a temporary residence permit. The relevant training or qualification can then be completed in Germany.
In many cases, it is therefore advisable for employers and employees to reach agreements before the employee arrives in Germany. This also includes supporting the employer to obtain the necessary documents and carry out the recognition procedure. The employer can even cover the costs of translations, notarisation and, if required, the recognition procedure to simplify and speed up the process for the employee.
Although a guaranteed employment contract is a central component for granting a residence permit, the recognition of qualifications remains an essential step in the immigration process for healthcare workers in Germany. Employing foreign (healthcare) professionals in Germany requires several bureaucratic steps. Working with our German employment law practice group guarantees you an expert review and drafting of employment contracts to meet the legal residence requirements and requirements of the immigration authorities and the Federal Employment Agency in Germany right from the start.
Practice Group: Our German Immigration Lawyers
Practice Group:
Our German Immigration Lawyers
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