Germany has long acknowledged the shortage of qualified professionals in various sectors, particularly in healthcare, social affairs, teaching, education, construction, topography, and construction technology. In an effort to resolve this deficit, several laws have been introduced over the years to make Germany more attractive to skilled professionals from outside the European Union (EU) and to encourage them to work in Germany.
Although immigration numbers have increased and some professionals from non-EU countries have come to work in Germany, these efforts have not been sufficient to alleviate the shortage. Certain barriers within the country have hindered the immigration process for these professionals, leading many to abandon their plans to relocate or not even want to go through the difficulties of obtaining the necessary visas to stay in Germany.
Germany is already known for its challenging language requirements and bureaucratic procedures for recognizing foreign qualifications. Even those who manage to have their qualifications recognized often need additional courses to adapt their skills for the German job market. Furthermore, approval from the Ministry of Labor is often required to practice their chosen profession, limiting them to working in the exact qualification they acquired in their country of origin.
However, qualification recognition and residency challenges are not the only obstacles. Germany's migration agency has already been having difficulties dealing with applications from immigrants who are in the country, even resulting in longer visa processing times. This delay has already discouraged many employers from hiring professionals who are not yet in Germany or who have not yet obtained the right of residence. Thus it is to be expected that the administrative offices do not have the capacity to deal with this new demand for professionals.
In recognition of these difficulties, the German government recently approved a new migration law with the aim of simplifying bureaucracy and speeding up the process of migration and integration of professionals. The law focuses on three main pillars: Qualification, experience, and potential.
Qualification immigration is the main point of the migration law, especially with the acquisition of the Blue Card for highly qualified professionals.
The previous Blue Card requirements included a higher education degree, work in a related field, and a minimum monthly salary, which in the year 2023, is €4,860 EUR gross. Under the new law, the salary threshold in 2023 will be reduced to €3,650 EUR gross per month. Please note that the monthly amounts change every year. In addition, technical courses lasting three years may also be considered for this type of visa and will allow professionals to work in any qualified employment.
The pillar of experience, will allow professionals with technical qualifications and at least two years of experience to work in Germany, even if their technical course is not recognized in the country, they will be offered the opportunity to seek recognition together with their employer.
The potential pillar introduces an opportunity card based on a points system for those who are interested in immigrating to Germany. Upon reaching a minimum of six points, applicants will have the opportunity to reside in Germany for up to one year, extendable up to two years, in order to find a job in their area of interest. During this period, they can work up to 20 hours per week.
The points system evaluates: qualifications, language proficiency (German and English), work experience, reference to Germany, age, and the possibility of spouses or partners joining them in Germany. A minimum requirement of A1 proficiency in German is required.
In addition to these pillars, the reform of the migration law also includes significant opportunities for family reunification, including parents and parents-in-law,, and the ability to apply for permanent residence after three years of residency.
The new law is a necessary step to attract and facilitate the entry of qualified professionals into Germany and has addressed the main bureaucratic challenges mentioned above.
However, for the law to be effective, administrative changes and updates are necessary. Simplifying paperwork bureaucracy is the initial step, but it will have little impact if the public administration continues to create barriers and impose difficulties with each new application. German consulates in various countries and migration offices express their inability to process applications in a proper time. It takes months or even years to schedule appointments and then even longer to get an answer.
The new law has the potential to significantly improve the labor shortage situation in Germany, but it is crucial that the German government recognizes the challenges facing public administration and makes the necessary changes. It's only then that the laws passed in parliament can reach those who need them and the intended objective of attracting skilled professionals to Germany can be fully achieved.
In conclusion, the new migration law in Germany, which is planned to come into force in November 2023 (it may still take 6-9 months for some aspects to be fully implemented) could be a positive and necessary advance for migration laws and will facilitate the entrance of skilled immigrants into Germany.
How we can help
Our office has been active in the field of migration law for many years and develops strategies with companies and candidates to cope with the shortage of skilled workers. Contact us if we can be of assistance to you.