People who come to Germany to work here often don’t have it easy. In addition to the new language and the foreign culture, bureaucracy in Germany is also a real challenge for many skilled workers. The fact is, however, that Germany needs skilled immigration to counteract the impending shortage of personnel.
A reform of the Skilled Immigration Act is intended to facilitate the immigration of foreign skilled workers to Germany. In this article, you will learn to what extent the immigration of skilled workers is facilitated and what hurdles arise from a legal point of view.
What is skilled worker immigration?
Business migration is about people coming to Germany from abroad to work here. Trained employees who work in industries that are understaffed in Germany are particularly in demand.
This is particularly noticeable in old people’s and nursing homes, hospitals and day-care centres (kindergartens). But workers are also urgently needed in the IT industry, in craft businesses and in the service industry.
Migration is a major issue in Germany – the immigration of skilled workers in particular has been occupying the economy for years. Qualified workers are desperately needed everywhere. In 2022, there were around 1.98 million vacancies, which is a record high.
For years, skilled workers have therefore been specifically recruited in their countries of origin. Through the Act on the Immigration of Skilled Workers (the so-called Skilled Workers Immigration Act), relief for immigrant skilled workers was therefore already decided in 2020.
Because the shortage of skilled workers in Germany continues to increase, a reform was launched in 2023 that provides for further relief.
When will the new Skilled Workers Immigration Act be introduced?
The Skilled Workers Immigration Act has been in place since 2020, which is intended to regulate and facilitate migration to Germany for skilled workers. The aim is to lower barriers to immigration and reduce bureaucracy.
- The Bundestag passed the reform on 23 June 2023
- On 7 July 2023, the Federal Council passed the Act on the Further Development of Skilled Worker Immigration
- Some regulations apply immediately, others will come into force in late autumn 2023 or at the end of the year
- The Ordinance on the Further Development of Skilled Immigration was adopted on 29 March 2023. It has not yet entered into force
- The Act on the Further Development of Skilled Worker Immigration will come into force on 18 November 2023.
What does the new Skilled Immigration Act regulate?
The reform of the Skilled Immigration Act will make the Western Balkans regulation permanent.
This means that from now on, people from countries such as Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia will be able to come to Germany without having to prove professional qualifications. In addition, twice as many, i.e. up to 500,000 people, from these 6 countries.
In addition, further facilitations have been introduced:
Qualification: Facilitation of recognised qualifications
Anyone who has a recognised qualification will be able to any skilled employment. With the so-called EU blue card , people with a recognised qualification can now come to Germany more easily.
The salary threshold will be lowered, professional experience will be reduced and proof of German language skills will no longer be required. This regulation applies in particular to IT specialists, who can now obtain an EU Blue Card even without a formal qualification. With a degree, any qualified activity can now be carried out.
In addition, there is no longer a limit to so-called shortage occupations. From now on, qualified specialists from all industries can apply for jobs in Germany, even without a so-called priority check.
Skilled workers with professional experience do not need a recognised qualification
People who can prove at least 2 years of professional experience may also be able to work as a skilled worker in Germany under certain circumstances. This means that the degree no longer has to be recognised by Germany.
However, there is a salary threshold: those who do not reach this must have their degree recognised in the future. This is intended to ensure that skilled workers also have prospects in Germany and that no exploitation takes place.
Potential: Immigration possible even without a secure job
For people who do not have a job prospect in Germany, but have potential for the labour market, there is a so-called “opportunity card”. This means that skilled workers can immigrate even without a secure job.
All important information about the opportunity card can be found here.
The potential is assessed using a point system consisting of:
- Qualification
- Professional Experience
- Knowledge of German and English
- Potential of (spouse) partners
- Age and
- Connection to Germany
In addition, it is now possible to pursue another job (maximum 10 hours per week) while looking for a job and to take up a trial job with a potential employer.
Why does Germany need skilled workers from abroad?
In Germany, as in many Western-influenced countries, there is demographic change.
With regard to Germany, this means that significantly fewer children have been born for many years (approx. 1.3 to 1.5 children per woman). As a result, there are fewer young people in Germany who can enter the labour market and “move up”.
At the same time, many people are retiring. If the baby boomer generation retires and receives a pension from the German state without enough young people paying into the pension system, the economy will suffer.
So Germany needs more people again to support the pension system through their work.
In addition, more and more young people are achieving a high school leaving certificate (general university entrance qualification, Abitur) and then studying. During this time, they are not available to the labour market. They also work more often in office jobs, which means that fewer and fewer social professions such as nursing or education are chosen.
In addition, globalization and digitization are creating innovative industries that are important for the German economy. However, there is often a lack of well-trained personnel here. Especially in the IT industry, Germany is therefore looking for specialized people who can help boost the economy in Germany.
How can skilled workers from abroad stay and work in Germany?
Skilled workers from abroad can apply specifically for professions in Germany. In return, German companies can specifically search for foreign skilled workers. Employers can also apply for an accelerated procedure for skilled workers (Section 81a of the Residence Act).
In order to enter Germany as a skilled worker, the following requirements must be met:
- A qualification recognised in Germany
- German language skills at least at B1 level
- No social benefits during the job search (there must be enough money available for care)
- Proof of livelihood with a blocked account
- Health insurance and proof of accommodation
- The work found here must secure one’s livelihood
- The work must be at least 35 hours per week
Exceptions apply in particular to IT specialists, but other exemptions can also apply.
We will be happy to check the applicable requirements in your individual case.
Family reunification is also possible. What is new is that not only partners and children are allowed to come to Germany, but also parents and parents-in-law. However, their livelihood must be secured, they are not entitled to social benefits.
Specialist lawyer for migration law and immigration law
Despite simplifications for international skilled workers and the plan to reduce bureaucracy, entering the labour market in Germany is still a challenge. There are many documents and applications that have to be completed on time. At the same time, there are many requirements and regulations that must be understood and met.
For someone who is just learning German and wants to build a new home in Germany, dealing with authorities and employers is often difficult.
An experienced lawyer can support you in all bureaucratic and legal steps, inform you about the legal situation and advise you individually on your concerns. Not only can you be sure you’re doing everything right, but you’ll also have more time to arrive in Germany.
Image Credits: Kiwar | heiko119 | pantermedia.net
