Employment of professional drivers in Germany

Germany: Provision in the Employment Regulation opens up new possibilities for the employment of drivers from non-EU countries

In the course of the Skilled Worker Immigration Act, an opportunity was created in spring 2020 to employ professional drivers from third countries (non-EU states) in Germany. Up to now, this has hardly been legally and factually possible.

The newly introduced Section 24a of the Employment Regulation stipulates that holders of an EU or EEA driving licence can apply for a residence title for their work in Germany. This also applies to holders of a so-called initial qualification or accelerated initial qualification according to Directive 2003/59/EC.

Furthermore, the residence title can also be granted to employees who enter Germany for the purpose of obtaining one of the above-mentioned driving licences and qualifications. However, this only applies if proof is provided that they hold the driving licence relevant for employment as professional drivers in their country of origin. They then have the opportunity to acquire the necessary qualifications in 15 months. This period can be extended by up to 6 months in individual cases.

With the introduction of the new regulation, the possibility will be created for the first time to counter the shortage of professional drivers in Germany by employing non-EU citizens.

Source: § 24a Beschäftigungsverordnung § 24a Employment Regulation

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