Fewer hurdles for the employment of foreign skilled workers
The "Act on the Further Development of Skilled Labour Immigration", which consists of several parts, has been gradually coming into force since November 2023. The focus here is on reducing the legal and administrative hurdles for the Immigration of skilled labour from non-EU countries to Germany and thus facilitate these people's access to the German labour market. The legal reform is based on a 3-pillar modelconsisting of a skilled labour, experience and potential pillar.
What has applied since November 2023
In November last year, the so-called Skilled labour pillar came into force. The centrepiece is the lowering of the requirements for obtaining the EU Blue Card (also called Blue Card). The Blue Card is a residence permit for academics or persons with a comparable qualification from outside the EU. To make it easier to obtain the Blue Card, the salary threshold has been lowered and the group of people eligible for the Blue Card has been expanded.
The restriction that foreign skilled workers may only pursue an occupation that corresponds to their professional qualification has also been lifted. This means that foreign skilled workers who have completed qualified vocational training or a university degree are not restricted to jobs related to their training when looking for a job. However, there are exceptions for regulated professions such as healthcare and nursing.
In addition, the legislator has amended the regulations for the employment of foreign professional drivers changed. The existence of the required EU or EEA driving licence and professional driver qualification is no longer checked by the Federal Employment Agency. The companies themselves are now responsible for checking these requirements. In addition, the Federal Employment Agency has dispensed with the previously mandatory priority check for professional drivers and no longer requires language skills.
The so-called Western Balkans regulationwhich would have expired at the end of 2023, was cancelled and is therefore valid indefinitely. According to this regulation, people from Albania, Bosnia-Herzegovina, Kosovo, North Macedonia, Montenegro and Serbia can enter Germany to take up employment within a certain quota. Currently, approvals from the employment agency are still limited to 25,000 per calendar year. From June 2024, this quota will be increased to 50,000 per calendar year.
Second stage of reform in force since March 2024
The second stage of the legal reform has been in force since 1 March 2024. This means that the so-called Experience column was introduced. This means that non-EU foreigners are allowed to work in Germany if they have At least two years of professional experience and via one in the country of origin state-recognised professional qualification with at least two years of training. Under these conditions, foreign employees may work in Germany even if their qualifications acquired abroad are not formally recognised in Germany. In order to prevent wage dumping, either a salary threshold must be met or the employer must be bound by collective agreements.
The Recognition of a foreign professional qualification in Germany has now been finalised as part of a so-called Recognition partnership possible on a part-time basis. Employers and employees undertake to carry out the recognition procedure swiftly as part of an agreement. The prerequisite for the recognition partnership is that an employment contract exists and that a professional qualification recognised in the country of origin with at least two years of training or a university degree can be proven.
In addition qualified nursing assistants from abroad have easier access to the German labour market. The prerequisite for employment in Germany is that the training as a care assistant was acquired in Germany or is recognised here. This is intended to counteract the existing staff shortages in the care sector.
In addition, the Residence permit for qualification measures extended. A residence permit of 24 months can now be issued for a so-called adaptation qualification, whereby an extension of up to a total duration of 3 years is possible. Previously, a residence permit of a maximum of 18 months was required for such a qualification in Germany. The foreign skilled worker may work up to 20 hours per week while gaining the qualification.
Short-term employment possible regardless of qualification
A new regulation for short-term contingent employment of people from outside the EU is intended to help companies respond to staff shortages at peak times. This regulation supplements the Skilled Immigration Act and has also been in force since 1 March 2024, allowing the temporary employment of foreign workers. regardless of their professional qualification take place. This means that people without a vocational qualification are also eligible for short-term employment.
In the context of short-term employment, a Employment of up to 8 months is possible. The prerequisite is that the employee is employed for at least 30 hours per week and the employer is bound by collective agreements. Remuneration must be in accordance with the collective agreement and the employer must cover the travelling expenses incurred. The Federal Employment Agency checks whether the requirements for short-term employment are met and then issues a work permit if the requirements are met. The Federal Employment Agency has set a quota of 25,000 permits for 2024. However, the employment of harvest workers in agriculture does not fall within this quota.
"Potential pillar" from June 2024
From June 2024, people who wish to enter the country to look for work and have the necessary potential for the German labour market can apply for a so-called Opportunity map get a residence permit. The opportunity card is based on a points system and results in a temporary residence permit for one year. Points are awarded according to certain criteria such as German and English language skills, work experience and age.
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