Skilled Labour Immigration Act
The Skilled Labour Immigration Act (FEG) is the central legislation for the immigration of skilled workers from third countries. When hiring international employees, there are regulations that are different from those for German employees.
The law came into force on 1 March 2020 and highlights the opportunities for recruiting skilled workers from abroad. Since 1 November 2023, there have been amendments to the FEG, which will continue to be successively expanded in 2024 and facilitate the immigration of skilled workers and people with practical professional knowledge. You can find an overview of the changes to the Skilled Immigration Act on the federal government's "Recognition in Germany" platform, for example.
Here we answer the most frequently asked questions (FAQ) about the Skilled Immigration Act and show you the individual steps that an international skilled worker goes through when immigrating - from their place of origin to your company. Find out more about the accelerated skilled labour procedure - a way of shortening the immigration process.
Do you have individual questions or would you like support during the process? We offer you a personal counselling service by phone, email, video or in person! We will work out your next steps with you and inform you about suitable contact points in Münsterland. Our service is free of charge and your enquiries will be treated confidentially.
Your contact person
Monika Leiking© Münsterland e.V./Anja Tiwisina
Birgit Stübing-Beunink© Münsterland e.V./Anja Tiwisina
Who does the Skilled Labour Immigration Act apply to?
People from abroad can only enter Germany to work under certain conditions. As a sovereign state, Germany determines which people from which countries are allowed to enter, stay and work in Germany - this decision is not the responsibility of employers. The Skilled Labour Immigration Act enables employers to employ skilled workers from abroad - especially skilled workers from third countries.
© Münsterland e.V.Germany is part of the European Union (EU) and the European Economic Area (EEA). Skilled workers from the EU or EFTA states (Iceland, Liechtenstein, Norway and Switzerland) are subject to freedom of movement. This means that if your skilled worker comes from one of these countries, they generally only need a valid identity card or passport to be allowed to enter Germany and work. You can find more information on this under EU freedom of movement.
The situation is different for people from third countries, i.e. all countries that do not belong to the EU or EFTA states. The Skilled Labour Immigration Act has made it possible for people from third countries to enter and work in Germany. However, this authorisation is tied to the issue of a residence permit.
What entry and work opportunities do skilled workers from third countries have?
With regard to work opportunities for people from third countries, a distinction must first be made as to whether the work is to be taken up in a regulated or non-regulated profession. The Profi-Filter can be used to find out whether an occupation is regulated in Germany or not.
There are currently four entry routes for taking up employment in a non-regulated occupation under the Skilled Immigration Act. Further options for immigration will follow from June.
An overview of the entry options:
A) Entry for qualified employment as a recognised skilled worker
B) Entry to complete a qualification measure
C) Entry for recognition procedures and qualified employment (recognition partnership)
D) Entry for qualified employees with a foreign qualification and professional experience
The project Unternehmen Berufsanerkennung has summarised these routes in a flyer. You can see an excerpt with an overview of the immigration routes here:
© Münsterland e.V.What are my next steps?
© Münsterland e.V.The "Make it in Germany" quick check shows you the specific steps for your individual starting situation: From the search and recruitment to the integration of skilled workers and trainees living abroad.
As an employer, take advantage of the accelerated skilled labour procedure!
Here, employers themselves take over the process instead of the skilled worker and reach an agreement with the responsible immigration authority. This gives the responsible authorities shorter deadlines for processing applications and speeds up the entire process. In return, the skilled worker transfers the authorisation to initiate the accelerated skilled worker procedure to you. The prerequisites are the existence of a concrete job offer for qualified employment and the international skilled worker must already have the professional qualifications to carry out this employment. You will receive all the necessary documents from your international skilled worker. The contact and application centre in NRW for the accelerated skilled worker procedure is the Cologne government. You can find all further information at the Federal Employment Agency: Accelerated skilled labour procedure
What obligations do employers have?
As an employer, I am not permitted to employ skilled workers from third countries in Germany who do not have a valid residence permit(AufenthG Section 4a (5)). When recruiting a skilled worker from abroad, you must have the relevant residence permit presented to you and be able to prove this to the authorities (obligation to provide documentation to the employer). This applies not only at the time when the skilled worker starts working for you, but permanently. Residence permits are usually linked to a specific purpose of stay and are limited in time - Therefore, always check whether your skilled worker's residence permit is still valid or needs to be renewed.
Notification obligation in the event of premature termination of employment: If your skilled worker's employment ends prematurely, you must inform the immigration authority within four weeks of becoming aware of this.
You can find all further information on employer obligations on the "Make it in Germany" website.
© Münsterland e.V.Talk to your specialist about extending their residence permit in good time! You will not receive any warning or information from the office that your residence permit is about to expire. The immigration authorities may have longer waiting times when processing applications. If the residence title has already expired or the extension is delayed, your specialist may be able to have a fictitious certificate issued to prove the existence of a temporary right of residence.
What FEG contact points are there in Münsterland?
Take advantage of the counselling opportunities for you as an employer!
© Münsterland e.V./Christoph SteinwegCentral contact points for questions about the FEG in Münsterland:
- Federal Employment Agency (counselling service by telephone)
- Coesfeld and Borken district employer counselling service (counselling service by phone, video and in person at your company)
- North Westphalia Chamber of Industry and Commerce (IHK Nord Westfalen)
- Münster Chamber of Crafts (HWK Münster)
Immigration authorities
The Foreigners' Registration Office is the first port of call for people entering Germany. It is responsible for issuing a residence permit. All information on residence permits and their renewal, current applications or visas can be found at the immigration authorities of the cities and districts:
© Münsterland e.V./Anja TiwisinaWe support you in the process!
We are happy to support you in clarifying your individual questions!
We offer you a personal counselling service by phone, email, video or in person! Let's work out your next steps together so that you can get in touch with the relevant organisation in a well-informed manner. Our service is free of charge for you and your enquiries will be treated confidentially.
Your contact person
Link-Tips Skilled Labour Immigration Act
© Münsterland e.V.- Make it in Germany: A Federal Government portal for the employment of skilled workers from abroad
- KOFA: Competence centre for securing skilled labour
- BQ-Portal: Information portal on professional recognition, primarily with information for employers
- Recognition in Germany: Information portal of the Federal Government on the recognition of foreign professional qualifications
- Unternehmen Berufsanerkennung: A project focussing on the topic of recognition from a company perspective
Our website is not official information from the Federal Government or any other public authority. You can therefore not rely on it when contacting German authorities.
If we are unable to provide you with sufficient information through our service, we will act as a guide and direct you to our official and administrative partners in the region. In doing so, we ensure that you are well informed and can get in touch with the office responsible for you. Our service is free of charge for you and your enquiries will be treated confidentially.
