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IMMIGRATION

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

A new draft law has set out how Germany plans to plug its skills cap by rejigging its immigration laws. Here are the main points to know about.

Empty chairs in a classroom
Empty chairs in a classroom. Germany desperately needs more skilled workers, including teachers, moving to the country. Photo: picture alliance/dpa | Sebastian Willnow

When the Social Democrats (SPD), Greens and Free Democrats (FDP) came together to try and build a new coalition back in the autumn of 2021, there was very little that the three parties agreed on more than immigration.

While the negotiators thrashed out compromise positions on things like tax, transport, climate protection and welfare, bringing more skilled workers into Germany was a shared goal across the political spectrum. The question, since then, has been how.

In a new draft law released by Federal Interior Ministry and Ministry for Labour and Social Affairs on Monday, the government has set out its plans for a wide-scale reform of the immigration system.

The new framework could drastically relax rules on things recognition of qualifications and the criteria for obtaining a blue card, as well as making it more attractive for international students to come to Germany.

The aim is to pave the way for a new generation of migrant workers in Germany who will boost the economy and pay into the social system.

Why is Germany so desperate for workers? 

Put bluntly, Germany is woefully short-staffed in almost every area of the economy. From Kitas and hospitals to building sites and tech firms, the country needs workers to keep society running – but almost every sector is suffering from a skills gap.

According to the Ifo economics institute in Munich, almost half of all German companies were affected by staff shortages last year. In fact, experts estimate that around 400,000 new workers are needed in the country each year to compensate for the current shortfall. 

READ ALSO: Foreign workers filled over two-thirds of new jobs in Germany in 2022

Discussing the release of the new draft law, Interior Minister Nancy Faesar (SPD) said removing bureaucratic hurdles to immigration was “urgently needed”, adding that staffing issues had been exacerbated by the Covid pandemic. 

Meanwhile, Labour Minister Hubertus Heil (SPD) said the country was competing for “clever minds and helping hands” within an international labour market. 

“Our economic prosperity is also determined by our answers to securing skilled labour,” Heil said in a statement announcing the release of the new draft law. “That is why we are focusing on more education and training, more women in employment and flexible transitions into retirement.

“But we need additional immigration from abroad to have enough skilled workers in the country. With the new Skilled Workers Immigration Act, we are taking the necessary step forward.”

Labour Minister Hubertus Heil unveils the Bürgergeld plans on Wednesday.

Labour Minister Hubertus Heil unveils the Bürgergeld plans on Wednesday. Photo: picture alliance/dpa | Christoph Soeder

OK, so what’s on the agenda?

With the Skilled Immigration Act, the government’s key goal is to increase the number of workers coming to Germany by around 65,000 per year. 

To do this, it plans to build on previous legislation targeting skilled workers and construct a labour immigration policy based on three pillars: the skilled labour pillar, the work experience pillar, and the ‘potential’ pillar. 

This means that, as well as looking at formal qualifications like university degrees, future job offers and work permits could also be granted to people with experience in a certain field or the potential to contribute to the German labour market in a positive way. 

READ ALSO: ‘More jobs in English’: How Germany could attract international workers

Here are the key changes the government is hoping to bring in: 

Loosening Blue Card rules 

The EU’s Blue Card scheme is one of the best routes for skilled workers from a non-EU country to live and work in a member state – and the government is hoping to make it a lot more flexible.

For a start, the draft sets out proposals to lower the salary thresholds that are required for people to be eligible for a Blue Card, so lower earning potential won’t necessarily make it impossible to get this type of visa. This particularly applies to people with a university degree who just starting out in their career and can’t immediately demand a sky-high salary.  

Two Blue Cards for foreign skilled workers are on a table at the Federal Office for Migration and Refugees in Bavaria.

Two Blue Cards for foreign skilled workers are on a table at the Federal Office for Migration and Refugees in Bavaria. Photo: picture alliance/dpa | Daniel Karmann

In addition, the rules for IT professionals will be relaxed so that people with career experience or skills can be accepted for a Blue Card without a university degree. 

Once people have a Blue Card, they should also be able to change job more easily and also benefit from more clear-cut rules for moving between different member states. 

Finally, the draft states that “beneficiaries of international protection” – i.e. refugees – who have been granted asylum in an EU country should also be able to get a Blue Card in Germany.

Rolling out a new jobseeker’s visa 

A key change to Germany’s immigration law will be the introduction of the so-called ‘Chancenkarte’, or ‘Opportunity Card’, for people who want to look for a job in Germany.

As it stands, working visas are only granted to people with existing job offers, but the Opportunity Card will allow people to come to Germany for up to a year in order to look for work – provided they can sustain themselves during this time. 

Crucially, these permits will distributed to people with at least two years’ of higher education who earn enough points in the following categories, among others:

  • Age
  • Connection to Germany
  • Work experience
  • Language skills 

People with an Opportunity Card can not only take on part-time and temporary work, but they can also change the purpose of their stay in Germany at any time, for example by switching to a work visa or opting to undergo further training or study instead. 

“This increases flexibility and thus also the attractiveness of coming to Germany,” the draft states.

READ ALSO: Explained: How to apply for Germany’s new ‘opportunity card’ and other visas for job seekers

Making life easier for international students

The traffic-light coalition is also setting its sights on foreign students as a way to encourage a new skilled workforce into the country. 

In the draft law, it sets out plans to make studying in the country more feasible for people, which includes relaxing the rules around working as a student. 

That means that international students could in future have far more opportunities for earning money alongside their degree and may also be able to work more hours in order to make ends meet. In addition, the government says it wants to offer more flexibility to do other types of training alongside formal qualifications, for example by allowing students to take language courses alongside their studies. 

