There is already a shortage of almost 2 million skilled workers in Germany today.
To change this, the federal government has reformed the regulations on the immigration of skilled workers and lowered the hurdles for immigration and job search in Germany.
The new law is intended to give qualified employees the opportunity to gain a foothold in the German labour market more quickly and easily.
An important part of the law is the so-called opportunity card. This is intended to provide transparent information about how good the chances are of integrating into the German labor market.
In this article, we will show you how this works and what options there are.
Would you like to come to Germany or are you already here? Starting over in a foreign country is always a challenge and involves a lot of effort and legal hurdles. As experienced lawyers for migration law , we are happy to help you with your immigration. Feel free to contact us for an initial consultation!
What is an opportunity card?
The opportunity card is basically a preliminary stage of a residence permit for immigrant workers. This immigration is to be newly regulated and facilitated in order to combat the shortage of skilled workers. The associated law on the further development of skilled worker immigration was passed by the Bundestag on 16.08.2023 , the regulation on the opportunity card will come into force on 01.06.2024 .
The strategy of the opportunity card is based on a variety of criteria that skilled workers must meet, including a points system. Those who meet the criteria and collect enough points can then enter Germany with the help of the opportunity card and start looking for a job there. In addition, trial work and secondary employment are possible. Once you have found a job, you can get a residence permit.
How do I get an opportunity card?
There are two different ways to get the chance card:
- You have at least 6 points in the points system (see below).
- After assessing their individual situation, they will be issued the opportunity card as a skilled worker (for example, through a recognised university degree or recognised vocational training).
For most of those affected, the points system is usually relevant. Here, points are awarded for various knowledge, characteristics and qualifications according to a fixed system. Applicants must score at least 6 points to qualify for the opportunity card.
In addition to the points system, there can or should be other criteria that must be met in order to increase the chance of getting an opportunity card. These include:
Livelihood security
The livelihood must be secured (Section 5 of the Residence Act). Costs for food, rent and the like must be covered without state aid .
The responsible authorities prepare a forecast that takes into account one’s own assets and the expected length of stay . For this purpose, a declaration of commitment by a person living in Germany or a blocked account can be proven. It is also possible to provide proof of a job in Germany that may be filled with an opportunity card (max 20 h/week). The opportunity card is initially issued for a maximum of one year. During this time, those affected must actively look for full-time jobs or opportunities to have their degree recognised.
Status as a skilled worker
Anyone can apply for a residence permit as a “skilled worker” with a recognised degree/vocational qualification in Germany. The prerequisite for this is:
- a professional qualification that is comparable to German qualified vocational training, or
- a university degree that is comparable to a German degree (Section 18 (3) of the Residence Act).
Those who meet these requirements no longer have to adhere to the points system, but can apply directly for a visa to look for work.
Basic language skills
Applicants via the points system must have at least “basic language skills” in German or “good language skills in English” (A1-level German or B2-level English) in order to enter Germany.
Applicants must also have at least 2 years of state-recognised vocational training abroad or a course of study recognised abroad or a professional qualification awarded by a German Chamber of Commerce Abroad.
What are points awarded for on the points card?
Those who can secure their livelihood but do not have a university degree must be able to show at least 6 points according to the points system in order to receive an opportunity card.
There are different numbers of points for different areas:
- 4 points: a foreign professional qualification, if a partial recognition is available for the purpose of determining retraining by a German authority (so-called “deficit notice”)
- 3 points: at least 5 years of professional experience
- 2 points: less than 5 years but at least 2 years of professional experience
- 3 points: good knowledge of German (B2 level)
- 2 points: only sufficient knowledge of German (B1 level)
- 1 point: only sufficient knowledge of German (A2 level)
- 1 point: very good English skills (C1 level)
- 2 points: Persons under 35 years of age
- 1 point: Persons between 35 and 40 years of age
- 1 point: lived in Germany for at least 6 months in the last 5 years
- 1 point: the qualification corresponds to a bottleneck occupation
- 1 point: Spouses or registered civil partners also meet the requirements of an opportunity card and apply
How do I apply for an opportunity card?
We will take care of the application for the opportunity card for you.
These documents will then be checked by the responsible German mission abroad – if you are in Germany and already have a residence permit for training or gainful employment purposes, also by the Foreigners’ Registration Office. If the application for the opportunity card is approved, the applicant will then receive a temporary visa with which he/she can travel to Germany.
In Germany, he can apply for a job with employers and companies and, in the best case, will soon find a job. With a signed employment contract , the application for a long-term residence permit can then be submitted.
The opportunity card is initially valid for up to one year. If you can’t find a job during this time, you may have to leave Germany again. However, the opportunity card can be extended for another two years . However, this requires that there is an employment contract or an offer for a qualified job.
How can a lawyer specialising in migration law and immigration law help?
Even though the new Skilled Workers Immigration Act removes many hurdles and facilitates the immigration process, there is still a lot to consider. The regulations for immigration are complex and often difficult to understand, even for German-speaking people. Add to this the language barrier and a completely new legal system , and the challenges for a good start in Germany are very great.
In the event of successful immigration, you can be supported by us as lawyers for migration and immigration law . For almost 20 years, we have been looking after and advising people who want to come to Germany or have recently come here.
It is important to us to support them in the best possible way and in all steps. To make it easier for you to get started in a foreign country, we will help you, for example, to fill out the applications or answer any open questions about the legal situation.
Conclusion: The most important things at a glance
- In Germany, there is a shortage of almost 2 million skilled workers; the Federal Government has therefore reformed the regulations on the immigration of skilled workers.
- An important part of the new Skilled Workers Immigration Act is the “Opportunity Card”, which is intended to make it easier for qualified workers to enter the German labour market.
- The opportunity card is a preliminary stage of a residence permit and is based on a points system and other criteria such as livelihood security and status as a skilled worker.
- There are two ways to obtain the opportunity card: either by collecting at least 6 points in the points system or by an individual assessment, e.g. on the basis of a university degree.
- In addition to the points system, other criteria are important for the opportunity card: secure livelihood, status as a skilled worker (with comparable qualifications) and basic German language skills (A1 level).
- The opportunity card is initially valid for one year. It can be extended for two years if there is an employment contract or a job offer.
Image credits: Andriy Popov | City Rat | pantermedia.net
