Alert ?? - New Immigration Law for Germany

Germany announces new immigration law to attract more skilled workers

On June 23rd, the German Parliament voted on a new law aiming to create easier access to the German labor market for third-country nationals.

Germany has faced a significant shortage of skilled workers for a long time, commonly known as the "Fachkr?ftemangel." Like many other European countries, the population is aging, and there aren't enough young professionals entering the job market to compensate for those who are retiring.

The goal of the German government is to become more attractive to third-country nationals, facilitate the migration process, and expand the possibilities, especially in the field of work migration. The new law of 2023 aims to focus on three pillars for work migration:?

• The skilled labor pillar
• The experience pillar
• The potential pillar

While the idea is great and we support the initiative, we can also see shortcomings in the new law. We break down the main changes and what it means for the German immigration system below.

New regulations regarding the Blue Card EU

As Germany aims to attract academics and skilled labor from around the world, the skilled labor pillar will remain the primary focus and central element of the new law. Some of the new measures specifically concentrate on democratizing the Blue Card EU and integrating more skilled workers with vocational training into the labor market.

First of all, both salary thresholds will be lowered. What is known as the Blue Card in shortage occupations (“small” Blue Card) will see its annual gross salary threshold lowered from 45.552,00 € to 39.682,80 €. For the so-called “big” Blue Card it will go from 58.400,00 € to 49.581,60 €.

Additionally, the “small” Blue Card will also be extended to new groups of professionals. This includes a broader range of academic professionals, such as:

• Manufacturing and distribution managers
• Professional services managers, such as childcare professionals
• Teaching professionals
• Various health professionals (e.g., nurses, veterinarians, dentists, pharmacists, etc.).
• All academics who have graduated within the last 3 years to facilitate their entry into the workforce.?
• Professionals and service managers in the information and communications technology field who do not hold an academic background if they can present other qualifications.?
• Those with protected status.

The Blue Card will also confer new rights to its holders, including:

• Changing employers will now only require a declaration, and the Blue Card holder will not have to apply for a change before taking on a new job.?
• The applicant will only be bound to employment for 12 months, and not 24, as it is currently.
• Intra-European mobility will be made easier for European Blue Card holders

Expanding employment opportunities for other skilled migrants

Currently, in addition to the Blue Card EU, academics in Germany can obtain a permit as Highly Skilled Workers. While the connection between the job and the qualification doesn't have to be as strict as with the Blue Card, the German government still requires that the qualifications acquired during a course of study qualify the person for the employment they are taking on. This requirement will be abandoned, and the sole fact of holding a recognized or equivalent university degree will be sufficient to obtain a residence permit for any qualified employment, even if it's unrelated to the original degree. This is great news for those considering a career change!

This new rule will also apply to those who have successfully completed vocational training, allowing them to take on employment in a different field as long as it is a qualified employment.

New regulations regarding student employment and the recognition of foreign qualifications

The German government also aims to make studying in Germany more appealing, and educational migration will be strengthened. In this regard, taking on secondary employment during studies will be made easier to ensure one's livelihood. The goal is to attract more students from abroad who have considerable potential as future skilled specialists for the German labor market.

Moreover, employment opportunities will be expanded for individuals on permits that previously did not allow it, such as those attending a language course.

Germany has a particularly rigorous system for vocational training graduation, and the recognition procedure for foreign qualifications is lengthy and demanding. The recognition of foreign qualifications will finally?be made easier for those who wish to pursue a professional career in Germany.

The "Chancenkarte"

The significant new regulation that will be implemented is the "Chancenkarte" (opportunity card), which has been extensively discussed in the press over the past year. This new type of residence permit, based on a point system, will provide selected professionals with the opportunity to come to Germany to search for a job or have their foreign qualifications recognized. It will be introduced for professionals with a 2-year foreign vocational training or a university degree.

The selection criteria include language skills, work experience, age, and connection to Germany. Each criterion fulfilled will be allocated a certain number of points, for example (but not limited to):

• 3 points for German proficiency at the B2 level.?
• 1 point for English proficiency at the C1 level.?
• 2 points for having at least 2 years of work experience in the last 5 years.?
• 2 points for being younger than 35 years old.

If an individual accumulates 6 points, they can apply for an “opportunity card” permit. Once in Germany, the opportunity card also offers the possibility of trial work or part-time employment, and the transition to residence permits for gainful employment or educational purposes is guaranteed.

Conclusion

In summary, the law should not only facilitate the immigration of a larger number of professionals to Germany, enabling them to settle here and establish a life for themselves and their families, but also streamline the immigration process. However, there are concerns that the new law may be ambitious without addressing the existing challenges.

The German government appears to lack a strategy to overcome the well-known shortcomings that have long plagued the relocation process, including inadequate staffing in German Missions abroad and immigration offices in Germany, a litigious approach towards applicants, a lack of transparency in procedures, and excessive long waiting times.

These issues have been impeding the immigration process for many years and are not new. Unfortunately, with the introduction of the new law in 2020, these problems seem to have worsened. Urgent action is needed from the government to not only establish a more accessible immigration system but also a more compassionate one.

It is regrettable that the government has not addressed these legitimate concerns.