Everything was perfect: the trainee was to be employed after successful training, he was offered alimentation, accommodation, a car and even prospects for employment and accommodation for his family.
The only problem was that the trainee was still in his home country.
Normally, the trainee would first have to apply for a visa at the German embassy abroad before entering Germany. The visa procedure - as it turns out again and again! - is time-consuming and exhausting.
Now it happened, as it happens - unfortunately - more and more often! The German embassy blockaded, refused to issue visas and it was almost impossible to book appointments.
Sangong Law Firm has therefore carried out a so-called accelerated skilled worker procedure for the trainee.
What is the accelerated procedure for skilled workers according to Section 81a (1) of the German Residence Act (AufenthG)?
The accelerated procedure for skilled workers in accordance with Section 81a (1) of the German Residence Act (AufenthG) offers the possibility - as the name suggests - of accelerating the procedure.
It is a product of the Skilled Workers Immigration Act (Fachkräfteeinwanderungsgesetz) and is intended to respond to the urgent need for skilled workers from third countries.
After all - the legislator has also recognized this - a lack of skilled workers will not be remedied by slow and complicated procedures.
How is the accelerated procedure for skilled workers structured?
Section 81a of the Residence Act provides that future employers can submit an application for the accelerated procedure for skilled workers to the designated Foreigners authority (Ausländerbehörde) in case of a concrete job offer and with the foreigner's power of attorney, and can thus actively support the procedure in advance from the Federal Republic of Germany.
However, this also requires a visa procedure to be carried out in advance.
In contrast to the "normal" procedure, the Foreigners authority, and not the relevant German embassy, deals with the case in advance and, among other things, obtains the prior approval of the Federal Employment Agency (Bundesagentur für Arbeit). The Foreigners authority thus acts as a mediator between the employer and the German embassy or the Federal Employment Agency.
In the event of success, the Foreigners authority issues a so-called preliminary approval for the issuance of the visa, which anticipates the examination of the German embassy accordingly and thus "accelerates" the procedure.
The basis for the procedure is an agreement that the employer concludes with the Foreigners authority.
But unlike the regular procedure, however, all the authorities involved are bound by tight deadlines, which in turn speeds up the procedure substantially.
For example, once the preliminary approval has been granted according to the law, the foreigner receives an appointment to file an application at the embassy within three weeks. The appointment is booked by the German embassy itself. The decision of the embassy must also be made within three weeks of the application being filed.
Can the accelerated procedure for skilled workers be applied for any purpose of residence?
Unfortunately, no! This already follows from the wording "skilled worker". The accelerated procedure is only applicable to the purposes of residence according to Sections 16a (vocational training/company-based further training), 16d (implementation of measures for the recognition of foreign professional qualifications), 18a (employment as a skilled worker with vocational training), 18b (employment as a skilled worker with academic training) and 18c paragraph 3 AufenthG (employment as a highly qualified skilled worker with academic training).
In addition, however, the accelerated skilled worker procedure is also to apply to executive employees beyond the wording of the law.
What is the disadvantage?
Initially there is none, except that in addition to the visa fee at the German embassy, a fee for the accelerated skilled worker procedure in the amount of EUR 411.00 is incurred by the Foreigners authority.
Nevertheless, the verification of the training or employment requirements, which the Federal Employment Agency carries out after being requested to do so by the Foreigners authority, should not be left exclusively to the latter. The numerous experiences that Sangong Law Firm has gathered in this area show that even if this verification takes place within the administration and there is initially no possibility of external influence, it is still necessary to influence the examination in order to convince the Federal Employment Agency to give its consent, especially in cases of doubt.
The accelerated procedure for skilled workers in accordance with Section 81a of the Residence Act is an appropriate instrument for specifically addressing the lack of skilled workers in Germany. It is accessible to all skilled workers or those who are to become such, including, for example, specialty cooks.
It should be noted that, although the procedure is actually accelerated once the Foreigners authority has given its prior approval, there are in fact no simplifications in terms of content.
This is because the same requirements and proof obligations apply as in the "normal" procedure. However, the examination is concentrated on one authority - the Foreigners authority.
Attention: The accelerated procedure for skilled workers also includes the family reunification of spouses and unmarried minor children whose visa applications are filed in chronological connection!
If you have any questions on this or on the subject of immigration of skilled workers in general, please contact us. Sangong Law Firm will advise you on all issues related to the accelerated skilled worker procedure. Sangong Law Firm will also be happy to assist you with your visa application under the accelerated skilled worker procedure. General experience has shown that legal assistance significantly increases the chances of success of a visa application under the accelerated skilled worker procedure.
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