The German Skilled Immigration Act: A Comprehensive Overview

Germany, a powerhouse in the global economy, has recognized the pivotal role played by skilled workers in driving innovation and economic growth. In response to the evolving needs of its workforce, the German government implemented the Skilled Immigration Act (Fachkräfteeinwanderungsgesetz – FEG) on March 1, 2020. This landmark legislation represents a significant step toward simplifying and enhancing the immigration process for qualified individuals from third countries. Let's delve into the key features and transformative elements introduced by the FEG.

Streamlining Immigration Processes

The FEG is designed to streamline legal regulations, making it more straightforward for skilled workers from third countries to navigate the immigration landscape. The Act recognizes the essential contribution of skilled workers to the German workforce and economy, particularly in sectors facing shortages of qualified professionals. A noteworthy aspect is the exemption to entry restrictions during the Covid-19 pandemic for skilled workers, emphasizing their critical role.

Role of the Federal Office for Migration and Refugees

Central to the implementation of the FEG is the expanded role of the Federal Office for Migration and Refugees. The office serves as a crucial resource not only for immigrants but also for companies and authorities involved in the immigration process. The Working and Living in Germany hotline (ALiD) provided by the office offers guidance on entry, residence, professional recognition, and language training. This proactive approach aims to facilitate a smooth integration process for skilled workers.

EU Mobility and Research Migration

The FEG places a strong emphasis on EU mobility, fostering collaboration and exchange of skilled workers within the European Union. It introduces the National Contact Point for EU Mobility, managed by the Federal Office, to facilitate seamless mobility. Furthermore, the Act expands the definition of skilled workers to include both academic and vocationally trained individuals, ensuring a more inclusive approach to immigration. The establishment of the Advisory Board for Research Migration underscores Germany's commitment to attracting global research talent.

Integration Initiatives

In a bid to promote holistic integration, the FEG initiates various programs, including the Migration Advice Service for Adults (MBE) and the "Integration through Skill-Building" (IQ) support program. These initiatives provide advice, guidance, and qualifications recognition for foreign-skilled workers, fostering their inclusion in the German labor market. By addressing the multifaceted aspects of integration, the FEG seeks to create an environment where skilled workers can contribute effectively to society.

Vocational Language Promotion

Recognizing the importance of language proficiency in integration, the FEG extends tasks related to admission to vocational language courses. The Federal Office actively provides integration courses to help individuals without sufficient German knowledge acquire essential language skills. This language promotion initiative aims to enhance communication skills, making it easier for skilled workers to adapt to the German professional and social environment.

Research and Studies

The Research Centre, established under the FEG, plays a crucial role in conducting studies related to skilled immigration. These studies contribute to the annual Migration Report, offering valuable insights into the new procedures for attracting skilled workers. Projects initiated by the Research Centre, such as the one launched in January 2021, delve into the perspectives of immigration authorities and missions abroad, providing a comprehensive understanding of the evolving landscape.

Central New Elements Introduced by the FEG

The FEG introduces several central elements that reshape the immigration landscape:

Basic Entitlement to Employment

Every residence permit under the FEG includes the entitlement to engage in gainful employment, removing unnecessary restrictions and creating a more inclusive framework for skilled workers.

Bottleneck Analysis

The analysis related to professions facing a shortage of applicants is no longer applicable, allowing for a more dynamic response to changing labor market demands.

Expanded Definition of Skilled Workers

The Act broadens the definition of skilled workers, encompassing not only academically trained individuals but also those with qualified vocational training. This expansion aims to diversify the pool of skilled workers contributing to the German economy.

Accelerated Procedures

Recognizing the urgency in recruitment, the FEG introduces expedited processes for skilled workers entering the country for employment or training. These accelerated procedures aim to streamline recruitment and reduce administrative bottlenecks.

Updates to EU Blue Card and Other Changes

EU Blue Card Reforms

In alignment with Directive (EU) 2021/1883, the German legislator restructures the EU Blue Card under the FEG. Lower salary thresholds and expanded eligibility criteria make the EU Blue Card more accessible. Notably, IT specialists without a university degree but with relevant professional experience can now qualify, reflecting a more nuanced approach to qualification.

Residence Permit Amendments

The FEG introduces changes to the residence permit for skilled workers, eliminating the linkage between qualification and employment. Applicants are now entitled to a residence permit if requirements are met, and there are no restrictions on the type of job they can seek, except for regulated professions. This fundamental shift provides greater flexibility for skilled workers in their job search.

Employment of Professional Drivers

Simplifying the approval process, the FEG removes the need for specific driving licenses and language requirements for employing professional drivers from third countries. This change recognizes the skills and qualifications of professional drivers, facilitating their entry into the German job market.

New Employment and Recognition Rules

From March 2024, the FEG extends residence permits for skilled workers participating in qualification measures, allowing for increased secondary employment during these programs. The Act aims to strike a balance between training and gainful employment, providing more comprehensive support for skilled workers navigating the recognition process.

Further Amendments from June 2024

Introduction of an Opportunity Card

The FEG introduces an Opportunity Card, offering jobseekers the chance to stay in Germany and look for employment. This card can be obtained by those who receive full recognition of their foreign qualifications, considered "skilled workers" under Section 18 para. 3 of the Residence Act (AufenthG). For other applicants, evidence of a foreign university degree or a vocational qualification of at least two years' duration, recognized by the state in the country of training, is required. Additionally, basic knowledge of German (level A1 CEFR) or English (level B2 CEFR) is necessary. Points are awarded based on various criteria, including recognition of qualifications in Germany, language skills, professional experience, age, links to Germany, and the potential of accompanying partners or spouses. Applicants must score a minimum of six points to receive an Opportunity Card.

Opportunity cards are issued for a maximum of one year, provided that the holder can support themselves for that period. The card allows the holder to engage in work trials or take up secondary employment for a maximum of 20 hours per week during their stay in Germany. If an applicant is subsequently unable to obtain another residence title for employment purposes under Part 4 (Sections 18 to 21 of the Residence Act [AufenthG]), but has an offer of qualified employment, the Opportunity Card can be extended for a further two years.

The Western Balkans Regulation

The Western Balkans Regulation, initially set to expire at the end of 2023, gives nationals of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia access to the German labor market for any type of employment in non-regulated occupations. The FEG extends this regulation indefinitely, setting a quota of 50,000 approvals per year issued by the Federal Employment Agency from June 2024. Future Changes

Anticipated changes in the landscape of skilled immigration include the introduction of a job search opportunity card and ongoing enhancements to streamline processes. These changes are indicative of Germany's commitment to remaining an attractive destination for skilled workers globally.

To sum up

The German Skilled Immigration Act, with its multifaceted approach, not only simplifies immigration processes but also emphasizes integration, flexibility, and adaptability. By embracing global talent and continually fine-tuning its policies, Germany positions itself as a leader in attracting skilled workers. This strategic approach not only contributes to economic growth but also enriches the cultural fabric of the nation. The FEG stands as a testament to Germany's commitment to a dynamic and inclusive workforce, poised for the challenges and opportunities of the future.