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Immigration law is an area of law that applies to so-called migrants. This is the name given to people who wish to settle in another country.
Below you can find out which regulations apply to immigration to the Federal Republic of Germany, under which conditions you are granted asylum and what rights you have if you are threatened with deportation.
What does the new Skilled Immigration Act aim to achieve?
The new Skilled Immigration Act aims to increase the targeted immigration of qualified skilled workers from other countries. The aim is to bring skilled workers to Germany who are needed by companies here. This primarily concerns people with a university degree and people with qualified vocational training.
When does the new Skilled Immigration Act apply?
The Federal Cabinet passed the law on December 19, 2018. The parliamentary procedure and referral to the Bundesrat are now pending. The new law is expected to come into force six months after its promulgation, i.e. probably at the beginning of 2020.
What will change as a result of the Skilled Immigration Act?
These are the most important new features of the law:
- Skilled workers are both university graduates and employees who have completed qualified vocational training.
- If you have an employment contract and a recognized qualification, there is no longer a priority check.
- The restriction to shortage occupations in the case of qualified vocational training no longer applies.
- Anyone with a qualified vocational qualification can also come to Germany to look for work in accordance with the existing regulations for university graduates. This is limited in time. The prerequisites for this are both German language skills and the ability to earn a living.
- A certified foreign qualification allows you to stay in Germany for qualification measures. The aim is for the professional qualification to be recognized. The responsibilities for this are pooled at central immigration authorities. This will simplify and speed up the procedure for skilled workers
Who is considered a specialist by law?
As a foreign national from a third country, you must meet the following requirements for a skilled worker:
- You must have a qualified German vocational qualification or a foreign vocational qualification that is comparable to a qualified German vocational qualification.
- You must either have a German university degree, a recognized foreign university degree or a foreign university degree that is comparable to a German university degree.
Do unskilled or low-skilled workers also benefit from the Skilled Immigration Act?
No, only skilled workers benefit from the new law (see definition of skilled worker). Before entry, the recognition procedure checks whether the foreigner’s qualification is equivalent. An exception applies to IT specialists if they have at least five years of professional experience.
Another exception applies if the Federal Employment Agency checks the applicant’s level of knowledge (as part of placement agreements). The Federal Employment Agency can then determine qualification measures so that the qualification is recognized.
The priority check no longer applies. What does this mean?
Qualified applicants do not have to undergo a priority check, but this does not apply to access to vocational training. Before a skilled worker from a third country is employed, there is no need to check whether a European or domestic applicant is available.
The law also contains an authorization to issue ordinances. According to this, the priority check may be necessary again if the labor market situation changes. This may affect certain professions or certain regions.
What should be done to prevent people from moving into the social security system?
Anyone wishing to obtain a visa to look for a job or training or to work or be trained in Germany must provide evidence:
They must prove that they are able to secure their livelihood during their stay in Germany – including the livelihood of family members if they enter the country with them.