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When is a job “qualified”?
When does employment constitute "qualified employment" and why is it important? All the answers!
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what " skilled employment " is
what role the criterion of "qualified" employment plays
everything about qualified training
Proof of qualifications
1. Skilled workers and qualified employment
2. When is skilled employment required?
3. Exceptions to qualified employment
4. Difference to qualified training
5. FAQ Helper work visa
6. Conclusion Helper activity visa
3. Exceptions to qualified employment
However, certain work visas can also be applied for even if there is no qualified employment . The legislature has therefore created special regulations regarding employment requirements. Section 19c Paragraph 1 of the Residence Act stipulates that foreign nationals may be admitted to "one employment" if the Employment Ordinance so stipulates. This wording makes it clear that this only requires "one" and not "qualified" employment.
1. Skilled workers and qualified employment
Skilled workers can apply for a work permit for most types of employment in Germany. However, the law stipulates that skilled workers are generally only permitted to work in "qualified" employment (see, for example, the wording of Sections 18a and 18b of the Residence Act). The idea behind this is that Germany only benefits from immigration into specialized and highly sought-after skilled professions . Entry to work in unskilled jobs, on the other hand, only helps Germany in certain areas. As a rule, skilled workers with vocational training (Section 18a of the Residence Act) or academic training (Section 18b of the Residence Act) must therefore provide evidence of an employment contract for a qualified activity. The criterion of qualified activity is also incorporated into the Blue Card through the so-called"qualification connection."
The law defines qualified employment according to Section 2 Paragraph 12b of the Residence Act as employment that requires skills, knowledge, and abilities acquired through a degree program or qualified vocational training . This criterion excludes unskilled or purely supportive activities (e.g., in the construction industry, the catering sector, or industrial manufacturing). However, there are exceptions to this rule (see below).
4. Difference to qualified training
Qualified employment should not be confused with qualified training . Qualified vocational training exists when it is vocational training in a state-recognized or similarly regulated training occupation, for which a training period of at least two years is stipulated under federal or state law (see Section 2 Paragraph 12a of the Residence Act ). The types of qualified training available can be found in the "List of Recognized Training Occupations" of the Federal Institute for Vocational Education and Training (BIBB) .
The key difference is that training provides access to skilled employment, but employment itself requires the actual application of the acquired knowledge in everyday professional life. There is therefore a significant systematic difference between skilled "employment" and skilled "training," which should be considered when applying for a work visa.
5. FAQ Helper work visa
What is the difference between qualified employment (§§ 18a, 18b AufenthG), qualified training (§ 2 para. 12a AufenthG) and the qualification context (§ 18g AufenthG)?
Qualified employment describes the content of the activity. Qualified training describes the scope of the training. The qualification context describes the connection between qualified training and qualified employment.
Can I get a work visa if I work as a helper?
Generally, no, as assistant work is not considered qualified. However, there are exceptions in sectors such as agriculture or the catering industry within the framework of special programs. Section 26 of the Employment Ordinance (Best Friends and Western Balkans) is also generally possible with assistant work. However, you cannot apply for a skilled worker title such as Section 18a or Section 18b of the Residence Act with assistant work.
What documents do I need to prove qualified employment?
Typically, a recognized certificate of training or study qualification, an employment contract, and a detailed job description are required. The job description and the employment relationship declaration, in particular, clearly indicate whether the position is qualified.
6. Conclusion Helper activity visa
Qualified employment is the key to a successful application for a work visa as a skilled worker in Germany. Anyone seeking employment in a field that is not considered qualified must expect to be rejected. It is therefore important for skilled workers to ensure in advance that the employment contract, job description, and qualifications clearly align with each other. Legal advice can help correctly classify the requirements and optimally prepare the application.
2. When is skilled employment required?
In practice, proof of skilled employment plays a particularly important role in the job description . If the job description is submitted as an appendix to the Employment Relationship Declaration (ECB) , care should be taken to emphasize that it is a skilled employment. Skilled employment is particularly required if a work visa is being applied for under the Skilled Immigration Act.
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Further Information
List of Sources (Paywall)
[1] Timmermann/Uznanski/Mävers/Klaus, Employment of foreign workers, 2nd edition 2025
[3] Administrative instructions for residence in Berlin (VAB), as of 18.02.2025, § 18
Proof of skilled employment is a key criterion, particularly under labor migration law. Employers must generally outline the requirements of the position and document that it matches the applicant's educational or academic level. This is the only way the relevant authorities can assess the suitability of the job for a work visa. Otherwise, the visa application may be rejected because the job is not classified as skilled.
Most provisions of the Employment Ordinance (BeschV) therefore require a work permit for auxiliary activities. According to the BeschV, the following activities, in particular, can be performed as auxiliary activities:
- Short-term quota-based employment pursuant to Section 15d of the Employment Ordinance (BeschV ) (especially seasonal work)
- Nursing assistants according to Section 22a BeschV
- Actor and artist visa according to §§ 22, 25 BeschV
The Employment Ordinance provides for many other exceptions , which cannot all be listed here. However, it should be noted that some professions have their own qualification requirements (e.g., for secondments pursuant to Section 29 (5) of the Employment Ordinance).