Deficit notice
Deficit notice according to Section 16d Paragraph 1: Information from the lawyer on qualification measures in Germany
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Here you learn ...
what a deficit notice is
how to apply for the deficit notice
How to apply for a residence permit with the deficit notice
whether and how you are allowed to work under Section 16d of the Residence Act
Table of contents
1. What is a deficit notice?
2. Requirements for a deficit notice
3. Residence permit based on a deficit notice
4. Working during the deficit measure
5. FAQ Deficit Notice
6. Conclusion of the deficit notice
1. What is a deficit notice?
The deficiency notice pursuant to Section 16d of the Residence Act is a central component of the recognition process for foreign professional qualifications in Germany. It is issued by the competent authority if it is determined that a foreign qualification differs significantly from the corresponding German qualification. The notice specifically specifies which qualification measures are necessary to compensate for these deficits.
The Professional Qualification Assessment Act (BQFG) forms the legal basis for the equivalence assessment. It distinguishes between regulated professions (e.g., healthcare professions) and non-regulated professions (e.g., many skilled trades). A deficiency assessment is issued if the responsible authority specifies specific educational measures that can be used to compensate for existing differences.
A deficiency notice is not a rejection, but rather a guide to the successful recognition of the qualification. It enables foreign skilled workers to specifically catch up on the missing content – for example, through an adaptation course or an aptitude test. It thus forms the basis for a residence permit under Section 16d of the Residence Act, which allows legal residence in Germany to pursue these measures. Upon completion of the qualification measure, the foreign national in question is a skilled worker within the meaning of Sections 18 ff. of the Residence Act .
2. Requirements for a deficit notice
The issuance of a deficiency notice requires a formal recognition procedure in Germany. This is carried out by the recognition authorities (which vary depending on the federal state) (see, for example , the equivalence determinations of training in nursing and healthcare professions in North Rhine-Westphalia ). This process examines whether the professional qualification acquired abroad is equivalent to the corresponding German reference qualification. Significant differences—for example, in training content or duration—lead to the issuance of a deficiency notice if these differences cannot be compensated for by other evidence.
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The prerequisite for the recognition process is proof of training from abroad and the intention to take up a job related to the profession in Germany. This intention must be credibly demonstrated, for example, by a job offer or application documents. In many cases, the authorities require an employment contract .
It is also important that the applicant demonstrates sufficient German language skills for the residency. A language level of at least A2 is generally required. In nursing, B1 is often necessary. If further language acquisition is part of the qualification program, a lower level may be sufficient in exceptional cases. Furthermore, the program must be suitable to effectively compensate for the identified qualification deficit.
3. Residence permit based on a deficit notice
If a deficiency notice is issued, a residence permit or visa can be applied for under Section 16d of the Residence Act. This permit allows the applicant to stay in Germany and complete the qualification measures specified in the notice. These include language courses, adaptation courses, in-company training, or preparatory measures for knowledge or aptitude tests.
The residence permit is usually initially granted for up to 24 months . It can be extended for up to 12 additional months under certain conditions—for example, if exams were not passed on the first attempt or waiting periods delay the application process. The period of validity can also be extended if the qualification measures are interrupted (e.g., due to pregnancy). The maximum total duration of the residence permit is 36 months.
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Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
4. Working during the deficit measure
During the period of residence with a deficit assessment, part-time employment is permitted – but only for up to 20 hours per week . This temporary activity serves to partially finance one's living expenses while not jeopardizing the qualification program. The working hours must be aligned with the requirements of the training program.
The possibility of parallel employment is intended to facilitate integration and provide foreign skilled workers with a certain degree of economic independence. At the same time, the limitation ensures that the focus remains on the recognition process. Self-employment is expressly prohibited during this period.
The residence permit under Section 16d of the Residence Act with a deficit notice is a pioneering instrument for managing skilled immigration. It creates a clear legal framework for people with foreign professional qualifications who want to establish a permanent foothold in Germany – an important building block for a sustainable and qualification-oriented immigration policy.
5. FAQ Deficit Notice
What is a deficit notice?
A deficiency notice is an official decision within the framework of the recognition process for foreign professional qualifications in Germany. It is issued when the foreign qualification shows significant differences from the German reference qualification. The notice lists the qualification measures necessary to compensate for these deficiencies.
Who issues the deficit notice?
The relevant recognition bodies of the federal states are responsible – for example, for healthcare professions, the state authorities or professional associations. The legal basis is the Professional Qualifications Assessment Act (BQFG).
What language skills are required?
As a rule, language level A2 is sufficient. Certain professions, such as nursing, often require B1. If language acquisition is part of the program, a lower level may be acceptable.
Am I allowed to work during the qualification program?
Yes, employment of up to 20 hours per week is permitted. However, self-employment is not permitted. The activity must not jeopardize the qualification program.
What happens after the measure is completed?
After successful completion, you will be considered a recognized skilled worker and can apply for a residence permit in accordance with Sections 18 ff. of the Residence Act to work in your profession in Germany.
6. Conclusion
The deficiency notice is a central element of the German recognition process for foreign professional qualifications. It does not constitute a rejection, but rather specifically points the way to recognition by indicating which qualification measures are necessary. This opens up the possibility for foreign skilled workers to obtain a residence permit and specifically compensate for their deficits. Prerequisites are a formal application for recognition, proof of training from abroad, and a serious intention to work in Germany in the desired profession. Language skills and a suitable qualification measure are also crucial. With the deficiency notice, a residence permit can then be applied for in accordance with Section 16d of the Residence Act, which legally secures qualification measures in Germany.
