The German government finally started implementing different immigration laws from 18 November onwards. According to statements, this will help not only the country get new skilled but also highly qualified workers from non-EU countries. Germany’s companies are currently unable to fill around 1.73 million vacancies, according to the Institute for Labor Market and Occupational Research (IAB) in its quarterly survey. The Federal Employment Agency (BA) alone reported 748,665 unfilled positions in October.
Germany has had a skilled immigration law since March 2020. Now it has been reformed because there is still a shortage of staff in many places, especially skilled workers. In addition, the bureaucratic burden for foreigners who want to come to Germany as migrant workers is still high.
The law is anticipated to take effect in 3 stages between November 2023 and June 2024. The following are the main changes that will replace the old immigration system:
- The introduction of a so-called opportunity card based on a points system;
- Skilled workers who are willing to work and who want to immigrate to Germany with the help of this law must prove language skills, professional experience, age, and a connection to Germany;
- The minimum salary is also falling for the highly skilled workers. In the future, foreign skilled workers will only have to achieve a gross salary of around 43,800 euros, instead of the previous 58,400 euros annually.
- Asylum seekers who entered the country before March 29, 2023, and have a qualification and a job offer should – if they withdraw their asylum application – be able to apply for a residence permit as a skilled worker. Until now, you had to first leave the country and then apply for a work visa from abroad. In the new scenario, it will be possible from directly inside the country;
- IT specialists should also be able to come without a university degree, provided they can demonstrate certain qualifications.
- The change has also been held for those here on a tourist visa. They will not be required to first leave the country, before returning in an employment context.
- In the future, anyone who comes to Germany as a highly qualified specialist from a non-EU country will not only be able to bring their spouse and children with them but also parents and parents-in-law. However, the prerequisite for family reunification is that the livelihood of the relatives is secured. Parents cannot apply for social benefits.
The opportunity card will also enable individuals to enter Germany and hunt for employment there rather than applying abroad. Professional qualifications will also be recognized under more relaxed restrictions by the adjustments Germany proposes to implement.
Additionally, skilled job seekers with degrees or other credentials will be allowed to remain in the nation for up to a year to look for employment. Foreigners will be allowed to work up to 20 hours a week while they search for full-time employment.
Read here for complete details about Opportunity Card or Chancen Karte.
Category-wise changes for the newly implemented immigration law
1- Blue Card to be made easy
According to the federal government, what is new is that IT specialists can in future receive an EU Blue Card if they do not have a university degree, “but can demonstrate certain non-formal qualifications”. According to the draft, these regulations are intended to increase the attractiveness of Germany for particularly qualified third-country nationals.
2- Educational migration
By making studying in Germany more attractive, educational migration should be strengthened. Here, the securing of livelihood is made easier by expanded opportunities for secondary employment during study visits. In addition, the possibility is being created to apply the maximum employment times under the social law regulations for so-called working students in terms of residence law in order to remain within the permitted framework of permissible sideline activities during the course of study, writes the federal government.
3- Residence permit for qualification recognition
According to the draft, the introduction of a new residence permit for a recognition partnership should make it more attractive for pre-qualified third-country nationals to obtain a degree recognized in Germany. In addition, the recognition procedure – as previously only possible within the framework of mediation agreements – can only be started in Germany.
4- Job opportunity card
A job opportunity card based on a points system is to be introduced for people with a foreign professional qualification of at least two years or a university degree. The selection criteria should include language skills, professional experience, age, and connection to Germany. The opportunity card offers opportunities for trial work or part-time employment. “The change to residence permits for gainful employment or educational purposes is guaranteed,” writes the government. The opportunity card will also permit casual work for up to 20 hours a week while looking for a qualified job, as well as probationary employment.
In addition, among other things, the possibility of extending the opportunity card by up to two years is provided if the foreigner has an employment contract or a binding job offer for qualified employment in Germany and the Federal Employment Agency agrees.
The opportunity card” and its associated points system, allow foreigners who don’t yet have a job lined up to come to Germany for a year to find employment. A prerequisite for receiving a card will be a vocational qualification or university degree.
The cards will be awarded to those who fulfill a certain number of conditions, for which they will be awarded points: These could be German and/or English language skills, existing ties to Germany, and the potential of accompanying life partners or spouses on the German labor market.
5- Family reunion for parents
Furthermore, in the future, it should also be possible for the parents of a skilled worker to be granted a residence permit for family reunification. The same applies to the skilled worker’s parents-in-law if their spouse resides permanently in Germany.
6- Residence permit for asylum seekers
Asylum seekers who entered the country before March 29, 2023, and who, among other things, have the appropriate qualifications and a job offer or who are already in a corresponding employment relationship should be able to end their asylum procedure by withdrawing their application and apply for a residence permit as a skilled worker without first leaving and entering the country to have gone through the visa process.
7- No degree or qualification recognition required
Someone who already has a job offer can already come to Germany and start working while their degree is still being recognized. On the other hand, in the future, skilled immigrants will no longer have to have their degrees recognized in Germany if they can show they have at least two years of professional experience and a degree that is state-recognized in their country of origin.