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Germany has recently passed a significant immigration law aimed at attracting skilled foreign workers to address the country’s labor shortage. The legislation, which received strong support from the governing coalition, introduces various measures to streamline the immigration process and make it more accessible for qualified individuals.

Germany expands opportunities for highly skilled professionals from non-EU countries to work in the country. This act aims to attract qualified individuals with vocational, non-academic training, making it easier for them to migrate and contribute their expertise to Germany’s workforce. Below are the areas the reforms to the Skilled Immigration Act will take effect.

I. The Opportunity Card

Facilitating Job Search and Temporary Employment Under the new law, a provision called the “opportunity card” enables foreigners without a job to come to Germany for a year to seek employment. To be eligible for the card, individuals must possess a vocational qualification or university degree. Proficiency in German and/or English, existing ties to Germany, and the potential for accompanying life partners or spouses to join the labor market are also considered. The opportunity card allows casual work of up to 20 hours per week during the job search and includes provisions for probationary employment.

II. Simplified Recognition of Degrees and Professional Experience.

Skilled foreigners will no longer be required to have their degrees recognized in Germany if they can demonstrate at least two years of professional experience and hold a degree recognized by their country of origin. This change eliminates a significant barrier for qualified individuals, allowing them to move to Germany and start working while their degrees are still being recognized.

III. Enhancing the Immigration Process for Asylum Seekers and Tourist Visa Holders

The new law extends its benefits to individuals awaiting asylum approval, who submitted their applications by March 29, 2023, and possess appropriate qualifications and a job offer. Furthermore, immigrants in Germany on a tourist visa will no longer need to leave the country before returning to engage in employment.

IV. Addressing the Labor Shortage and Economic Implications

Germany has been grappling with a severe labor shortage, adversely affecting its industrial competitiveness and economic growth. The new immigration law aims to alleviate this problem by attracting skilled workers from abroad. Surveys indicate that over 50% of German companies are currently cutting output due to staffing difficulties, leading to significant economic losses. By streamlining the immigration process and welcoming qualified individuals, Germany seeks to mitigate these challenges and sustain its economic prosperity.

V. Criticisms and Future Reforms

While the new law has received broad support, it is not without its critics. Opposing parties argue that it may facilitate the entry of unqualified workers into the country. Nevertheless, the German government recognizes the need to attract well-qualified individuals to meet the demands of a changing labor market. Plans are also underway to reform citizenship laws to align with the changes introduced by the immigration law.

Impact of Germany Skilled Immigration Act

Expanded Definition of Qualified Professionals

The Skilled Immigration Act broadens the definition of qualified professionals eligible to work in Germany. It includes individuals who have completed qualified vocational training in Germany (typically lasting a minimum of two years) or obtained an equivalent vocational qualification recognized as comparable to German training. Professionals with higher education degrees that align with German standards are also considered qualified under this act.

Streamlined Access to the German Labor Market

Under the new act, qualified professionals seeking employment in Germany must possess an employment contract or a specific job offer and hold a recognized qualification in Germany. Notably, the Federal Employment Agency no longer conducts a priority check to determine the availability of German or EU applicants for the job, simplifying the entry into the labor market.

Expanded Employment Opportunities

The Skilled Immigration Act allows qualified professionals to work not only in their respective occupations but also in related fields. Professionals with academic degrees can explore job opportunities that do not necessarily require a tertiary education degree. Similarly, professionals with vocational qualifications are no longer limited to occupations facing a skills shortage but can work in any occupation covered by their qualification, excluding auxiliary and semi-skilled positions.

Coming to Germany to Seek a Job

The act grants professionals with vocational training qualifications the ability to come to Germany and search for job opportunities. They can obtain a six-month residence permit if their foreign qualification is recognized by the relevant German authority. During this period, professionals can work on a trial basis for up to 10 hours per week, allowing them and their potential employers to assess compatibility.

Residence Permits for Training and Skill Development

The Skilled Immigration Act improves opportunities for individuals to come to Germany for training purposes. Upon completion of a recognition procedure and meeting language proficiency requirements (usually at least level A2 according to CEFR), individuals can obtain an 18-month residence permit for training, which can be extended for at least six months, up to a maximum of two years.

Permanent Settlement Permit

Foreign qualified professionals now have the opportunity to receive a permanent settlement permit after four years of residing in Germany, reducing the previous requirement from five years. This change allows skilled professionals from around the world to establish long-term roots in the country.

Opportunities for Trainees and Students

The Skilled Immigration Act introduces new possibilities for trainees and students. Prospective students can come to Germany to find a place in higher education, while those interested in vocational training can also seek training opportunities in the country. Language proficiency and financial stability are among the prerequisites for eligibility.

Fast-Track Procedure for Employers

To expedite the hiring process, the act offers a fast-track procedure for skilled workers. Employers can initiate this procedure at the relevant Foreigners’ Registration Office, significantly reducing administrative processing times for visa issuance. Employers must provide necessary documents and obtain a power of attorney from the qualified professional to avail this streamlined process.

This fast-tracking procedure shorten the duration of the administrative procedure for the issuance of the visa significantly so, the employed foreign worker can resume work earlier.

Furthermore, this opportunity extends to include the spouse and minor, unmarried children of the qualified professional. If their visa applications are submitted together and they meet the necessary requirements for subsequent family immigration, they can benefit from this streamlined process. The Foreigners’ Registration Office charges a fee of €411.00 for the fast-track procedure, in addition to a separate €75.00 visa fee. It is important for applicants to also consider any applicable fees related to the recognition of their qualifications.

Conclusion

The Skilled Immigration Act in Germany represents a significant step forward in attracting and integrating qualified professionals from non-EU countries. By expanding employment opportunities, simplifying entry requirements, and providing clearer pathways to residency, the act aims to strengthen Germany’s workforce and bolster its position in the global economy.

Additionally, qualified professionals seeking to work in Germany should ensure their qualifications are recognized, possess the necessary German language skills, and familiarize themselves with the specific requirements outlined by the Skilled Immigration Act.