New Skilled Workers Immigration Act: Easing Access for Foreign Professionals
Germany has long recognized the shortage of skilled workers in various sectors, particularly in health, social services, education, construction, surveying, and civil engineering. In an effort to address this shortage, several laws have been introduced over the years to make Germany more attractive to skilled workers from third countries.
Although the number of immigrants has increased and some skilled workers from third countries have come to Germany, these efforts have not been sufficient to remedy the shortage. Certain obstacles within the country have complicated the immigration process for these professionals, causing many to abandon their plans to move to Germany or not even attempt to apply for the necessary visas to stay in Germany.
Germany is already known for its demanding language requirements and bureaucratic procedures for recognizing foreign qualifications. Even those who manage to have their qualifications recognized often need additional courses to adapt their skills to the German labor market. Furthermore, practicing their chosen profession often requires approval from the Employment Agency, so that professionals can only work in exactly the same qualification they acquired in their home country.
Recognition of qualifications and residence in Germany are not the only obstacles. The German immigration authorities already struggle with processing applications from immigrants in the country, leading to long, often very long processing times for residence permits. These delays have already discouraged many employers from hiring skilled workers who are not yet in Germany or who have not yet obtained a residence permit. This is because the administration does not have the capacity to meet this new demand for skilled workers.
Given these difficulties, the German government recently passed a new immigration law aimed at simplifying bureaucracy and accelerating the process of migration and integration of skilled workers. The law focuses on three pillars: qualification, experience, and potential.
Qualification
The qualification immigration is the main point of the migration law, particularly with the acquisition of the Blue Card for highly qualified professionals. The previous requirements for a Blue Card were a university degree, employment in a related field, and a minimum monthly salary, which in 2023 is 4,860 euros gross. Under the new law, the salary threshold will be reduced to 3,650 euros gross per month in 2023. It should be noted that this amount is adjusted annually. Additionally, technical courses lasting three years can be considered for this type of visa and allow professionals to work in any qualified employment.
Experience
The experience pillar allows professionals with technical qualifications and at least two years of work experience to work in Germany, even if their technical training is not recognized in the country; they will be given the opportunity to apply for recognition together with their employer.
Potential
The potential pillar introduces a chance card based on a points system for those interested in immigrating to Germany. By achieving at least six points, applicants have the opportunity to stay in Germany for up to one year, which can be extended to up to two years, to find a job in their area of interest. During this period, they can work up to 20 hours per week. The points system evaluates: qualifications, language skills (German and English), work experience, connection to Germany, age, and the possibility of bringing spouses or partners. The minimum requirement is German language skills at A1 level.
In addition to these pillars, the reform of the immigration law also provides significant opportunities for family reunification, including bringing parents and parents-in-law, as well as the possibility of applying for permanent residence after three years of stay.
The new law is a necessary step to attract skilled workers to Germany and facilitate their entry, addressing the main substantial challenges mentioned above.
Administrative Challenges
For the law to be effective, administrative changes and updates are required. Simplifying bureaucratic procedures is a first step, but it will have little impact if the public administration continues to create obstacles and difficulties with each new application. German consulates in various countries and immigration authorities declare that they are unable to process applications in a reasonable time. It takes months or even years to schedule appointments and even longer to receive a response.
The new law has the potential to significantly improve the situation of the labor shortage in Germany, but it is crucial that the German government recognizes the challenges faced by the public administration and makes the necessary changes. Only then can the laws passed by Parliament reach those who need them, and the goal of attracting skilled workers to Germany can be fully achieved.
Summary
In summary, the new immigration law in Germany, which is set to come into force in November 2023 (although it may take another 6-9 months for some aspects to be fully implemented), is a positive and necessary step forward for immigration law and could facilitate the influx of skilled immigrants to Germany.
How We Can Support You
Our law firm has been active in the field of migration law for many years, developing strategies with companies and applicants to address the shortage of skilled workers. Contact us if we can assist you.
