On August 18, 2023, a new “Skilled Workers Immigration Act” (Fachkräfteeinwanderungsgesetz, FEG) was published in the German Federal Law Gazette (Bundesgesetzblatt). It amends the Residence Act (Aufenthaltsgesetz, AufenthG) and the Act on the Recognition of Professional Qualifications (Berufsqualifikationsfeststellungsgesetz, BQFG), among others, and implements European Union (EU) Directive 2021/1883 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment. The goal of the reform is to make it easier for skilled workers from non-EU countries to come to Germany to work. According to the German government, bureaucratic hurdles and missing required German language skills should no longer be obstacles for the decision to immigrate to Germany. The act will enter into force on March 1, 2024.
Content of the Skilled Workers Immigration Act — Three-Pillar System
The amendments establish a three-pillar system for skilled workers. (Skilled Workers Immigration Act explanatory memorandum at 3.) The first pillar deals with skilled workers in general, the second pillar with required professional experience, and the third pillar, entitled “potential,” with skilled workers without a concrete job offer. (Skilled Workers Immigration Act arts. 1–3.)
First Pillar: Easier Access to Residence Permits for Skilled Workers
A “skilled worker” is defined as a foreigner who
1. has successfully completed quality vocational training in Germany or has a foreign quality vocational qualification which is equivalent to one acquired in Germany (skilled worker with vocational training qualification), or
2. has a German university degree, a recognised foreign university degree or a foreign university degree comparable to a German one (skilled worker holding a university degree). (Residence Act § 18, para. 3.)
The former version of the law enabled “skilled workers with a vocational training qualification [to] be granted a temporary residence permit to perform skilled work for which their training qualifies them.” Under the new law, a skilled worker with a vocational training qualification may be granted a temporary residence permit to perform any type of skilled labor. (Residence Act § 18a(new); Skilled Workers Immigration Act explanatory memorandum at 3.) The skilled workers training no longer needs to match the particular job. The same restriction was deleted for skilled workers holding a university degree. (Residence Act § 18b(new).)
In addition, the act introduces several amendments to the EU Blue Card. (§§ 18g–18i.) First, the salary thresholds are lowered from 66.6% to 50% of the annual contribution assessment ceiling for pension insurance (in 2023, 50%, means 49,581.60 euros (about US$54,000)); for some jobs, the salary thresholds were lowered to 45.3% of the annual contribution assessment ceiling for pension insurance (in 2023, 45.3%, means 39,682.80 euros (about US$43,200)). (§ 18g; Skilled Workers Immigration Act explanatory memorandum at 3, 65.) Furthermore, changing an employer is simplified for EU Blue Card holders. (Residence Act § 18g, para. 4.) In addition, short- and long-term intra-EU mobility is enabled for EU Blue Card holders from other member states of the EU. (§§ 18h, 18i.) Lastly, family reunification is made easier. (§ 81, para. 6(new).) The decisions and notifications for applications of family members are made simultaneously with the decision on the application for an EU Blue Card if the conditions for family reunification are met and the complete applications are submitted at the same time. (Skilled Workers Immigration Act explanatory memorandum at 73.) As an example, skilled workers in certain professions, such as science and engineering professionals, certain health professionals, or IT experts, who are in particular demand in Germany, could already immigrate to Germany with the EU Blue Card. However, the new act lowers the salary threshold, reduces the required length of professional experience, and waives the previously required proof of German language skills. (Residence Act § 18g, paras. 1 & 2.)
Second Pillar: Required Professional Experience
If a skilled worker has no formally accepted equivalent to German vocational training, the person may still come to Germany to work. In such cases, the professional must have appropriate work experience of at least two years, have a minimum salary, and have completed an apprenticeship that is formally accepted by the home country and took at least two years. (§ 16d(new).) It is no longer necessary that the foreign degree be recognized as equivalent. According to the German government, the minimum required salary will ensure a long-term perspective on the labor market for the skilled worker. (§ 18, para. 1(new).)
Third Pillar: Potential
The act additionally introduces a “chance card.” (§ 20a.) Workers will receive a temporary residence permit and gain access to the labor market to search for a job. The permit is made for persons who do not have a specific job offer but show “potential” in the labor market due to their specific skills and are looking for employment or possibilities to get their foreign vocational qualifications recognized as equivalent. (Skilled Workers Immigration Act explanatory memorandum at 95.) Workers need to have a prequalification — for example, a foreign vocational qualification that requires two years of training and is officially recognized by the foreign country, and language skills equivalent to level A2 in German or level B2 in English according to the Common European Framework of Reference for Languages. (Residence Act § 20a, para. 4; Skilled Workers Immigration Act explanatory memorandum at 96.) The “chance card” establishes a point system, with criteria such as qualifications, German language skills, work experience, and personal connection to Germany, to determine the potential to integrate successfully into the labor market. (Residence Act § 20b(new).) A “search chance card” is granted for a period of up to one year with the possibility of an extension of up to two years (“follow-up chance card”) if the foreigner receives an employment contract or a binding job offer for domestic skilled employment and the Federal Labor Office (Bundesagentur für Arbeit) agrees. (Residence Act § 20a, para. 5(new).)
Background to the New Act
The German government considers “skilled professionals … the key to innovation and competitiveness, to growth and employment, and to prosperity and a good quality of life.” Even though Germany does not have a nation-wide skills shortage at present, there are vacancies in certain regions and sectors that are difficult to fill with qualified professionals, in particular in health- and nursing-related sectors, childcare, the IT industry, and building professions, among others. (Skilled Workers Immigration Act explanatory memorandum at 1.) One field of action of the government’s skilled labor strategy is to focus on a modern immigration policy. Through the Skilled Workers Immigration Act, Germany aims to become a “modern immigration country.” The act is part of the new strategy for securing the supply of skilled workers (Fachkräftestrategie) that was presented by the federal government in October 2022. The German federal government estimates that the act will allow an additional 60,000 qualified third-country nationals to enter the country for employment, qualification measures, or job search annually; 30,000 of these might apply for the new “chance card.” (Skilled Workers Immigration Act explanatory memorandum at 2, 44.)
Prepared by Lea Marie Ruschinzik, Law Library Intern, under the supervision of Jenny Gesley, Foreign Law Specialist
August 25, 2023
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