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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for exemption for persons from other EU/EEA countries and Switzerland for entry in the Register of Craftsmen

Description

The entry in the register of craftsmen is necessary if you want to operate a craft in Germany that requires approval.
This also applies if:

  • You wish to independently exercise a substantial part of a craft subject to licensing.
  • You want to practice several crafts subject to approval independently. In this case, you need to be entered in the register of craftsmen for each craft subject to approval.

Registration in the Register of Craftsmen is possible for:

  • natural or legal persons, and
  • partnerships with legal capacity.

In addition to the company, the management is recorded in the register of craftsmen. The management of a craft business must have the professional prerequisites (proof of qualification) for the exercise of the craft subject to licensing. Both owners of a craft business and salaried persons can be considered as managers. The proof of qualification can be provided via a master craftsman's certificate for the respective craft, but also an equivalent domestic or foreign professional qualification. For citizens of the EU, the EEA and Switzerland, there are special recognition regulations within the framework of a procedure for granting an exemption.

In principle, you can obtain the exemption by recognising your evidence of education and/or professional experience. The periods of professional experience to be proven may be shortened by proof of training in the craft trades.

Recognition of professional experience:
In the case of the recognition of professional experience, the exercise of at least essential activities of the trade over certain periods of time must be demonstrated. For example, at least six years of continuous full-time activity as a self-employed person or self-employed person or business manager within the last ten years may be sufficient. A recognition of practical professional experience is not considered if the exercise of an activity in a health trade (optician, audiologist, orthopaedic technician, orthopaedic shoemaker, dental technician) is sought.

Recognition of formal professional qualifications:
Recognition of formal professional qualifications documented by evidence of training or competence is possible for all craft occupations subject to licensing. The prerequisite is the acquisition of a corresponding qualification in an EU/EEA member state or Switzerland. In detail, the recognition regulations differentiate according to whether the profession or at least the training in the country of origin is also regulated or not. If the training content differs from those of the domestic reference qualification (master craftsman's certificate) or if the profession in the country of origin does not include essential activities that are the subject of the profession in Germany, participation in an adaptation period or passing an aptitude test may be considered at the applicant's discretion.

Note: Alternatively, professional qualifications can also be recognised on the basis of an equivalence assessment. This procedure is regulated in § 50c Handwerksordnung (HwO) and applies regardless of a nationality requirement and to all professional qualifications, regardless of where they were acquired.
 

The responsibility lies with the Chamber of Crafts (HWK), in whose district your future business premises are located.

  • You must be a national or a national of a member state of the European Union, the European Economic Area or Switzerland.
  • Recognition of professional experience:
    You must prove one of the following prerequisites for your professional experience, taking into account any training:
    • You have worked continuously for at least 6 years as a self-employed or self-employed person or as a business manager or manager. You have not terminated your activity more than 10 years before submitting your application.
    • You have worked continuously for at least 3 years as a self-employed or self-employed person or as a business manager or manager. You have previously completed at least three years of training in the trade.
    • You have worked continuously for at least 4 years as a self-employed person or self-employed person or as a business manager or manager. You have previously completed at least two years of training in the trade.
    • You have worked continuously for at least 3 years as a self-employed person and at least 5 years as an employee. You have not terminated the activity more than 10 years before the application.
    • You have held a managerial position in a company for at least 5 consecutive years. Of these 5 years, your activity for at least 3 years was characterized by technical tasks and responsibility for at least one department of the company. They have also completed at least three years of training in the trade.
  • Recognition of formal professional qualifications:
    Recognition of formal professional qualifications documented by evidence of training or competence is possible for all craft occupations subject to licensing. The prerequisite is the acquisition of a corresponding qualification in an EU/EEA member state or Switzerland. In detail, the recognition regulations differentiate according to whether the profession or at least the training in the country of origin is also regulated or not. If the training content differs from those of the domestic reference qualification (master craftsman's certificate) or if the profession in the country of origin does not include essential activities that are the subject of the profession in Germany, participation in an adaptation period or passing an aptitude test may be considered at the applicant's discretion.
  • Application for exemption for entry in the Register of Craftsmen
  • Proof of professional experience and/or educational qualifications
     

The specific fee can be found in the list of fees of the Chamber of Crafts, which is available on the Chamber's website.

You can only practise a craft subject to authorisation once you have been entered in the register of craftsmen. An exemption must therefore be granted at an early stage.

There are legal deadlines for the exemption procedure. For example, the competent authority must acknowledge receipt of the documents to applicants within one month, indicating whether any documents are missing. A decision on the application must be taken no later than three months after submission of the complete dossier. This period may be extended by one month if justified in the individual case, in particular by reason of the extent or the factual or legal difficulties of the case. If necessary, participation in an adaptation period or passing an aptitude test may be required.

Legal recourse is open against a rejection of the application for entry in the Register of Craftsmen. Depending on the federal state in which the application was made, a preliminary procedure must first be carried out. Information on the existing remedies can be found in the instructions on appeals in the notices.

If the professional qualification was obtained outside the EU, the European Economic Area or Switzerland, but has already been recognised in one of these countries and then the profession has been employed full-time for at least three years, you can also apply for an exemption to be entered in the Register of Craftsmen.

The text was automatically translated based on the German content.

The Senator for Economics, Labour and Europe of the Free Hanseatic City of Bremen

No authority found