The future of skilled worker migration - draft law published by the German government:

On 29.03.2023, the government draft for a law on the further development of skilled labor immigration and for an ordinance on the further development of skilled labor immigration was published. The planned law is expected to come into force in fall/winter 2023.

In future, the immigration of skilled workers is to be structured as a so-called "three-pillar system". This includes a so-called skilled labor pillar, an experience pillar and a potential pillar.

In addition, the visa process is to be accelerated by reducing bureaucracy and digitizing the administration.

An overview of the individual pillars and other innovations is provided below:

1. the skilled labor pillar

This pillar should remain the central point of immigration to Germany. What is required here is a degree recognized in Germany, an employment contract and working conditions equivalent to those of German nationals. However, simplifications are also to be made here. For example, a recognized qualification should in future entitle the holder to any qualified employment in non-regulated professions. This means that the qualified profession is not linked to the qualifying qualification.

The salary thresholds for the EU Blue Card are also to be lowered. The salary limit is to be 56.6% of the annual contribution assessment ceiling for general pension insurance (regular salary limit) and 45.3% of the annual assessment ceiling (lowered salary limit) for so-called bottleneck professions (mathematics, computer science, natural sciences, engineering and human medicine). By way of comparison, the current regular salary threshold is two thirds of the annual contribution assessment ceiling for general pension insurance (old federal states as at 2023: €7,100 per month) and 52% of the annual contribution assessment ceiling for bottleneck occupations. In future, the lowered salary thresholds will also apply outside of the bottleneck professions for young professionals who have obtained a university degree no more than three years before applying for the EU Blue Card.

Numerous other simplifications are also planned. For example, the deadlines for issuing a settlement permit for skilled workers (Section 18c AufenthG) are to be shortened. Immigration for the purpose of vocational training is also to be made easier.

2. the experience column

The new experience pillar enables immigration to Germany even without a professional qualification recognized in Germany. This is intended to avoid the sometimes lengthy recognition procedures. All that is required for a visa to be issued is a vocational qualification recognized in the country of origin with at least two years of vocational training and two years of professional experience.

If it is already possible for IT specialists with professional experience to enter Germany without a degree, provided that certain qualifications are proven, the salary thresholds here should be lowered to the level of the lowered minimum salary threshold of the EU Blue Card in the so-called bottleneck professions and proof of German language skills should be waived in future.

Through a so-called recognition partnership, entry is possible for qualified third-country nationals even if the required salary threshold is not reached. The prerequisite for this is that the recognition procedure for the foreign professional qualification is carried out swiftly in Germany. Employees and employers must commit to this as part of the recognition partnership.

3. the potential column

The potential pillar is intended to give people who do not yet have an employment contract the opportunity to enter Germany to look for a job. A points system will be introduced for this purpose, with selection criteria including qualifications, language skills, professional experience, links to Germany and age. This is intended to make it easier to find a job. To this end, a two-week trial period of full-time employment is to be offered during the job search and, in addition, part-time employment of up to 20 hours per week is to be permitted. The opportunity card is to be issued for a maximum of one year and cannot be extended.

According to the current draft bill, the points table is to be structured as follows:

Feature according to § 20b paragraph 1 number	Points if the feature is fulfilled
1 (Professional qualification)	4
2 (language skills level B2)	3
3 (language skills level B1)	2
4 (English language skills level C1)	1
5 (at least five years of professional experience in the last seven years)	3
6 (at least two years of professional experience in the last five years)	2
7 (not older than 35 years)	2
8 (older than 35, younger than 40)	1
9 (at least six months of legal and uninterrupted residence in Germany in the last five years)	1
10 (Spouse fulfills the requirements of the opportunity card and applies for it at the same office)	1
The minimum score is six points

4. other new regulations

In addition to the three pillars, opportunities for temporary or permanent immigration without a professional qualification should also be made possible. A quota-based and temporary entry for all third-country nationals for employment, regardless of qualifications, should be introduced, taking into account the available capacities.

The Western Balkans regulation (Section 26 (2) of the Employment Regulation) is to be discontinued (previously: 31.12.2023) and the quota increased to 50,000 nationals per calendar year from the six Western Balkan states (previously: 25,000 per calendar year).

Certain bans on changes of purpose (Section 16b (4) AufenthG) are also to be abolished. In future, national visas (Section 6 (3) AufenthG) for qualified employment are to be issued for a period of one year (instead of the current three or six months).

In addition, the recognition procedure for foreign professional qualifications is to be simplified and accelerated through increased staff deployment and the digitalization of the application, appointment allocation and forwarding of documents, for example.

5. conclusion

The German government's plans are ambitious. Chancellor Scholz announced "the most modern immigration law for skilled workers in the European Union". If the key points are actually implemented, this would mean a considerable simplification and improvement for the immigration of skilled workers to Germany. According to the draft bill of 29.03.2023, the immigration of qualified third-country nationals for the purpose of gainful migration could be increased by up to 60,000 people per year, in addition to immigration from EU member states, for family or humanitarian reasons. It is to be hoped that previous shortcomings in practice from the 2019 Skilled Immigration Act will be rectified as part of the draft bill that has now been presented.

The draft laws amending the Residence Act and the Employment Ordinance can be found at the following link: https://www.bmi.bund.de/SharedDocs/pressemitteilungen/DE/2023/03/fachkraefte-kabinett.html