Germany has been experiencing a severe shortage of skilled workers in numerous occupational fields for years. The sectors particularly affected include skilled trades, nursing and healthcare professions, the medical field, as well as educational professions such as teachers and early childhood educators. A logical solution lies in the targeted recruitment of professionals from abroad – there is, in principle, a large potential labor force available for this purpose. However, in practice, the employment of foreign professionals in the aforementioned fields often proves to be difficult: Many individuals with professional qualifications acquired abroad are not permitted to work directly in their trained profession in Germany. In numerous professions, employment is only possible after successful recognition of the foreign qualification.
When is the recognition of foreign professional qualifications required?
German legislation distinguishes between regulated and non-regulated professions. Regulated professions are legally protected in Germany – therefore, recognition of a professional qualification acquired abroad is mandatory in order to practice in such professions. These include healthcare and nursing professions as well as certain master craftsman trades.
The regulation of professional activities can take different forms. For unrestricted practice of academic healthcare professions, official licensing (Approbation) is mandatory. In certain professions – such as physiotherapist or speech therapist – the professional title is legally protected and may only be used if an official permit has been granted. For some commercial or self-employed activities, legally-required certificates of competence or expertise must be provided.
It is important to note that, in addition to regulated professions at the federal level, there are also professions regulated at the state (Länder) level – such as educators, engineers, social workers, or teachers. For these professions, the requirements for entry and conditions for practicing the profession can vary depending on the federal state.
In contrast, for non-regulated professions, recognition is not legally required. However, it can still be beneficial, as it serves as proof of professional qualification to potential employers and may improve job market opportunities. In addition, recognition may be necessary from an immigration law perspective in order to gain access to the German labor market in the first place.
The legal basis for recognition is the German Professional Qualifications Assessment Act (Berufsqualifikationsfeststellungsgesetz – BQFG). However, it has a subsidiary character: Specific professional laws at the federal level generally take precedence over the BQFG. For example, the German Nursing Professions Act applies to nursing professionals, or the German Dentistry Act to dentists.
Furthermore, the BQFG does not apply to recognition of professions regulated by state law, recognition of university degrees in non-regulated professions (e.g., mathematicians, economists), academic recognition of study and examination results achieved abroad or in connection with university admissions, or the recognition of school-leaving qualifications. Special regulations apply to each of these areas.
Recognition of foreign qualifications for professions under the responsibility of the federal states is governed by the state-level recognition laws.
What does recognition of a foreign professional qualification mean?
The recognition of a foreign professional qualification means that it is classified as legally equivalent to a corresponding German professional qualification. The recognition process can result in three different outcomes:
Full Recognition
The foreign professional qualification is recognized as fully equivalent to the German reference profession. There are no significant differences in terms of the content and duration of the training.
Partial Recognition
The foreign professional qualification has significant differences compared to the German reference qualification, so only partial equivalence is established. In this case, there are two options to achieve full recognition:
- Achieving an adaptation qualification that specifically addresses the existing deficits, or
- Completing a compensatory measure, such as an aptitude test or knowledge test.
No Recognition
The qualification is not recognized because the differences from the German reference qualification are substantial and cannot be remedied through compensatory measures.
Recognition procedures in practice
The recognition process must be initiated by submitting a formal application to the competent recognition authority.
Although there are profession-specific laws that regulate the recognition of foreign qualifications, in practice, the recognition process often proves to be a major obstacle when hiring international skilled workers. The core issue lies in the duration: Procedures often drag on for several months – in some cases, even years. The causes are complex and include both structural and administrative hurdles.
Each foreign qualification must be individually compared to a corresponding German reference qualification. Key factors in this comparison include the content and duration of the training, the amount of practical experience, and the type of examinations. The lack of standardization in global education systems makes this comparison even more difficult.
Another time-consuming factor is documentation. All documents must not only be complete but also officially translated and, if necessary, certified. Degrees from crisis regions are especially problematic due to the difficulty of verifying their authenticity. Follow-up questions and requests for additional evidence often significantly delay the process.
At the same time, there is often a lack of sufficient personnel to process applications promptly.
It is also worth noting that foreign professionals who are required to complete compensatory measures – such as an aptitude or knowledge test – need adequate preparation time. This is particularly important because they are typically allowed only a limited number of exam attempts.
Residence permit for the purpose of recognizing a foreign qualification
According to § 16d (1) of the German Residence Act (AufenthG), a foreign national may be granted a residence permit if they wish to participate in a qualification measure – including any subsequent examinations – for the purpose of having their foreign professional qualification recognized. This is conditional upon the responsible recognition authority having determined that compensatory or adaptation measures, or additional qualifications, are necessary either to establish equivalence with a corresponding German professional qualification or to obtain a license to practice a regulated profession in Germany. The residence permit is issued for up to 24 months and can be extended once for a maximum of 12 additional months, so that the total duration of stay does not exceed three years. During this period, foreign nationals are allowed to work up to 20 hours per week in employment not related to the qualification measure. If certain conditions are met, unlimited employment may also be permitted.
Since March 2024, there has also been the option to first obtain a residence permit to pursue qualified employment, and to carry out the recognition procedure only after entering Germany [§ 16d (3) AufenthG]. Unlike the standard provision mentioned above, this so-called Recognition Partnership does not require the recognition procedure to be initiated before entering Germany. Instead, the foreign skilled worker and the future employer commit to initiating the recognition process after arrival – or after the issuance of the residence title by the immigration authority – and to actively pursue it.
Within the framework of the Recognition Partnership, the employment must generally constitute qualified employment as defined in § 2 (12b) of the Residence Act. Exceptions to this are regulated in § 16d (3), sentence 2 (for employers bound by collective agreements) and sentence 3 (for care facilities).
This residence title requires inter alia a valid employment contract or a concrete job offer for qualified employment that will begin before the recognition of the qualification or issuance of the license to practice, a private agreement between the foreign skilled worker and the employer as part of the Recognition Partnership, and approval from the Federal Employment Agency.
Conclusion
The importance of foreign skilled workers to the German labor market has long been acknowledged in policy. As a result, both the recognition procedure and the issuance of residence permits for this purpose have been legally established. However, in practice, the procedure often proves to be too lengthy, bureaucratic, and not sufficiently oriented on the labor market. It does not adequately reflect the real needs of an economy that is urgently dependent on qualified personnel. To integrate international professionals more quickly and efficiently, clear political action is needed – through structural simplification, greater digitalization, and increased staffing of the relevant authorities.
