4th of January 2023
Immigration
Impact High
Summary
The new year starts with two important changes with regards to the immigration process to Germany.
The minimum salary for several residence permit types has been increased starting from 1st of January. The relevant threshold is based on the annual earnings ceiling of the general pension scheme, which has been raised for 2023.
With effect from 31st of December 2022, legal changes to the language requirements for family reunion with skilled workers have been implemented to the law. With this, the German government fulfills its promise to further facilitate the immigration process for skilled workers. As an important measurement, one of the main obstacles for dependent visas has been
effaced.
The Detail
1. Salary Thresholds
As announced in our alert from 8th of December, significant changes to the base of the salary thresholds for the Blue Card EU and IT specialists are planned. Currently, the thresholds are calculated from the annual earnings ceiling of the general pension scheme which changes every year. Due to their increase, new thresholds for the annual salary apply from 1st of January 2023 are higher than in 2022:
• Blue Card EU: 58.400 Euro // Blue Card EU in shortage occupation: 45.552 Euro
• Specialists in IT sphere: 52.560 Euro
• First residence permit application of skilled workers above 45 years: 48.180 Euro.
2. Language requirements of dependents
Dependents of skilled workers have the possibility to apply for a visa for the purpose of family reunion. Except for dependents of Blue Card EU or ICT-card holders, applicants had to show German proficiency at level A1. The requirements were even more strict for children between 16 and 18 years of age, as they in general had to present German knowledge at the level of C1.
From now on, German proficiency is not required for a family reunion with holders of the following residence permits:
• Blue Card EU, ICT-Cards, settlement permit for highly qualified workers;
• skilled workers with a university degree or vocational training;
• specialists, executives, researchers, engineers or technicians or teachers in a
research team, applicants with public interest;
• freelancers.
What this means
All applications that fall under the Blue Card EU or IT-specialist categories must fulfil the new salary requirements. Ongoing processes waiting for a final decision from the authorities may have to be reviewed if they do not comply with the thresholds for 2023.
A family reunion with main holders of certain residence permit types will profit dismissal of the language requirements. The changes apply as well for cases that started in 2022 but have not been decided yet by the German authorities involved in the immigration process.
How we can help
Until the legislative process regarding the base of the thresholds is completed, the above mentioned requirements for the salaries apply. We monitor the situation closely and will reach out to our clients as soon as the planes changes are implemented. To guarantee clear and efficient processes, we keep our clients updated throughout the upcoming legislative procedure which will bring changes to the salary requirements. We can assist your family members with their relocation to Germany and will assess if the changes regarding the family reunion apply in their cases.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
• Mostafa Massoud, Rechtsanwalt (Lawyer) | mostafa.massoud@vialto.com
• Inga Mayer, Rechtsanwältin (Lawyer) | inga.m.mayer@vialto.com
• Eva Witt, Rechtsanwältin (Lawyer) | eva.witt@vialto.com
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