Standard and accelerated skilled worker procedures compared
Recruiting qualified skilled workers from third countries is of central importance for many companies in Germany. Under residence law, there are two main routes for entering Germany and taking up employment: the regular skilled worker procedure and the accelerated skilled worker procedure under Section 81a of the Residence Act (AufenthG). Both procedures lead to the issue of a national visa and subsequently a residence permit for employment in Germany, but they differ considerably in how they are carried out, how long they take and the roles of those involved.
The standard skilled worker procedure is the regular procedure for issuing a national visa for employment. Its legal basis is found in particular in Sections 18a and 18b AufenthG, which set out the requirements for skilled workers with vocational or academic qualifications. The visa is applied for by the foreign skilled worker personally at the competent German mission abroad. The mission forwards the procedure internally and, where required, obtains the approval of the competent immigration authority and of the Federal Employment Agency in accordance with Section 39 AufenthG.
The procedure can take several months, as there are no legally binding processing deadlines. The employer is not directly involved in this procedure but acts only as a contractual partner, for example by providing a signed employment contract or a job offer. The standard procedure is particularly suitable if there is no special urgency or if less administrative effort is desired.
In contrast, there is the accelerated skilled worker procedure under Section 81a AufenthG. It was introduced with the Skilled Immigration Act to make the immigration of qualified third-country nationals more efficient. Unlike in the regular procedure, the employer is the applicant here. The procedure is initiated at the competent immigration authority at the future place of employment in Germany. For this, the employer needs a written power of attorney from the skilled worker.
The immigration authority takes on a coordinating role and liaises with the other bodies involved, in particular the Federal Employment Agency, the body responsible for recognising foreign professional qualifications and the mission abroad. Once the review is complete, the immigration authority issues a so-called pre-approval, with which the skilled worker can then apply for the national visa at the German embassy. Under Section 81a(5) AufenthG, the embassy has three weeks to process the application after receipt of the complete documents.
The accelerated procedure is particularly suitable if employment is to start soon and the employer is willing to play an active part in the procedure. Central coordination and fixed deadlines can significantly reduce the overall duration of the procedure. In practice, the accelerated skilled worker procedure runs much more smoothly and efficiently if companies are supported by an experienced legal adviser or a specialised migration consultant.
Professional support ensures not only that all required documents are compiled completely (especially regarding the recognition of qualifications), but also structured communication with the competent authorities and the mission abroad. This helps to avoid delays and to clear up legal uncertainties at an early stage.
In summary, the regular skilled worker procedure is particularly suitable for cases in which there is no special urgency and the administrative effort for the employer is to be kept as low as possible. The accelerated procedure under Section 81a AufenthG, on the other hand, is designed for fast procedures and coordinated processes, but at the same time requires an active role of the employer and greater organisational effort.
The choice of procedure should therefore always be made in the light of the company’s urgency, its resources and the complexity of the individual case. For companies that regularly hire international skilled workers or need to meet an urgent need for staff, early legal support from experienced advisers specialising in residence law and labour migration is recommended. Professional handling of the procedure increases the chances of success and helps to ensure planning and legal certainty for everyone involved.