Legal basis for the recognition of foreign professional qualifications
In Germany, the recognition of foreign professional qualifications is regulated by various laws, which can vary depending on the profession, sector and federal state. These regulations create transparency and standards to ensure that foreign qualifications are equivalent to German qualifications.
Important laws on recognition
1st Professional Qualifications Assessment Act (BQFG)
-This law is the central legal basis for the recognition of professional qualifications.
-It applies to non-regulated professions and to professions that are not regulated by specific professional laws.
-It enables applicants to apply for an equivalence assessment of their qualification.
2.Professional laws for regulated professions
-There are special regulations for regulated professions such as doctors, nurses, teachers and engineers, which are set out in Professional laws are defined, e.g:
-Nursing Act (KrPflG) for health and nursing professions.
-Engineering laws of the individual federal states.
-Licensing regulations for doctors and pharmacists.
3.EU Directive on professional qualifications (2005/36/EC)
-This directive regulates the recognition of professional qualifications within the EU and enables skilled workers from EU countries to work in Germany.
These regulations only apply to a limited extent to third-country nationals.
4.Crafts Code (HwO)
-The Crafts Code regulates the requirements for the recognition of qualifications for professions in the skilled crafts sector.
5.Residence Act (AufenthG)
-The Residence Act plays a role in the entry of skilled workers for the recognition of their qualifications, e.g. through the Skilled Immigration Act.
Difference between regulated and non-regulated professions
Regulated professions
These professions may only be practised if they are recognized by the state.
-Examples:
-Healthcare professions: Doctor, nurse, physiotherapist.
-Pedagogical professions: teachers, educators.
-Technical professions: Architect, engineer.
Non-regulated professions
These professions can be practiced without state recognition. However, recognition of the qualification can be helpful in improving career opportunities.
-Examples:
-professions in the IT sector.
-Marketing and sales.
-Art and culture.
Right to recognition
The Professional Qualifications Assessment Act (BQFG) gives all persons with a foreign professional qualification the Right to an equivalence assessmentregardless of their residence status.
-Any person can have their qualification checked to see if it is equivalent to a German qualification.
-The recognition bodies must make a written decision.
Obligations of the competent bodies
1.Information and advice
-The recognition bodies must inform applicants about the requirements, the procedure and the necessary documents.
2.Timely processing
-As a rule, applications must be submitted within three months be processed.
3.Written notification
-The decision on recognition must be made in writing and contain a justification.
Equivalence test
1.Examination of the training content
-It is checked whether the content of the qualifications acquired abroad is comparable with a German qualification.
2.Partial recognition
-If significant differences are identified, applicants can achieve equivalence through adaptation measures (e.g. further training or examinations).
3.Recognition notice
-The notification documents the result of the inspection and serves as proof for employers.
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