How long does the Defizit­bescheid take?

2.Legal basis — Section 43(3) PflAPrV

The deadlines are set by the federal ordinance on training and examinations for the nursing professions — Pflegeberufe-Ausbildungs- und -Prüfungsverordnung (PflAPrV), Section 43(3). It applies equally in all 16 federal states. The content of the provision, in summary:

Points that matter for interpretation

• The two-month period in the accelerated procedure is worded as “should”, not “must”. It is a clear target, but not a guarantee.
• Under Section 40(4) of the Nursing Professions Act (Pflegeberufegesetz, PflBG), the general federal recognition act (BQFG) does not apply here, apart from its provision on statistics. The deadlines that count are therefore those in the PflAPrV, not those in the BQFG.
• If the authority asks for originals or certified copies because it doubts their authenticity, that request does not suspend the deadline under Section 43(3) (Section 43a(5) PflAPrV).

3.What a deficit notice is and what it must contain

When the authority finds substantial differences between the foreign and the German training, it issues a notice that can be appealed. In practice it is called a Defizitbescheid; officially, a Feststellungsbescheid. Under Section 43(4) PflAPrV the notice states:

• the level of qualification required in Germany and the level of the qualification submitted, under Article 11 of Directive 2005/36/EC;
• the subject areas or parts of the training in which substantial differences were found;
• an explanation of those differences and the reasons why they mean the applicant lacks the competences needed to practise the profession;
• the reasons why the differences have not been offset by professional experience or lifelong learning.

For qualifications obtained outside the EU, the EEA and Switzerland the authority may depart from the last two points, so the notice need not contain detailed reasons.

After the notice: knowledge test or adaptation course

• The applicant chooses between the knowledge test (Kenntnisprüfung) and the adaptation course (Anpassungslehrgang) — Section 40(3) PflBG.
• The knowledge test has an oral and a practical part and covers the content of the state final examination. It should be offered at least twice a year, and a failed part may be repeated once (Section 45 PflAPrV).
• The adaptation course lasts no more than three years and ends with an examination on its content. Its length and content are set by the competent authority (Section 44 PflAPrV).

4.Timeline — from application to decision

5.What happens in practice

Conclusion: the four-month statutory deadline applies everywhere, but in practice it is not always met. Part of the delay arises before the file is complete (missing translations, certifications, training records), and part from overloaded authorities. Applicants can influence the first part — which is why a complete file at the first submission matters most.

6.How to speed up the procedure

• Accelerated procedure for skilled workers (Section 81a AufenthG): started by the employer in Germany at the immigration office (Ausländerbehörde), for a fee of €411. The recognition decision should follow within two months and the Federal Employment Agency's approval within one week; three weeks each are normally allowed for the visa appointment and the visa decision. The chamber of industry and commerce (IHK) states that the whole procedure usually takes about four months.
• Waiving the equivalence assessment (Section 40(3a) PflBG): since the end of 2023 an applicant can definitively waive the document-based assessment and go straight to the knowledge test or the adaptation course. The waiver is final, professional experience is then not taken into account, and the authority must first explain the legal consequences and the options.
• A complete file from day one (Section 43a PflAPrV): a tabular overview of training and employment in German, proof of identity, the certificate of qualification and training records, evidence of professional experience and further training (if any), a declaration that no application has been made before, and proof of German language skills (if any). Qualification and experience documents must be submitted with a German translation by a publicly appointed or sworn translator.
• Intention to work in Germany (Section 43a(6) PflAPrV): the application must also show that the applicant intends to work in Germany — for example proof of contact with potential employers, or the note of a location consultation with the Central Service Point for Professional Recognition (ZSBA).
• Note for Berlin: telc certificates from Serbian language schools have not been accepted since 1 September 2022 (Berlin's official service portal).

7.If the authority misses the deadline

If the authority fails to decide within a reasonable time without sufficient reason, an action for failure to act (Untätigkeitsklage, Section 75 VwGO) is possible. As a rule it cannot be brought until 3 months have passed since the application. If the authority has a sufficient reason, the court stays the proceedings and sets it a deadline.

According to a decision of the Higher Administrative Court in Bautzen (OVG Bautzen, 14 February 2023, 3 E 2/23), a structural overload of the authority that was not countered in time with additional staff does not justify the delay. Before bringing an action it makes sense to remind the authority of the deadline in writing and to take legal advice.

8.Sources

The information on this page comes from these sources. The links lead to pages in German.

1. 1.Section 43 PflAPrV — general procedure, notices, deadlines (German)gesetze-im-internet.de
2. 2.Section 43a PflAPrV — required documents (German)gesetze-im-internet.de
3. 3.Section 44 PflAPrV — adaptation course (German)gesetze-im-internet.de
4. 4.Section 45 PflAPrV — knowledge test (German)gesetze-im-internet.de
5. 5.Section 40 PflBG — equivalence (subsection 3a: waiver; subsection 4: BQFG does not apply)gesetze-im-internet.de
6. 6.Section 41 PflBG — automatic recognition (EU, EEA, Switzerland)gesetze-im-internet.de
7. 7.Section 75 VwGO — action for failure to actgesetze-im-internet.de
8. 8.Service Berlin — recognition as Pflegefachfrau/Pflegefachmann, non-EU qualificationsservice.berlin.de
9. 9.Bezirksregierung Münster — ZAG-PuG, FAQbrms.nrw.de
10. 10.Regierungspräsidium Baden-Württemberg — FAQ on recognition in nursing (19 April 2024)rp.baden-wuerttemberg.de
11. 11.Lower Saxony — model agreement under Section 81a AufenthGmi.niedersachsen.de
12. 12.Bavaria — agreement under Section 81a AufenthGformularserver.bayern.de
13. 13.IHK Ostthüringen zu Gera — Das beschleunigte Fachkräfteverfahrenihk.de
14. 14.Make it in Germany — chart of the accelerated proceduremake-it-in-germany.com
15. 15.Nordkurier — LAGuS statement on processing time (2 June 2024)nordkurier.de
16. 16.Landtag of Baden-Württemberg, Drucksache 17/5090 (12 July 2023)landtag-bw.de
17. 17.Deutsches Ärzteblatt — Pflegekräfte warten monatelang auf Anerkennung (5 May 2025)aerzteblatt.de
18. 18.Abgeordnetenhaus Berlin, Drucksache 19/20385 (2024)pardok.parlament-berlin.de
19. 19.BIBB — BWP article on recognition in nursingbibb.de
20. 20.Statistik Niedersachsen — introduction of the waiver option (2024)statistik.niedersachsen.de
21. 21.Justiz NRW — Untätigkeitsklagejustiz.nrw
22. 22.WEKA — Folgen zu langer Antragsverfahren (OVG Bautzen)weka.de

Please note: This page is for information only and is not legal advice. The deadlines summarise current legislation and official pages as of 13 October 2026. Where a source is secondary (press, associations), this is stated. For a specific case, check the page of the competent authority in the federal state where the applicant plans to work.