Working in Germany - new opportunities for non-EU nationals from 2020.

Poland's record low unemployment for many years has led to the fact that professionals and skilled workers are hard to find in many industries. Shortages in the so-called "core workforce" are also increasingly noticeable. This is because many of our compatriots have left "for bread" for the countries of Western Europe. It is therefore not surprising that, for almost five years, workers from the Ukraine and other non-EU countries have been systematically filling the Polish labour market. Unfortunately, it may not be long before they too leave Poland in search of financial happiness.

The job market in our neighbouring country has recently become particularly tempting. Working in Germany offers many new perspectives and tempting wages. They need skilled workers in many areas of the economy. That is why they have decided to make it possible for non-EU nationals to also work from 1 March 2020. I have already written about the possibility of employing foreigners from third countries >>here<<. Today, however, on the eve of the opening of the labour market, more is known about the conditions that a Ukrainian or Belarusian citizen must meet in order to be able to live and work legally in Germany. And that is what this article is about.

Working in Germany - conditions

The German labour market will not 'absorb' all willing workers. Not all third-country nationals will be able to go to Germany for work. Certain conditions must be met.

Foreigners who have acquired their professional qualifications outside Germany in third countries may obtain a job corresponding to their professional qualifications in a recognised or comparable profession if:

• the body responsible for the recognition of professional qualifications in accordance with the regulations of the federal or state governments established the equivalence of the professional qualifications with national professional qualifications and when,
• The Federal Employment Agency for the respective profession or relevant occupational group has determined, taking into account the specific characteristics and economic needs of the respective German region, that it is possible to fill vacancies with foreign candidates (Positivliste).

German employers are obliged to offer potential employees from outside Germany employment conditions equivalent to those offered to German employees.

Positivliste - Work in Germany

Among the desired qualifications on the Positivliste will be occupations in industries such as:

• Horticulture - professional development of horticulture and landscaping, tree nursery, education in ornamental plants, fruit and vegetable growing;
• masonry/earthworks industry (building materials, ready-mixed concrete, plasterboard, lime sand bricks or aerated concrete, asphalt technology);
• furniture, kitchen and removal services;
• wood technology;
• Specialist in metal technology - metal forming and wire technology;
• butchery;
• Construction- bricklayers, roofers, engineering workers, civil engineering specialists, tile workers;
• road workers, track construction;
• heating, ventilation and air-conditioning technology, plumbing;
• IT industry - developer of IT solutions;
• transport-professional driver;
• health services: nurses, doctors.

The sought-after professions indicated above are only a subset of the professions on the positive list. The full list can be found at the link below: https://www.arbeitsagentur.de/datei/dok_ba015465.pdf. The list of occupations is in German.

Working in Germany - recognition of acquired qualifications/upgrading of training

Once it has been verified that a learned profession has been qualified on the Positivliste, it is necessary to ensure that the relevant German authorities verify and accept the professional achievements. This is the purpose of thee recognition of professional qualifications. This is because it shows a potential employer to what extent a foreigner's professional qualifications are comparable to a vocational diploma obtained in Germany.

What does recognition of qualifications 'give'?

Above all, with the recognition of foreign professional qualifications, you will be able to increase your chances of getting a good job. Recognition foreign professional qualifications means legal equivalence with comparable German professional qualifications. It should be noted that in some so-called regulated professions, full recognition of qualifications professional qualifications is a statutory requirement and this applies, for example, to doctors, teachers or educators. When applying for employment of non-EU citizens, recognition of professional qualifications is compulsory.

Necessary documents for working in Germany

In the first instance, and this should be considered intuitive, professional qualifications must be adequately documented, e.g. with relevant school, course or certificate certificates. It is also necessary to fill in a form containing application for recognition of professional qualifications and accompanying the application:

• a copy of an identity document (passport or identity card; alternatively, a document indicating a change of name, e.g. 'passport or identity card'). marriage certificate),
• statements of the applications submitted to date and CV.

Application for recognition of professional qualifications can be filed without being in Germany. I would also like to point out that depending on the profession, additional documents may be required for the application. This applies in particular to regulated professions in the area of public health (e.g. a doctor) or Security (e.g. architect or engineer).

