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IMMIGRATION

Could bureaucracy trip up Germany’s planned points-based visa system?

The German government is currently working on a wide-scale revamp of its immigration laws - including plans for a points-based residence permit for skilled workers. But experts are concerned that relentless bureaucracy could still be off-putting for would-be immigrants.

Foreigner's Office Frankfurt am Main
A sign points to the Foreigners Authority and the Public Order Office of Frankfurt am Main. Photo: picture alliance/dpa | Sebastian Gollnow

Germany is forging ahead with its overhaul of immigration laws at an unusually fervent pace.

Earlier this year, the Interior Ministry drafted its Skilled Immigration Act, laying out plans for looser immigration rules for skilled workers and a new points-based permit. Within weeks, the draft had been signed off on by the cabinet, paving the way for a parliamentary vote.

In re-shaping the immigration system, the government hopes it can increase the number of skilled workers coming to the country by as many as 65,000. It wants to hit its targets by making the Blue Card system more flexible and attractive, relaxing rules for the recognition of qualifications, wooing international students and offering new routes for skilled people to enter the country. 

READ ALSO: KEY POINTS: What’s in Germany’s new draft law on skilled immigration?

Explaining the rationale behind the changes, Green MP Misbah Khan – who has been working on the reforms – said Germany wanted to follow in the footsteps of other countries with successful immigration policies.

“We want to have a transparent points system that gives people the opportunity to come to Germany and look for work,” she told The Local’s Germany in Focus podcast. “Immigration countries such as Canada and New Zealand have that practice installed and they’ve had a good experience with that – so why not try it? It’s a proven practice and to be more visible and more attractive and show that you’re interested in people coming.”

At present, she said, Germany is “very, very unattractive” for skilled migrants – an issue that the coalition of the Social Democrats (SPD), Greens, and Free Democrats (FDP) is keen to change.

But not everyone is convinced that the revamp of the immigration system will have the desired effect. 

‘Change of mindset’

Speaking on Germany in Focus, Jan Dannenbring, a specialist in labour law at the German Confederation for Skilled Crafts, said that despite the positive changes, the major problem of German bureaucracy would remain. 

“The German government is doing what it can to make it more attractive for foreign workers to come to Germany,” he explained. “But the big ‘but’ is really the administration. If the administration doesn’t work as well as it should, then many foreign workers will just not seize these opportunities, but rather go to other possible countries.”

Dannenbring said he appreciated the “change of mindset” in the forthcoming law and the fact that it provides “many new possibilities to come to the German labour market”. 

In particular, he was impressed by a relaxation of work permit rules that could allow people with just two years of training and two years of professional experience to move to the country, even if their qualifications aren’t officially recognised yet. 

However, the labour law expert said he was concerned that backlogs in processing visas could get worse under the planned points-based system – and that it may not bring people into the country.

“It (the points-based system) is an interesting feature of the new migration law, but I have doubts if it will make the migration law much more attractive than it is at the moment,” Dannenbring said.

Visa application forms

Visa application forms at Hamburg Foreigner’s Office. Photo: picture alliance/dpa | Jonas Walzberg

The addition of the points-based visa is inspired by Canada and other countries that base their whole migration system on points, he added. 

“In Germany we have a totally different structure of our migration law – it is based on certain specified resident permits and for certain categories of migrants: for trainees, for specialists, for people who want to seek a recognition of their diplomas and so on.”

Since Germany will keep its existing permits in place – but simply include points an alternative route for arriving in the country – the points-based Chancenkarte feels rather “artificial”, Dannenbring explained. 

“It will also put an additional burden on the administration to see it through, because it’s quite difficult to distribute the points,” he said. “And how many points do you give for which qualification, for which language and knowledge, which age and so on. So I really have doubts that this new system will work so well – I don’t think that it will lead to much more migration as it is.”

READ ALSO: Chancenkarte: How many points could you get on Germany’s planned skilled worker visa?

Long delays 

The off-putting bureaucracy that foreigners have to go through in Germany has been well-documented in recent years. 

Last December, The Local reported several stories of internationals struggling with a dearth of appointments, long delays and a lack of transparency at the Foreigner’s Office. 

This could be an issue that lessens the attractiveness of the country as a destination, even after the visa rules have been relaxed. 

Speaking to The Local, Green MP Khan agreed that the waiting times for visa appointments and the level of bureaucracy was currently too high in Germany. 

Green MP Misbah Khan

Green MP Misbah Khan, who is currently working on the immigration reforms.

However, she said this was also on the government’s radar and an issue that they were working hard to solve alongside the changes to the immigration system. 

“The workload of migration authorities is really, really high in Germany,” Khan explained. “On one hand, we need to ensure that the migration authorities have good enough resources and the resources they need – so we need to provide financial resources but also the necessary personnel.

“On the other hand, the current procedures are really, really inefficient – so many bureaucratic steps can be optimised and have to be improved. So this is where I see the greatest potential to reduce the workload in these migration authorities. This is something we will tackle as well.”

READ ALSO: ‘Traumatising’: Foreign residents share stories from German immigration offices

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WORKING IN GERMANY

How generous is Germany’s unemployment benefit system?

Germany is often ranked among the top countries for the best unemployment benefits. What are the conditions for getting financial support if you find yourself without a job - and how much can you expect to receive?

How generous is Germany's unemployment benefit system?

If you lost your job – or walk away yourself – there are a few steps to take to ensure that you receive financial support during your unemployment.

How to register

To receive relief when you are unemployed, you must register at the Federal Employment Agency. Once your case is reviewed to ensure you are eligible you can begin receiving unemployment benefits. 

You must visit the Federal Employment Agency (BA, or Bundesagentur für Arbeit) in person or online at the earliest three months before your employment ends.

