On 18 November 2023, significant changes will come into force as part of the “Act on the Further Development of Skilled Worker Immigration“. These innovations affect both employers and employees and are aimed at facilitating the immigration of skilled workers . In this article, we will present the most important changes.
9 Changes in the Law on Skilled Immigration
For a better overview, we have summarised the nine most important changes in the Skilled Immigration Act.
1st Amendment: Residence Permit for Employment
From now on, residence permits for employment will generally be issued for four years . In the case of fixed-term employment contracts, the contract is granted for the duration of the contract plus three months.
2nd amendment: Legal entitlement for recognised skilled workers
Recognised skilled workers with a university degree or completed vocational training receive an enforceable legal claim to residence and visa. They may be employed for any qualified employment that requires a course of study or vocational training. In future, the assessment of competence will be outsourced from the authorities to the employers.
3rd amendment: Facilitations for professional drivers
The employment of professional drivers is no longer subject to the examination of whether other employees are available. This obligation does not apply. The Federal Agency also no longer requires proof of the driver’s license. This examination is now the sole responsibility of the employer. This also applies to the assessment of whether language skills are sufficient for the acquisition of an EU driving licence.
4th amendment: EU permanent residence permit
An EU permanent residence permit must now also be issued if the employee has previously resided in another EU country for employment or study purposes. These periods are included in the 5-year period. A 5-year previous stay in Germany is therefore no longer a requirement. The permanent residence permit entitles the holder to take up residence in any EU country, provided that funding is secured.
5th amendment: Changes to the Blue Card
The gross income required for the Blue Card will be reduced from the current €58,400 to €43,800 (or from €45,552 to €39,683 for shortage occupations or recent university graduates with less than 3 years of professional experience). The catalogue of shortage occupations that already receive the Blue Card with a lower salary threshold has been significantly expanded. Note that there is an annual adjustment of salary limits.
Amendment 6: Blue Card for IT Specialists
IT specialists without a degree, but with comparable professional experience, will also be able to receive a Blue Card in the future. The salary limit is €39,683.
7th amendment: Changing jobs with the Blue Card
The change of job with a Blue Card must be reported to the Foreigners’ Registration Office, but it does not require a permit.
Amendment 8: Facilitating mobility in the EU
Mobility for Blue Card holders within the EU will be significantly facilitated, which will make it easy for employers to use it.
9th amendment: Blue card for graduates of tertiary education
From now on, graduates of tertiary education ( technical schools, technical academies and vocational academies outside universities) can also receive the Blue Card . However, foreign training must be checked for comparability by the Central Office for Foreign Education (ZAB). Likewise, beneficiaries of international protection now have the opportunity to obtain a Blue Card.
Conclusion
These changes to the Skilled Workers Immigration Act from 18.11.2023 offer both employers and skilled workers new opportunities and facilitations for immigration and employment in Germany. It is advisable to find out about the exact requirements and processes at an early stage in order to benefit optimally from these innovations.
Photo credit: sjharmon | istockphoto.com