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Germany’s Skilled Immigration Act for eligible Professionals

Qualified skilled works are highly demanded in Germany, in fact, well-skilled workers are an asset for Germany. The Immigration Act for Skilled Workers (Fachkräfteeinwanderungsgesetz – FEG)  came into force on 1 March 2020. The act boosts the immigration of potential people from all over the world.

During this period office has also received new targets as a result of the Act. Travel restrictions due to COVID-19 make entries difficult, but the exemptions apply to skilled workers. Experts say the Act has simplified the legal requirements for the immigration of skilled workers from third countries. The federal Office for “Migration and Refugees” is also participating in the skilled worker’s immigration process in a range of tracks. In addition to immigrants, the Federal Office also advises companies and authorities through the Germany Hotline (Working and Living in Germany Hotline) on provisions regarding admission and accommodation, professional identity, and language training.

Read here complete details of Germany’s new immigration law

Immigration targets failed due to the old immigration system and travel restrictions in 2020

Germany faced two-thirds of migrants numbers last year. The root cause is obvious which is hitting all targets for migration, traveling, and tourism (report infomigrant.net). According to the latest government figures provided by the Federal Ministry of the Interior on the number of migrants in 2020, less than 67,500 migrated and applied for asylum in Germany. On the other hand, a set-aside quota is allowed of 180,000 to 220,000 cases of annual net immigration to Germany for asylum purposes.

The success of the new immigration system since it came into existence

From March 1, 2020, to December 31, 2020, the German diplomatic missions issued almost 30,000 visas to qualified specialists and trainees from third countries despite the pandemic.

Enabling EU mobility and facilitating research immigration

In terms of the rules on a residence, the Federal Office is operationally active as the National Contact Point for EU Mobility with regard to the EU Blue Card, ICT (intra-corporate transfer), REST (research and students), and long-term EU residence. According to the Act, it is the duty of the Federal responsibility for establishing the preconditions for mobility within the structure of ICT and REST. Before this Act, this was the duty of the immigration authorities. In the context of research transfers, the Federal Office serves as the Secretariat of the Advisory Board for Research on Migration, and as the Office for Identifying Research Institutions.

Promote the integration of skilled workers

As a key player in integration, the Federal Office provides huge support options upon entry into the country. This is such as the Migration Advice Service for Adults (MBE), which is operated by the Federal Office, free guidelines to solve problems for example health insurance or searching accommodation. The candidate can find MBE centers in different cities of Germany at https://bamf-navi.bamf.de/de and can also be found online at www.mbeon.de. The mission is to increase the MBE services to add skilled workers and family members relocating with them. For labor market integration, the “Integration through Skill-Building” support project operated by the Federal office assistance to mobilize the capacity of skilled workers.

Individuals with foreign professional qualifications are advised, guided and (if necessary) re-qualified on issues related to the identification of their qualifications. Developed under the Act, “Regional Skilled Workers Networks” have been set up, including advice to employers on how to attract skilled workers.  

German language and vocational training  

BAMF also manages the regulatory tool for vocational German language encouragement, that is the vocational language programs improve immigrants’ chances on the labor market. The target group comprises skilled workers, including workers who are going through the recognition process for the vocational training qualification that they have obtained abroad. The Act increased the goals related to admission to the vocational language program for people who are looking for vocational training. Application from foreign countries is also made possible for this target group. The Federal Office facilitates the transfer of skilled workers as well as family members who are given a German language integration course in which the language level is B1 (CEFR). This enables basic access to the legal system as culture and social structures.  

Research on the immigration of skilled workers

The Federal Office’s operational work is complemented by a number of studies conducted by the Research Center, which, among other things, analyze topics related to the immigration of skilled workers. In addition to the federal government’s annual migration report, various monitoring reports also provide comprehensive monitoring of educational and labor migration in Germany.

The research was done last year entitled “Nonacademic foreign skilled workers on the German labor market, a stock-taking movement carried out before the entry into force of the immigration Act for Skilled Workers”. And this examines how the work of this group of people had progressed under the previous legal provisions and what character the vocational training of immigrants can play when it comes to inviting skilled workers. It also shows the new provisions contained in the Act. It presents the new provisions in the Act, as well as the analysis and forecasts available to date on the demand for skilled workers in Germany.

In addition, a project with the Act was launched in January 2021 to provide in-depth insights into new methods for attracting skilled workers selected through surveys by immigration officials and missions abroad. It can be done by analyzing the data. Central Register of Foreign and Visa Data.  

Key Points of the new immigration law

Germany’s new immigration law mainly brings the following changes into the old immigration system:

  • Suspension of the checks if there are available workers either in Germany or EU countries for the applied job of the foreigners. This will surely help to make the job offer process faster and more vocational and skilled jobs would be open for non-EU workers.
  • The previously exercised norm, immigration only for highly skilled ‘Academically Qualified’ persons is to be joined by the vocationally skilled workers. This will help even diploma holders and ones with having professional experience in skilled work to count.
  • Under some restrictions, students will be able to come to Germany to attend vocational training courses.
  • Permanent residency possible with less time

Examination of the equivalence of qualifications and the examination of working conditions remain a prerequisite for access to the labor market. The law makes the measures for the recognition of foreign professional qualifications more attractive and more practical. In addition, IT specialists with extensive practical experience can also travel to Germany without a formal qualification.

A work contract from a German employer, basic knowledge of the German language, and required qualification (with recognition report from Germany) will be sufficient enough to make the applicants through. Employers will need not provide proof of job availability(“Vorrangprüfung”) from BAMF (Germany’s Federal immigration office) which will make the process easy and hectic-free. One can also apply for this visa even if his profession is not on a shortage occupation list.

-Files from bamf.de, visa-guru.com, and Umer Rasib