Recognition of foreign professional qualifications

Demographic change is transforming our society and is already resulting in a shortage of experts in certain segments of the labour market. These include medical and educational professions, nursing, and so-called MINT professions. It is therefore essential that potential sources of skilled labour already on hand in Germany are utilized. Germany is also striving to become a more attractive location for trained professionals from abroad. In the future, it will be easier for individuals to obtain recognition for foreign professional qualifications. The corresponding "Law to improve the assessment and recognition of foreign professional qualifications," or so-called "Recognition Act," comes into effect on 1 April 2012.

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Many Germans and immigrants to Germany have acquired good professional qualifications and degrees in foreign countries, and such credentials are in great demand on the German labour market. Often these qualifications cannot be put to optimal use, however, because assessment procedures and standards have been lacking. The recognition of degrees and qualifications gained abroad has so far been governed by inadequate and non-standardized procedures.

The BMBF commissioned a special analysis of the Microcensus 2008 which claims that about 2.9 million people living in Germany with migrational backgrounds acquired their highest professional qualification abroad. The number of those who might seek recognition of these qualifications under the new law is estimated to be around 300,000. This estimate is largely based on the assumption that the unemployed and those who are overqualified for the posts they currently occupy will be very interested in applying for recognition.

The new Recognition Act

The new law will establish a nationally standardized system of assessing foreign professional qualifications in a way which can be easily understood by applicants as well as by employers and businesses.

The Recognition Act includes a new federal law, the so-called "Professional Qualifications Assessment Act" (Berufsqualifikationsfeststellungsgesetz - BQFG), as well as over 60 amendments to existing federal legislation regarding the recognition of qualifications in "regulated professions," such as academic and non-academic healthcare professionals and master craftsmen. The Länder have also announced plans to amend the legislation governing the professions under their jurisdiction (e.g. teachers, engineers, nursery school teachers) in order to improve the recognition procedure for these professions as well.

The Federal Government submitted the draft bill on 23 March 2011. The act was adopted by the German Bundestag on 29 September 2011 and approved by the Bundesrat on 4 November 2011, setting the course for the Recognition Act to enter into force on 1 April 2012. The provision within the Recognition Act that requires all applications to be granted a decision within three months of submission will come into effect on 1 December 2012, in accordance with Article 62 paragraph 2.

Advantages for migrants

Before now, only a very limited number of people who came to Germany with professional and vocational qualifications were entitled to apply for qualification recognition. The new federal law greatly extends the right to an assessment of qualifications gained abroad in professions under the jurisdiction of the Federal Government and seeks to establish a standardized and transparent procedure:

• The introduction of  legal claim to assessment procedures for the roughly 350 "non-regulated professions" (training occupations in crafts and trade as well as those in  Germany's "dual system," as outline in the Vocational Training Act) is a milestone in Germany's recognition practices. The new Professional Qualifications Assessment Act entitles citizens of EU member states and third-country nationals to apply for an individual equivalence review (previously reserved for repatriates only). In the future, questions regarding the equivalency of qualifications gained abroad in these professions will be assessed in a standardized procedure according to standardized criteria. As a result, there will be a high degree of transparency for applicants, employers, and relevant authorities.
• Until now, the practice of a wide range of professions as well as access to the necessary recognition procedures was only available to citizens of Germany or other EU member states. The Recognition Act does away with this restriction to a great extent. In most occupational fields, only the content and quality of the professional qualifications will play a decisive role, as opposed to factors such as citizenship or national origin. Once this law becomes effective, a physician from Turkey, for example, will be able to obtain a license to practice, providing he or she meets the professional requirements. This would not have been possible previously - even if the physician had studied in Germany.  

Equivalency procedure

The law will establish a well-balanced and practice-oriented procedure. The responsible authorities will review the equivalency of foreign professional qualifications on the basis of the equivalent professions in Germany. This will safeguard the high standard of German degrees and professional certificates.

An expedient process is also part of the intention. Decisions regarding equivalency must be made within three months following the submission of all necessary documentation.

In order to avoid creating additional bureaucracy, existing functional structures for the assessment of foreign qualifications will be utilized. This means that the chambers and governmental agencies responsible for the recognition procedures for EU citizens and repatriates will continue in that capacity under the new law.

Measures improving applicants' access to information will accompany the implementation of the new law. These include a telephone hotline, multilingual information materials, and a website with initial information, in addition to regional drop-in centres which will provide advice and assistance.

A first step towards standardization of recognition practices

The act will significantly help to improve previously non-uniform, and thus occasionally discriminatory, assessment practices. The Länder are responsible for the implementation of the law. They must therefore provide uniform implementation criteria to the enforcement agencies responsible for the concerned professional guilds. This will ensure that a review of identical qualifications does not differ from one federal state to the next.

To ensure uniform proceedings, The Professional Qualifications Assessment Act enables a relevant agency to conduct the recognition procedure for individuals, for example, in a specific profession or of a certain national background, in a single location. Once again, the Länder will be responsible for this task.