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IMMIGRATION

How foreigners will be able to bring their families to Germany under new skilled worker law

Under the new Skilled Worker Immigration Act, foreigners in Germany will not only be able to reunify with their spouses and children, but also their parents and step-parents as well.

Published: 30 June 2023 17:06 CEST
Updated: 2 July 2023 12:02 CEST
Parents hold hands with their child in Germany.
Parents hold hands with their child in Germany. Photo: picture alliance/dpa | Peter Kneffel

On June 23rd, the German Bundestag passed one of the most wide-reaching reforms of immigration law the country has seen for several years.

With lower salary threshold for Blue Cards and a new points-based system for those with professional qualifications, the changes are designed to create smoother and less bureaucratic routes for skilled workers to relocate to Germany.

In the latest changes to the some 100-page draft law, the Interior Ministry has inserted a clause that will significantly liberalise family reunification for workers in Germany.

Previously, foreigners with certain types of residence permit could bring their spouse or registered partner to Germany, as well as their underage or dependent children.

But in a last-minute addition the sweeping immigration reforms, the coalition government has broadened this out to include foreigners’ parents and parents-in-law. These are the key changes we know about so far:

  • Parents and parents-in-law will be permitted alongside spouses and children under 18
  • Skilled workers will no longer have to prove their have sufficient space to house their family
  • The application process should be streamlined and simplified
  • For people with certain types of EU-wide residence permit, reunification permits will be expedited

The changes, although not in place yet, bring German law closer to EU immigration law, which allows reunification with parents from non-EU countries in an EU country provided they are dependent on their child for support, i.e. in cases of illness or disability. However, there is no suggestion that these conditions would be attached to a reunification application under the new German law.

Who is entitled to family reunification under German law?

Under the original Skilled Workers Immigration Act, which was passed in March 2020 by the previous coalition government, skilled workers in Germany can bring relatives to join them if they have one of the following permits:

  • An EU Blue Card, a Mobile Inter-corporate Transferee (ICT) Card, or an EU Permanent Residence Card, or
  • A German residence permit or permanent residence permit.

According to the Interior Ministry, people who want to bring their parents or parents-in-law to join them will need to have entered the country on a residence permit on or after March 1st, 2024.

READ ALSO: 8 things to know about Germany’s new skilled worker immigration law

What are the conditions for applying for family reunification?

There are some complexities and variations in the way the law treats people with different nationalities, but ultimately the main prerequisite is the same: proving you can support your relatives once they join you in Germany.

Under current law, this includes proving your salary can support you, your spouse, children and parents (if required), and that the living space you have is “sufficient” for all of these family members.

In terms of living space, the general rule of thumb is that your apartment or house should offer at least 12 square metres of living space per family member over the age of six, and 10 square metres for each family member under the age of six. This can’t include living space that is used or shared by third parties.

However, the Interior Ministry has confirmed to The Local that, in future, foreigners who want to bring their spouse or underage children to Germany will no longer be required to prove they have adequate living space. These relaxed rules will come into force when the new law is implemented.

A sign points to the Foreigners' Authority and the Public Order Office in Frankfurt am Main.

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

Under current rules, you should also have statutory health insurance that your family members can share.

Your spouse should have at least A1 German, and children under the age of 18 should not be married, divorced or widowed.

It’s worth noting, however, that some of these requirements may change further when the law comes into force. It’s so far unclear, for example, if parents and parents-in-law will also have to prove basic German language skills, or whether this requirement will be scrapped.

Nevertheless, the requirement to be able to support your family will remain in place.

How does the process work?

At the moment, relatives who want to apply for family reunification have to apply for a family reunification visa at their local consulate or embassy in their home country.

They will first need to fill in an application form and provide a number of documents, including their passport, a passport photo, marriage certificate and proof of language skills (if needed), a copy of their partner’s residence permit and proof of sufficient income and living space.

After a visa is issued, family members can travel to Germany and register as a resident at their local Bürgeramt.

As mentioned, the requirement to prove sufficient living space will be dispensed with in future, but it’s likely that most other aspects of the process are likely to remain the same.

READ ALSO: German Bundestag passes sweeping immigration reforms bill

In what ways will family reunification be streamlined and sped up?

It’s unclear if the process will be made easier for everyone in the future, but the latest version of the Skilled Worker Immigration Act does mention certain deadlines for issuing visas for the family members of foreigners with certain types of visas.

Specifically, people applying for an EU permit such as a Blue Card, ICT Card or Mobile ICT Card can submit an application for their family members at the same time as they submit their visa application, and both applications must be decided on at the same time.

An application form for a Schengen visa.

An application form for a Schengen visa. Photo: picture alliance / dpa | Ole Spata

In cases where the applicant previously held an EU Blue Card from another member state, and if family members will enter Germany after the Blue Card has been issued, authorities must decide on their application within 30 days – except in “exceptional circumstances”.

That would considerably speed up the process of family reunification, assuming – and this is a big assumption – that authorities can keep abreast of all the applications they receive.

READ ALSO: Germany or Austria: Where is it easier to get an EU Blue Card?

When will the new rules come into force?

Following the Bundestag’s approval for the new law on June 23rd, it will be voted on by the Bundesrat on July 7th – just before the summer recess.

If all goes to plan, it means that the bill will then be sworn into law by the President, with the bedding-in period starting in the autumn or winter of 2023. A spokesperson for the Interior Ministry has confirmed that the law should then enter into force in March 2024.

