Civil servant; application for recognition of a foreign qualification

The profession of "civil servant" is regulated in Bavaria, as certain qualifications are regularly required. This means that the foreign professional qualification must be recognized by the competent authority.

Recognition can be granted for a professional qualification obtained in a member state of the European Union (EU) or in another state party to the Agreement on the European Economic Area (EEA) or in Switzerland that corresponds to a qualification for a specialist career.

Special regulations apply to the recognition of a foreign teaching qualification (see "Teaching at public schools; applying for recognition of a foreign teaching qualification" under "Related topics").

The recognition of professional qualifications acquired in another member state as qualifications for a specialist career is carried out in accordance with Art. 41 to 51 of the Leistungslaufbahngesetz (LlbG).

Appeal or administrative court action. However, it is recommended to clarify the disputed issues with the competent authority before lodging an appeal.

The application for recognition must be submitted to the competent authority. The competent authority is generally the highest civil service authority in whose area of responsibility the establishment of a civil servant relationship is sought. In the case of local authorities, the supreme service authority is replaced by the State Ministry of the Interior, for Sport and Integration, and in the case of other authorities subject to state supervision, institutions with legal capacity and foundations under public law, by the supervisory authority (Art. 44 Para. 1 Leistungslaufbahngesetz). The competent authority may also transfer responsibility for recognition to the state personnel committee. Which supreme service authorities have made use of this and to what extent can be viewed on the homepage of the state personnel committee at https://www.lpa.bayern.de/lpa/qualifikation/zustaendigkeiten/.

The competent authority determines whether the qualification certificate can be assigned to a specialist career path or a specialist focus. A comparison is made between the preliminary and training requirements for a specialist career path and specialist focus in the corresponding qualification level and the submitted evidence of the professional qualification acquired.

If there is a deficit

• because the previous training in terms of professional activity relates to subjects that differ significantly from those prescribed in the Free State of Bavaria,
• or because the professional career path or the professional focus enables the exercise of a more extensive field of activity than the regulated profession in the member state of the applicant in which the qualification certificate was acquired and the training required in the Free State of Bavaria relates to subjects that differ significantly from those covered by the qualification certificates submitted by the applicant,

a compensatory measure may be required.

If a compensation measure is imposed, the applicant generally has the choice between an aptitude test and an adaptation period.

• The aptitude test is a state examination relating to professional knowledge, skills and competencies, which assesses the potential to perform the tasks of the desired specialist career path or the desired specialist focus.
• The purpose of the adaptation period is to acquire the qualifications missing in the comparison between the existing and required training. During the adaptation period, tasks of the desired career path or the desired professional focus are carried out.

In the case of entry at the third or fourth qualification level in a specialist career path or in a specialist focus whose practice requires a precise knowledge of German law and in which advice or assistance with regard to German law is an essential and constant part of the professional practice, there is no option with regard to the compensation measure. In this case, an aptitude test must be successfully passed.

Upon successful completion of the recognition procedure, the qualification for a specialist career path - and, if formed, for a specialist focus - is acquired.

The competent body confirms receipt of the application within one month and, if necessary, informs the applicant which documents need to be supplemented. If the documents are complete, the decision must be made within four months.

The recognition procedure may involve costs.

Recognition does not constitute an entitlement to employment.

• Required Documents:
  • Proof of nationality of a Member State
  • Proof of qualifications
  • Certificates or documents issued by the country of origin or the country from which the foreign national comes confirming that the person concerned has not committed any criminal offence, serious professional misconduct or other circumstances which might call into question his or her suitability
    (These documents must not be more than three months old when they are presented).
  • Proof of the occupation to which the qualification entitles the holder in the home country or country of origin.
  • certificate attesting to the nature and duration of the activities pursued in a Member State in the field covered by the qualification after it was acquired
  • evidence of the content and duration of the studies and training received, in the form of study regulations, examination regulations, record of studies or any other appropriate means; the evidence must indicate the requirements which led to the award of the qualification
  • a statement of the type of work in the public administration which is envisaged on the basis of the qualification