Students lecture hall

A student takes notes on their reading material in a lecture hall in Bremen. Photo: picture alliance/dpa | Sina Schuldt

Recognition of foreign qualifications 

Another significant change will be the way Germany handles foreign, non-EU qualifications. At present, many professionals from abroad require official recognition of their qualifications in Germany – an arduous process that is handled differently in every federal state. That means that if you move from Baden-Württemberg to Bavaria, for example, you often have the start the process all over again. 

In future, the government wants to scrap this formal requirement for people with high potential or who bring a significant level of professional experience with them. In these cases, foreign qualifications will be accepted as they are, provided the employer meets a certain salary threshold or is covered by a collective agreement to ensure fair working conditions.

READ ALSO: EXPLAINED: How Germany plans to make immigration easier for skilled workers

In other cases, people will be able to start the process of getting their qualifications recognised after they enter the country. This means they can start living, working and earning money in Germany while the bureaucratic stuff is being dealt with, rather than having to wait. 

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GERMAN CITIZENSHIP

The changes to Germany’s immigration and citizenship rules in June 2024

With sweeping reforms to immigration and citizenship laws coming into force in June, we round up key points you need to know about.

The changes to Germany's immigration and citizenship rules in June 2024

Immigration law changes – Opportunity Card arrives

2024 is a major year for immigration law changes in Germany. 

In November 2023, the government brought in the first phase of its new skilled worker law, with lower salary thresholds for Blue Card applicants and more flexibility for skilled workers to work in a range of professions.

In March 2024, Germany brought in more big changes to immigration rules, including quicker routes to permanent residence, amendments to make it easier for healthcare workers from outside the EU to move to Germany and relaxed family reunification rules. This was a controversial move because the new family rules only apply to workers coming to Germany after March and not those already here. 

READ ALSO: INTERVIEW – ‘Germany’s family reunion rules should be non-discriminatory’

In June 2024, another big change is coming. Germany is launching the ‘opportunity card’ visa, known as the Chancenkarte. 

This is a ‘jobseekers’ visa’ allowing eligible skilled workers from outside the EU to move to Germany for up to a year to look for a job. They are also able to work up to 20 hours a week while they do so. 

READ ALSO: How Germany’s opportunity card will allow easier entries for foreign workers from June

The general idea is that people must have completed at least two years of vocational training, or have a university degree from their country of origin relevant to the vocation, as well as language skills in German or English. 

Applicants whose qualifications aren’t officially recognised in Germany can still apply for the opportunity card if they achieve at least six points, which are granted for things like language skills, connections to Germany, professional experience and age. 

Potential applicants can find out more information and apply for the Opportunity Card at the German Consulate in their origin country, or at an immigration office (Ausländerbehörde) in Germany.

Those interested can also do a quick check to see if they qualify on this website.

A flight near Frankfurt airport.

A flight near Frankfurt airport. People looking to come to Germany can apply for the Chancenkarte. Photo: picture alliance/dpa | Boris Roessler

Extension of West Balkans regulation

Another big change in June applies to the so-called West Balkans regulation. Under a clause that was meant to expire in 2023, people from the West Balkan countries of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia are able to enter the German job market in any non-regulated profession.

In June, this will be extended indefinitely, with a quota of 50,000 employment visas per year.

Germany’s new citizenship law comes into force – June 27th

The modernisation of German citizenship law enters into force on June 27th – a moment foreign residents in Germany have been waiting years for.

Here are the key points you need to know at a glance:

Required residency period reduced

The amount of time you need to have lived in Germany to apply for the standard route to naturalisation in Germany will be reduced from eight years to five years under the law change.

In case of special integration achievements and proof of fluent German (C1 level), applicants can choose the fast-track option to German citizenship which will require just three years of legal residence in Germany. The fast-track option is currently six years and requires B2 level German skills.

READ ALSO: Requirements, costs and permits – 6 essential articles for German citizenship

Language skills and citizenship tests

Having B1 level German remains the requirement for citizenship through the standard route. As previously mentioned, a level of C1 German will be needed for the fast-track route.

Another change under the new law is that applicants who came to former West Germany from the so-called ‘guest worker generation’ and contract workers who came to former East Germany will not have to take a language test to naturalise as German. The same is true for certain hardship cases, such as having a disability or age. 

READ ALSO: How good does your German have to be for the different paths to citizenship?

For those affected, no specific language requirement exists – but applicants must be able to communicate sufficiently with their case workers, unaided by a translator.

In general, doing a German citizenship test will still be required under the new rules — but certain people in the carve-out situations mentioned above are exempt from taking it. 

READ ALSO: How can over-60s get German citizenship under the new dual nationality law?

A German dictionary. Shelley has learned a new language in her time in Germany.

A German dictionary. Photo: picture alliance/dpa | Oliver Berg

Dual citizenship allowed for all 

A headline change under the reforms is that people won’t have to give up their passport to become German. Dual or multiple nationalities will be allowed for all. Previously, only EU nationals were allowed to hold more than one citizenship when becoming German, or under certain exceptions. 

However, it’s worth noting that the rules of people’s origin country will need to be taken into account. For instance, if your home country does not allow people to hold dual nationalities, you may need to give up your passport. One example of this is Indian law, which does not allow for dual or multiple citizenships. 

Similarly, German citizens who live abroad won’t have to give up their German nationality if they want to naturalise in the country they live in — provided their new home allows it. 

Financial requirements 

The principle from the current law remains — anyone who wants to naturalise in German must be able to support themselves.

However, there are no clear rules on how much money someone needs to have or earn. This is assessed on a case-by-case basis and depends on several factors – for example – if you have dependents such as children or a spouse.

Having to rely too much on the welfare state will be an obstacle to getting citizenship, although it depends on the type of benefit and people’s individual situation. 

READ ALSO: How much do you need to earn to qualify for German citizenship?

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