Nov 29, 20235 min
Germany, its employers and economy is missing hundreds of thousand of workers in the IT, technology, medical, contractor and logistics sector to name just a few.
This however Germany is looking forward to tackle with their new Skilled Immigration Act, which was passed in the summer of 2023. It aims at lowering the requirements (bureaucratic & financially) for employers employing international skilled workers and employees who aim at working & living in Germany.
The Skilled Immigration will be enacted in three stages. The first of these three stages will get in effect in November 2023, followed by the second stage in March 2024 and the third in June 2024.
Each stage has his own agenda an changes to make the process of immigration and employment in Germany easier.
In implementing the requirements of Directive (EU) 2021/1883, the German legislator has restructured and widened the migration possibilities with an EU Blue Card:
The two central legal bases for residence permits for skilled workers with a vocational training qualification (Section 18a of the Residence Act [AufenthG]) and skilled workers holding a university degree (Section 18b of the Residence Act [AufenthG]) will be amended in two respects:
First, applicants will now be entitled to a residence permit if all requirements are met.
Second, the restriction that individuals may only work on the basis of the skills acquired with the professional qualification will be removed. In other words, if applicants have a vocational qualification or a university degree, they are not restricted to jobs related to that qualification when looking for employment. There are exceptions for regulated professions.
In the “Work visa for qualified professionals” section, you can learn about what concrete requirements are set in place in order to receive this visa or residence title.
The granting of approval by the Federal Employment Agency for employing professional drivers from third countries is to be simplified. As a result, it will no longer be checked whether the applicant has the required EU or EEA driving licence and the initial qualification or accelerated initial qualification. In addition, the priority check will be abolished and language skills will no longer be a requirement.
You can find further information on the regulations for professional drivers from abroad in the “Special regulations for professional drivers” subsection of the “Visa” section as well as on our website for employers in the “Professional drivers from third countries” section.
The scope relating to residence for participating in qualification measures in Germany is being extended. The previous 18-month residence permit for the purpose of completing adaptation measures (Section 16d para. 1 of the Residence Act [AufenthG]) will now be granted for 24 months when issued for the first time. It will be possible to extend the permit for a further 12 months, up to a maximum residence period of three years. This amendment will give employers greater flexibility.
The possibility of secondary employment during the qualification measure will be increased from 10 to 20 hours per week. This will make it easier for prospective skilled workers to find their way into the labour market.
The purpose of undergoing qualification measures in Germany is for applicants to receive full recognition of their foreign qualifications. The new Skilled Immigration Act introduces two new access routes for this purpose:
The changes to the law will introduce a new possibility for short-term employment of third-country nationals, regardless of their qualifications. As soon as the Federal Employment Agency (BA) sets a demand-oriented quota – which can also be differentiated for certain economic sectors or occupational groups – interested employers can apply for a work permit or approval for a residence title for foreign workers. This will be granted if the following applies:
The employer is bound by collective agreements and the workers are employed in accordance with the applicable collectively agreed terms and conditions of employment;
The employer undertakes to pay the necessary travel expenses in full;
The planned employment does not exceed eight months within a 12-month period; and
The working week is at least 30 hours.
An opportunity card is to be introduced to enable jobseekers to stay in Germany to look for employment. This card can be obtained in two ways: Third-country nationals who receive full recognition of their foreign qualifications and are therefore considered “skilled workers” under Section 18 para. 3 of the Residence Act (AufenthG) can obtain an opportunity card without any further special requirements. All other applicants must provide evidence of a foreign university degree, a vocational qualification of at least two years’ duration (in each case recognised by the state in the country of training) or a vocational qualification issued by a German Chamber of Commerce Abroad. In addition, a basic knowledge of German (level A1 CEFR) or English (level B2 CEFR) is required.
If these requirements are met, points are awarded for criteria such as recognition of qualifications in Germany, language skills, professional experience, age, links to Germany, and the potential of accompanying partners or spouses. Applicants must score a minimum of six points to receive an opportunity card.
Opportunity cards are issued for a maximum of one year, provided that the holder is able to support themselves for that period. It allows the holder to do work trials or take up secondary employment for a maximum of 20 hours per week during their stay in Germany. If an applicant is subsequently unable to obtain another residence title for employment purposes under Part 4 (Sections 18 to 21 of the Residence Act [AufenthG]) but nevertheless has an offer of qualified employment, the opportunity card can be extended for a further two years.
The Western Balkans regulation gives nationals of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia access to the labour market in Germany for any type of employment in non-regulated occupations. The scheme was originally set to expire at the end of 2023. The Regulation on the Further Development of Skilled Immigration will extend the Western Balkans Regulation indefinitely. From June 2024, the quota will be 50,000 approvals per year issued by the Federal Employment Agency.
For more information visit the website of the German Government - The Skilled Immigration Act or get in contact with us.
Part of the information in this article are intellectual property of make-it-in-germany.com a part of the Federal Ministry for Economic Affairs and Climate Action. For legal correctness this parts have not been changed.