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SCHOOLS

What is Germany’s digital pact for schools and how does it affect pupils?

A key programme for digitalision in German schools expires on May 16th. Has the initiave been successful - and what comes next?

Published: 16 May 2024 16:57 CEST
What is Germany's digital pact for schools and how does it affect pupils?

When it comes to digitalisation, Germany is a country very much under construction – and nowhere has that been more apparent than in schools. 

During the Covid-19 pandemic years, pupils suffered major setbacks as schools struggled to set up the infrastructure for remote and digital learning. 

This failure to set up digital learning quickly enough is seen as a key reason for Germany’s dismal performance in recent rankings of schools around the world.

Perhaps the most shocking of these came from a 2018 PISA study that ranked Germany 66th out of 78 countries in the availability of digital learning tools and 76th out 78 in the digital skills of teaching staff.

Desperate to turn things around, the federal and state governments launched their ‘Digital Pact for Schools’ back in 2019, earmarking a total of €6.5 billion for improving things like Wifi, the availability of digital equipment and administrative support.

Five years later – as the scheme expires – there are signs that the project has been a success. 

READ ALSO: German school pupils plummet to ‘lowest score ever’ in international rankings

How has the Digital Pact changed schools in Germany?

The €6.5 billion investment package consisted of €5 billion for boosting digital infrastructure in schools, €500 million for administrative support, €500 million for digital tools for teachers and a €500 emergency package for helping schools get set up for remote learning during the pandemic.

This was divided between the 16 federal states, with larger sums going to the states with the biggest populations and the highest number of schools. 

According to the Ministry of Education, around 90 percent of this sum has been either spent or earmarked since the fund was set up, with schools mostly using the money to purchase equipment like tablets and laptops for their classrooms. 

Out of the some 32,000 schools in Germany, around 29,000 benefited from the investment, the ministry revealed.

In the state of Bavaria alone, the Digital Pact helped fund 280,000 additional tablets in schools, bringing the total number up to 336,000. The number of digital classrooms, meanwhile, rose by 53,000 to 77,000 and the number of classrooms connected to wifi jumped by more than 60,000 to 101,000. 

Summing up the progress made in the last half decade, Stefan Düll, president of the German Teachers’ Association, said: “Most schools now have a good internet connection right up to the edge of the street,” even if no high-speed internet is available in the area. 

READ ALSO: School drop-outs rise across Germany as resources and teachers spread thin

According to the headteacher, there has also been significant steps forward in learning platforms, training for teachers and the availability of devices like tablets in schools. “Teaching can now utilise digital possibilities in many places,” he added. 

Is there still room for improvement?

Despite the investment, progress has been much slower in some regions and there are still many schools that don’t have access to wifi at all.

Düll also pointed out that, for schools to maintain high standards, there needs to be continuous investment for renewing subscriptions and replacing outdated or broken devices. This hasn’t always been forthcoming, he said. 

In addition, teachers often lack the administrative support they need to ensure that a digital lesson actually takes place in the case of technical problems. When it comes to training courses to get set up for digital learning, teachers are often unable to find the time while working more than 40 hours per week and coping with ever-worsening staff shortages.

School pupil in Germany

A school pupil studies history on a laptop at school in Germany. Photo: picture alliance/dpa | Marijan Murat

Finally, Düll sees room for improvement in the government’s attitude towards artificial intelligence (AI) and finding safe and ethical ways to incorporate it in the classroom.

“AI has an incredible amount of potential, an incredible amount of opportunities for our country as a whole, for Germany as a business location,” he said, “and Germany still has the chance to be at the forefront.”

However, since the current Digital Pact only mentions AI in passing, schools currently have to shell out for this themselves – and licensing software with high data protection standards doesn’t come cheap. 

Will there be a Digital Pact 2.0? 

There should be, but currently it’s unclear what form it will take or how it will be financed. 

Though the new pact is due to kick off in 2025, Education Minister Bettina Stark-Watzinger (FDP) is currently locked in a battle with the state culture ministers over where the money for the next investment programme should come from.

Previously, 90 percent of the funding came from the federal government, while just ten percent was put forward by the states. This time around, however, Stark-Watzinger is demanding a 50/50 split and also wants more say in how the programme should work.

One key sticking point is the amount of funding put into additional training for teachers. “The Digital Pact 2.0 must not become a mere order list for digital devices,” the FDP politician said recently. “Teachers are central to good digital education and need appropriate further training.”

Education Minister Bettina Stark-Watzinger (FDP) in Berlin

Education Minister Bettina Stark-Watzinger (FDP) in Berlin. Photo: picture alliance/dpa | Christophe Gateau

From the Education Ministry’s perspective, the next Digital Pact should expire in 2030 and function as the last major investment from central government. 

However, the states disagree on almost every front.

Not only would state education ministers like to see the 90/10 funding continue, but they also reject the idea of the federal government interfering on what the money should be used for. That’s largely because, under Germany’s federal system, states are primarily responsible for governing schools and education. 

In addition, the Länder reject the idea of an end date and would like to see the investment continue indefinitely.

READ ALSO: Six surprising facts about Germany’s school system

It’s still unclear when the next Digital Pact may be finalised. Relations between Stark-Watzinger and the state culture ministers have soured to such an extent that the FDP politician refused an invite to the next Culture Ministers’ Conference (CMK) that’s due be held in Saarland this June.

That means the deadlock is likely to continue into the foreseeable future. 

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