The amendments to the Skilled Immigration Act are intended to offer skilled workers from abroad better opportunities for training, study, and work in Germany. These measures are designed to combat the shortage of skilled workers in this country and increase Germany's attractiveness as a destination for qualified workers.
The amendments to the Act will be implemented in three stages between November 2023 and June 2024. The second stage will come into force 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, it is now possible to take on a part-time job of 20 hours per week (previously 10 hours) or a job with no time restrictions in a related field.
- The recognition partnership (Section 16d (3) of the Residence Act) includes the obligation of the skilled worker and employer to actively pursue the recognition procedure after entry. A work contract, a state-recognized professional qualification in the country of origin, and German language skills at A2 level (GER) are required for visa distribution. This means that entry into Germany is possible without the recognition procedure having already been initiated.
- The qualification analysis (Section 16d (6) AufenthG) comes into play if an equivalence assessment cannot be carried out due to the partial absence of the necessary documents. In such cases, knowledge can be assessed by other means (e.g., work samples, technical interviews, etc.). During the stay, secondary employment of up to 20 hours per week or employment related to the equivalence procedure is possible without time restrictions, provided that the Federal Employment Agency agrees. Subsequently, if necessary, a stay to achieve full equivalence in accordance with Section 16d (1) or (3) or a stay as a skilled worker in accordance with Section 18a may be applied for.
Entry and employment for qualified skilled workers
- Entry and employment for persons with extensive professional experience (Section 19c (1) and (2) of the Residence Act in conjunction with Section 6 of the Employment Regulation Ordinance) has been extended from the group of IT specialists to all sectors. The requirements for entry and employment in non-regulated professions are 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) and at least two years of professional experience. In the case of IT specialists, the requirement for a vocational or higher education degree does not apply.
- The settlement permit is granted to skilled workers who have a residence permit as skilled workers after only three (instead of four) years.
New regulations in the area of asylum
- The new "lane change" (§ 10 AufenthG) enables 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 are in possession of an employment qualification.
Further information can be found in our information center and in our handouts for companies and advisors.
You can read the entire text of the law here.
