Does this regulation also apply to specialty chefs?
The experience of the first months after the law has been implemented has shown that this regulation can also be applied to foreigners who have otherwise moved in as specialty chefs.
However, it is a requirement that the foreigner has acquired an equivalent professional qualification abroad (equivalent to German education). This is the case if the education period is at least two years. Then the recognition must be done by an external entity. For cuisine chefs, this is the Chamber of Commerce and Industry Foreign Skills Approval / Industrie- und Handelskammer (IHK FOSA). It is important that not every education in China is recognized as a chef, since the training standards in the provinces can differ.
What else needs to be considered?
The Federal Employment Agency continues to be involved in the application process. However, approval can only be refused if the salary or the working conditions are not comparable to domestic workers.
The regulation represents a circumvention of the specialty cooking regulation in Section 11 Paragraph 2 BeschV (Employment Ordinance). The Residence Act regulates that the Employment Ordinance specifies more detailed requirements regarding employment. This is currently not the case (Bundestag printed paper 19/8285, page 108). For a change, a procedure of the Federal Ministry of Labor and Social Affairs with the approval of the Federal Council is required.
The regulation of Section 11 paragraph 2 BeschV will currently only be of importance for foreigners who come from regions in which the standard of training cannot be recognized or in which a corresponding training is basically not available and the chef has to prove six years of practical experience in his home country.
It can be assumed that the gap will be closed by supplementing the Employment Ordinance, otherwise the specialty cooking regulation will hardly be applicable anymore.
Specialty chefs in Germany should therefore quickly check whether the new regulation applies to them.
Sangong Law Firm supports foreign chefs in applying for a residence permit as a skilled worker and in the recognition of foreign vocational education.
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