READ ALSO: What happens to your residency permit if you lose your job in Germany?

If your employer does not provide you with advance notice of your contract termination, then you need to visit the Agency three days after you know of your unemployment. You do not need an appointment. 

There are strict protections against unlawful termination of employment, but not all employers are aware of the rules. If you find yourself unlawfully terminated you may be entitled to a severance payment

If you register too late you could receive a Sperrzeit, or disqualification period which would decrease your unemployment benefits. 

Is unemployment available after quitting your job?

Yes, but you may have to wait for those benefits to kick in. For individuals who resign to find employment elsewhere and need unemployment benefits while looking for their next step, you can also visit the Federal Employment Agency in person or online at the earliest three months before your employment ends. 

The BA will require you to wait three months after your notice period before you can receive benefits, so it is advantageous to schedule an appointment before you leave the job.

This period can be waived if you can show that your job took a toll on your health (with a doctor’s note), your new employment contract was canceled, and / or you can prove you resigned without notice because of employer misconduct like not receiving pay. 

What unemployment benefits are available?

There are two types of unemployment benefits available in Germany. 

  • Unemployment Benefit 1 is an insurance-based benefit available if you contributed to the unemployment insurance system during your employment. You will receive benefits according to your contributions to the system while employed. 
  • Unemployment Benefit 2 or Bürgergeld is a benefit for individuals and families facing financial hardship because of unemployment or low income. This benefit is funded by federal taxes.

READ ALSO: Bürgergeld: Germany’s monthly unemployment benefit to rise by 12 percent

A woman clicks on an online application for Bürgergeld

A woman clicks on an online application for Bürgergeld, Germany’s long-term unemployment benefit. Photo: picture alliance/dpa | Carsten Koall

Eligibility for unemployment

Regardless of which unemployment benefit you are eligible for, you must be a legal resident of Germany, registered as unemployed, actively looking for a job, and between the ages of 15 and 65.  

To be eligible for Unemployment Benefit 1, you must have been employed and contributed to the unemployment insurance system for at least 12 months in the past two years before becoming unemployed.

You may also be eligible for this benefit if you raised a child until the age of three, received sick pay, voluntarily signed up for unemployment insurance while freelancing, or completed voluntary military service, federal volunteering or youth service.

To be eligible for Unemployment Benefit 2, expats who are facing financial hardship must meet the means test criteria set by the job centre. Foreigners must also fulfill at least one of the following scenarios:

  • Registered resident in Germany for at least 5 years
  • Previously received Unemployment Benefit 1, but benefits ran out
  • Worked in Germany for three of the last six months, and are not entitled to unemployment benefit 1

What is covered by unemployment benefits?

Unemployment Benefit 1 is based on previous earnings so it partially covers living expenses and housing. Recipients will also remain covered by health insurance. 

Unemployment Benefit 2 covers essential living expenses including food, clothing, 

It covers rent and heating costs up to the rate set by each state and recipients receive 

Both categories can receive job-seeking assistance, free professional training and counseling to improve job opportunities. 

How much money will I get?

Recipients of unemployment benefit 1 can expect to receive 60 percent of their gross income, or 67 percent if they have children. It is important to note that the money you receive is taxable. Germany also ignores gross income above €90,600 when deciding benefits. 

Bürgergeld recipients can expect up to €563 per month along with the payment of other living expenses and housing. Local authorities set rates for “reasonable” accommodation costs based on the region’s cost of living. Check with your local ‘jobcentre’ to determine what the allotment will be.   

The jobcentre in Berlin Mitte.

The jobcentre in Berlin Mitte. Photo: picture alliance/dpa | Philipp Znidar

How long do unemployment benefits last?

For those receiving Unemployment Benefit 1, assistance typically lasts between 6 to 12 months. If you are over 50, the benefits can last up to 2 years. Still, you could receive less unemployment benefits if you face a Sperrzeit or assistance disqualification period. 

Changes proposed to Germany’s system

And Germany’s unemployment system may face another shakeup. 

That’s because the CDU proposed several changes to Bürgergeld, Germany’s long-term unemployment benefit. The center right party said in a statement it wants to “abolish it in its current form” and rename the program to “Neue Grundsicherung” or New Basic Security. 

What are the proposed changes?

Under the current proposal, stricter sanctions would be established to reduce benefits if appointments at the jobcentre are missed with no excuse or recipients refuse employment. 

The CDU resolution also intends to prevent Totalverweigerer (complete refusers), unemployment recipients who are able to work but refuse to do so, from receiving any benefits. 

Germany’s Constitutional Court decided in 2019 that a 100 percent cut was not constitutional. But the country’s highest court found that a 30 percent cut in benefits could be permissible but anything higher than 60 percent was unreasonable. It is unclear how the CDU plans to clear this hurdle when implementing the plan. But for “total refusers” it may be permissible to fully cut benefits

The SPD and the Green party rejected the CDU initiative. SPD leader Lars Klinbeil rejected the plan in a statement to Tagesschau

“The amount of citizens’ money is determined by a constitutional court decision. This has now been implemented, with the consent of the Union, by the way,” he said. “We need to have other debates than attacks on the welfare state.”

The federal and state governments also met to discuss potential changes to refugee policy. 

New Ukrainian refugees may also no longer receive Bürgergeld, instead the group will receive monetary assistance through the Asylum Seekers’ Benefits Act, according to a recent CSU proposal. 

Under this proposal a single asylum seeker would be entitled to a maximum of €460 in monthly assistance through the Asylum Seekers’ Benefit. This represents a slight decline from the €563 Ukrainian refugees could receive previously through Bürgergeld. 

In 2023, nearly 6 million people received Bürgergeld benefits. There is no national data on how many benefit recipients fall under the “complete refuser” category. 

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