June 27th, 2023
Immigration
Impact High
Summary
The Bundestag passed the reformed Skilled Workers Immigration Act on 23 June 2023. The intention is to facilitate the access for foreign skilled workers to the German labour market. Several simplifications are envisaged: To name a few, skilled workers with professional experience will in future be allowed to work without a qualification recognized in Germany. In addition, third-country nationals who meet certain criteria will be allowed to enter Germany with the so-called “opportunity card” (“Chancenkarte”) based on a points system to find a job.
Background
The shortage of skilled workers is omnipresent and cross-sectoral. According to surveys by the Federal Statistical Office, there are hardly any reserves left in Germany to replace missing or soon to leave skilled workers. According to the latest results, 87 percent of the population between the ages of 25 and 59 are already in gainful employment. Among men, the figure is as high as 92 percent, while 83 percent of women have a paid job. To tackle the shortage of skilled workers, the German immigration law has been opened up to a broader group of people.
Details
The skilled labour immigration law is based on a three-pillar: Skilled labour Pillar, Experience Pillar and Potential Pillar.
Skilled labour
Third country nationals with either a German qualification or a qualification recognized in Germany will be able to work in all qualified occupations. The EU Blue Card with its perks with regards to family reunification, permanent residency and change of employer/position is to be made available to even more skilled workers holding a university degree. Germany is thus implementing the regulations of the reformed EU Blue Card Directive for highly qualified immigrants.
Details:
-The minimum salary threshold for the issuance of the EU Blue Card for academic professionals will be lowered to EUR 43,800 gross (currently: EUR 58,400 gross) p.a.
– People without a university degree but with three years of vocational training will be able to obtain an EU Blue Card if they have a concrete job offer
-(IT-) Specialists will be able to obtain an EU Blue Card if they do not have a university degree but can prove that they have certain non-formal qualifications
-(IT-) Specialists are to be able to pursue any qualified occupation in future. Previously they had to prove a connection between educational background and job activities in Germany
Experience
Employees not holding a university degree will be allowed to work in non-regulated occupations even without their vocational training being formally recognized in Germany. Prerequisites are:
This means significant simplifications and thus shorter procedures. A minimum salary is set. Those who do not reach this salary threshold must have their vocational qualification recognized in Germany. What is new is that the person may already work in Germany while the recognition procedure is still ongoing. This exception applies if the employer allows the employee to conduct the qualification.
Potential – the opportunity card
More third country nationals seeking for an employment from within Germany will have the opportunity to find work locally in Germany. The minimum requirement is a vocational qualification of at least two years’ duration.
With a so-called “Chancenkarte” (opportunity card), they will receive a residence permit for an initial period of up to one year to look for work. During the job search, employment of up to twenty hours per week is permitted, including trial employment with a future employer for up to two weeks. The requirements for entry to seek training are also lowered.
The opportunity card will be issued based on a transparent and unbureaucratic points system. The selection criteria include:
Furthermore, the potential of the accompanying spouse or partner is also considered. A qualification in a bottleneck occupation is a criterion to be scored for the opportunity card. The minimum requirement for German language skills is now only A 1; language skills from language level A 2 onwards are given extra points.
The law also provides for the possibility of extending the Chancenkarte for up to two years if the third country national has an employment contract or a binding job offer for qualified employment in Germany and the Federal Employment Agency agrees.
Further changes
Temporary employment
The law also provides for the possibility of contingent short-term employment for sectors with particularly high demand. This makes it possible to work in Germany for eight months, regardless of the qualification. However, the employer must be bound by collective agreements and the employment will be subject to social security contributions from the first day of employment.
Change from asylum seeker status to skilled worker
People who are already in Germany and were in an asylum procedure until March 29th, 2023 can switch to regular employment if they have the appropriate qualifications. This gives people who have fled to Germany a perspective for more integration. However, this so-called track change from the asylum procedure to recognition as a skilled worker will only be possible retroactively. Asylum seekers who were not yet in the asylum procedure by March 29th, 2023 will not be eligible for this residence permit type.
The law still must be discussed and approved by the Bundesrat before they can enter into force.
What this means
For employers, this mainly means that candidates will possibly already be in the country more often when they want to hire them and will not have to go through the visa process in their home country. Furthermore, the introduction of the law will give workers a great opportunity to apply for an EU Blue Card without having to explain in detail how their new job fits with the degree. The latter has led to challenges in many cases in the past.
How we can help
We will monitor the situation closely and will reach out to our clients as soon as the changes are implemented. To guarantee clear and efficient processes, we keep our clients updated throughout the upcoming legislative procedure.
We can assist you, your employees and candidates as well as their family members with their relocation to Germany and how the upcoming changes can help you and them smoothly navigating through the German immigration system.
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
Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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