Innovations for foreign healthcare professionals. The Immigration of Specialists Act provides for accelerated procedures for approvals and recognitions from third countries in the future. The background to this is the accelerated procedure for skilled workers. Pharmacists, doctors, veterinarians, dentists and psychotherapists should also benefit from this procedure. Applications should be processed within two months of submission of the documents to be submitted.
Immigration of skilled workers law (Germany)
The background to this is the law on the immigration of skilled workers dated 15.08.2019. The law on the immigration of skilled workers will enter into force on 1 March 2020. The article law makes changes to existing laws. It mainly concerns the employment of third-country nationals in Germany. The amendments concern the Act on the Residence, Employment and Integration of Foreign Nationals in Germany (AufenthG), the Employment Ordinance (BeschV) and the Residence Ordinance (AufenthV). However, the amendments also affect numerous other laws and ordinances, including the licensing regulations.
Accelerated procedure for skilled workers
Pursuant to Section 81a (1) of the Residence Act, employers may apply to the competent foreigners authority for an accelerated procedure for skilled workers on behalf of the foreigner who wishes to enter the country for a purpose of residence in accordance with Sections 16a, 16d, 18a, 18b and 18c (3) of the Residence Act.
It should not only be the task of the competent foreigners authority to advise the employer on the procedure and the evidence to be submitted. It shall also initiate the procedure for determining the equivalence of the professional qualification acquired abroad or for the evaluation of the foreign higher education qualification by the competent authority with reference to the accelerated procedure for skilled workers.
The accelerated procedure for skilled workers may also be of interest to hospitals, MVZs and other healthcare institutions that wish to employ doctors from abroad.
However, you should not expect too much. Because the pitfalls are still lurking in the details. Already with the submission of the application numerous details are to be considered, which can delay the procedure unnecessarily. At best, they prepare themselves for the application, as the authorities request numerous documents, especially in the case of equivalence tests of specialists from third countries. Applicants should not expect their applications to be completed within two months.
Amendments to the licensing regulations
The Immigration of Specialists Act provides for changes in the approval procedures and regulations for pharmacists, doctors, veterinarians and dentists. The following are affected
- physicians: § 3 Abs. 2 and § 4 Abs. 7 BÄO as well as § 39 Abs. 5 ÄApprO
- Veterinarians: § 4 para. 3c BTÄO and § 63 para. 5 TAppV
- Pharmacists: § 4 Abs. 2 and § 5 Abs. 7 BApO as well as § 20 Abs. 5 AAppO
- Dentists: § 2 para. 2 and § 3 para. 3 ZHG and § 59 para. 5 ZÄPrO
- Psychotherapists: § 8 Para. 7 PsychThG and § 20b PsychTh-APrV
- Child and youth psychotherapists: § 8 Abs. 7 PsychThG and § 20b KJPsychTh-APrV.
In the Accelerated Specialist Procedure of the future § 81a Residence Act, the decision on the application for licensure shall then be made within two months after submission of the documents to be submitted. In all other respects, the law provides for three months.
The practical implementation is likely to be quite exciting due to the differences in medical training and the continuing need for an equivalence test.
Skilled workers from abroad
The Immigration of Specialists Act provides for corresponding changes for nurses, geriatric nurses, nursing professions, masseurs and physiotherapists as well as medical lifeguards, podiatrists, orthoptists, speech therapists, occupational therapists, pharmaceutical-technical assistants PTA, medical-technical assistants MTA, midwives, diet assistants and emergency paramedics.
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