The amendments to the Skilled Immigration Act are intended to provide skilled workers from abroad with better opportunities for training, study, and work in Germany. These measures are designed to address the shortage of skilled workers in Germany and to enhance the country’s appeal as a destination for qualified workers.
The amendments to the Act will be implemented in three phases from November 2023 to June 2024. The second phase takes effect on March 1. These changes are summarized below:
Entry, Residence, and Employment for the Recognition of Foreign Professional Qualifications
- Through qualification measures (Section 16d(1) and (2) of the Residence Act), skilled workers have the opportunity to have their foreign professional qualifications recognized in Germany. For this purpose, a residence permit is granted for 24 months (previously 18 months), which can be extended by 12 months (previously six months). In addition, part-time employment of 20 hours per week (previously 10 hours) or full-time employment in a field related to the profession is now permitted.
- The recognition partnership (Section 16d(3) of the Residence Act) entails an obligation on the part of both the skilled worker and the employer to actively pursue the recognition process after entry into the country. For visa issuance, an employment contract, the possession of a state-recognized professional qualification from the country of origin, and German language proficiency at the A2 level (CEFR) are required. This means that entry into Germany is possible without the recognition procedure having been initiated beforehand.
- The qualification analysis (Section 16d(6) of the Residence Act) applies when an equivalence assessment cannot be conducted due to the partial absence of required documents. In these cases, knowledge can be assessed through other procedures (e.g., work samples, technical interviews, etc.). During the stay, part-time employment of up to 20 hours per week or employment related to the equivalence procedure without time restrictions is permitted, provided the Federal Employment Agency approves. Subsequently, if necessary, an application may be filed for a stay to achieve full equivalence under Section 16d(1) or (3) or for a stay as a skilled worker under Section 18a.
Entry and Employment for Qualified Skilled Workers
- Entry and employment for individuals with extensive professional experience (Section 19c(1) and (2) of the Residence Act in conjunction with Section 6 of the Employment Regulation) has been expanded from the group of IT specialists to all sectors. Requirements for entry and employment in non-regulated professions include proof of at least two years of state-recognized vocational or higher education in the country of origin or a degree from a German Chamber of Commerce Abroad (AHK), as well as at least two years of professional experience. In the case of IT specialists, the requirement for a vocational or higher education degree is waived.
- The settlement permit is granted to skilled workers who hold a residence permit as a skilled worker after just three (instead of the previous four) years.
New Regulations in the Area of Asylum
- The new “track change” (Section 10 of the Residence Act) allows asylum seekers to obtain a residence permit as a skilled worker if they entered the country before March 29, 2023, have a job offer, and possess a qualification for employment.
Further information can be found in our information center as well as in our guides for businesses and for advisors.
You can read the full text of the law here.