In addition, in professions where there is contact with children and young people or people with disabilities, personal aptitude must be demonstrated (e.g. teacher or educator). Usually, the following documents and certificates are required for these professions:

• confirming health predispositions - usually it is a current medical certificate, which must be no more than 3 months old.
• confirmation of personal suitability/reliability– this could be, for example certificate of clean criminal record, an extract from the criminal record or an equivalent document from the your country of origin. These documents should not be older than 3 months.
• proof of adequate professional liability insurance- Professional liability insurance with a specified sum insured is often required.

NOTE: In most cases it will be necessary to prepare documents in German. It is advisable to obtain a sworn translation by a translator publicly appointed or sworn in Germany or in another country. However, before the translation is sent, the the competent authorityin what form the translation should be submitted and who can produce it. Sometimes the following are accepted only translations made in Germany. We can assist you in determining the correct form of documents.

Proof of knowledge of the German language

In the case of many regulated professions you must have German language skills at a certain level. The required language level is based on the so-called 'Common European Framework of Reference for Languages'. Mode confirmation of the required language level varies from profession to profession and sometimes from state to state. Some competent authorities accept certain language certificates already acquired by a foreigner. It may also be the case that an additional or alternative language test has to be taken. Due to the different ways of proving your knowledge of German, we recommend that you ask in advance at the competent authority.

Where should the application be submitted?

The application must be submitted to the competent authority. So where? Competent authorities are the authorities and other institutions that process applications and decide on the recognition of professional qualifications in Germany as part of the recognition procedure. In the Germany has a total of around 1,500 competent authorities for the recognition of professional qualifications. These include, for example, chambers of industry and commerce, chambers of crafts and doctors, district courts, ministries and authorities. It is therefore necessary to first determine the competent authority for our profession in terms of the subject matter and then in terms of the locality, which is related to the place where you intend to work. Determining the authority to which you should apply can therefore be a daunting task, which is why we offer our support in quickly and, above all, correctly identifying the appropriate entity.

Electronic way

Alternatively, you can also use the online route by submitting a application for recognition of professional qualifications. This can be done through what is known as a 'one-stop shop'. single point of contact (EA). You will find further information in this regard at the following link:

https://www.bmwi.de/Redaktion/EN/Artikel/SME-Sector/points-of-single-contact.html

There are undeniable advantages to using a contact point. First and foremost EA provide assistance with the application recognition and will forward the documents to the competent authority. Competent authority will then carry out recognition of qualifications. This is a free service.

However, very importantly, in some states with EA use and electronically submit their certificates can only persons with of the European Union, the European Economic Area and Switzerland. EA is then not available in the state for people with third countries. It is therefore advisable to find out whether you can apply through this route in your federal state before doing so. In addition, I would like to emphasise - and this is also pointed out repeatedly - that most of the employees at the authorities in Germany only speak German.

Working in Germany as an alternative to recognition of qualifications

If the procedure for recognition of your qualifications is unsuccessful, this does not yet mean that you will not be able to work in Germany. After all, there are many alternative routes you can take.

In the first instance, if you already have some work experience or have completed vocational trainingwhich is not recognised in Germany, you can have it supplement and, as a result, obtain the original German professional diploma.

Another possibility is retraining themselves or completion of courses in-service training. In the case of retraining, the duration of the training is usually reduced and it is more theoretical. Improving you can, however, with sufficient professional experience or a university degree. Improving concludes with an examination, after passing which you will receive the appropriate German diploma of professional development. To professional diplomas includes, for example championship title w crafts. But they are also specialists, economists and many more professional diplomas in various areas of the economy.

Another opportunity to work in Germany is setting up your own business. Of course, this requires a great deal of deterrmination and courage, but it is now often the solution chosen by foreigners. This is because you can run your own business without recognitions, e.g. as a freelancer.

Visa - Working in Germany

Once you have checked the Positivliste and made sure that your profession is on it, and you have passed the recognition procedure, there is nothing left for you to do but apply for a visa to Germany. A necessary condition for applying for a visa, however, is that your future German employer commits to employing you once you are in Germany. You can find out more about the visa procedure at the German embassy here in Poland.

It is worth noting that, in order to meet the needs of non-EU workers, Germany has also made provision for visas to complete professional qualifications and to look for work. A good command of the German language is also not necessary in all cases. Each case is individual and requires an analysis of both the documents in possession of the foreigner's professional qualifications and the authority which will be entitled to recognise these qualifications. The place of future settlement in Germany is also important.

Summary

I hope that you have found this article not only interesting, but above all helpful. Should you have any questions or concerns, please do not hesitate to contact me.