Opportunities for Skilled Workers Under the Skilled Worker Immigration Act (FEG)

The Skilled Workers Immigration Act (FEG) took effect on March 1, 2020. The law makes it easier for qualified skilled workers from third countries to immigrate to Germany. The aim is to counteract demographic change and the resulting shortage of skilled workers. In 2023, an amendment to the FEG was passed: the Act on the Further Development of Skilled Worker Immigration. The changes took effect in three phases: November 2023, March 2024, and June 2024.

Essentially, the FEG governs the following options for skilled workers from third countries to reside in Germany: 

• Residence permit as a recognized skilled worker: Both college graduates and employees with vocational training are considered skilled workers. Since November 18, 2023, recognized skilled workers have been able to accept any qualified employment in non-regulated professions. No proof of language proficiency is required. The prerequisite is the existence of an employment contract. Since November 18, 2023, there has also been an entitlement to the residence permit if all requirements are met. Previously, the residence permit was discretionary.
   
• Residence permit for university graduates and specialists in certain occupational groups from third countries: the EU Blue Card.
  The requirement for obtaining it is a German or foreign university degree that is comparable to a German university degree or—since the amendment—an equivalent degree from the tertiary education system (Exception: IT specialists may receive the EU Blue Card even without a university degree). In addition, an employment contract with a specified minimum salary must be in place. This minimum salary was reduced as of November 18, 2023: to 45.3% of the annual contribution assessment ceiling in the pension insurance system for shortage occupations and entry-level professionals (in 2023: approximately 39,680 euros) and 50% for all other occupations (in 2023: approximately 43,800 euros). Furthermore, family reunification and mobility within the EU have been made easier for holders of the EU Blue Card.
   
• Residence permits for the recognition of a foreign professional qualification:​​​​​:
  • Partially recognized skilled workers may enter the country to complete their qualification if they have language skills at level A2 (CEFR), a degree recognized in their country of origin, and a recognition notice stating “partial recognition.” Since March 2024, part-time employment has been permitted while the compensatory measure is being carried out. Since March 2024, the residence permit has also been issued for two years, whereas previously it was only valid for 18 months.
  • The Recognition Partnership took effect in March 2024. The issuance of a visa is contingent upon the skilled worker and the employer committing to apply for recognition after entry and to actively pursue the process. The basic requirements are: an employment contract, a professional qualification (at least two years of vocational training or a university degree recognized in the country of training), and German language proficiency at level A2 (CEFR). The residence permit is generally issued for one year and can be extended for up to three years.
  • Since March 2024, entry for the purpose of a qualification analysis has been possible. Applicants seeking recognition who, in the assessment of the competent authority, should undergo a qualification analysis in Germany to determine the equivalence of their foreign qualification may be granted a residence permit for up to six months for this purpose. Requirements include, among other things, German language proficiency at level A2 (CEFR).
• Special provision for professional experience: The possibility for individuals with professional experience to enter the country and work was expanded in March 2024 and has since applied to all non-regulated professions. Requirements include a vocational or university degree recognized in the country of origin or a degree from a German Chamber of Commerce Abroad. In addition, at least two years of experience in the intended profession are required. Formal recognition of the qualification in Germany is not required. However, a minimum salary of 45% of the annual contribution assessment ceiling for pension insurance must be earned, unless the employer is bound by a collective bargaining agreement.
  • For IT specialists, access to the labor market is further facilitated: The required professional experience is reduced to two years (previously three years). A vocational or university degree is still not required. Language proficiency no longer needs to be demonstrated for the visa.
• Entry for Job Search:
  • Introduction of the Opportunity Card for job seeking in June 2024:
    • Third-country nationals who can demonstrate full equivalence of their foreign qualifications and are therefore considered “skilled workers” under Section 18(3) of the Residence Act (AufenthG) will receive the Opportunity Card without any further requirements.
    • All others must provide proof of a foreign college degree, a vocational qualification of at least two years’ duration (each state-recognized in the country where the training was completed), or a vocational qualification issued by a German Chamber of Commerce Abroad. In addition, either German language proficiency (Level A1 CEFR) or English language proficiency (Level B2 CEFR) is required.
      Applicants can also earn points for the recognition of their qualifications in Germany, work experience, age, and other factors. A minimum of six points must be earned to receive the Opportunity Card.
      The Opportunity Card is issued for one year, provided that the applicant has sufficient means of support. During the stay, trial employment or part-time work is permitted. If, after that, you are unable to obtain another work permit (Sections 18–21 of the Residence Act) but have an offer for skilled employment, the Opportunity Card can be extended for an additional two years.
• Accelerated Skilled Worker Procedure (Section 81a of the Residence Act): The accelerated skilled worker procedure was introduced when the FEG took effect in March 2020. It is aimed at (prospective) skilled workers from third countries who are still abroad and enables significantly faster entry through streamlined administrative procedures. The procedure is open, among others, to skilled workers with vocational or academic training, apprentices, IT specialists with professional experience, and research personnel. Employers in Germany play an active role in this process: If a concrete job offer is available, they can initiate the procedure with the relevant immigration office using a power of attorney from the skilled worker. The agency then coordinates the recognition of the qualification (if the recognition process has not already been initiated by the skilled worker), approval for employment from the Federal Employment Agency, and preliminary approval for the visa. The entire process is governed by legally prescribed deadlines and can generally be completed within about four months. Employers are charged a processing fee of €411 per skilled worker. We have compiled further information on the individual steps of the process and the required documents here for companies and here for foreign skilled workers.
     
• “Track Change” for Asylum Seekers: Since March 2024, asylum seekers who can present a job offer and the necessary qualifications for the position, and who entered the country before March 29, 2023, can switch to a residence permit as a skilled worker.
   
• Short-term and seasonal employment: The Federal Employment Agency (BA) sets a quota for short-term or seasonal employment under the Employment Ordinance for certain occupational groups. Employment is limited to a maximum of 8 months within a 12-month period, with a minimum of 30 hours of work per week. Employers must be bound by collective bargaining agreements and cover travel expenses.
   
• Simplified procedures for professional drivers: no driver’s license check, no priority check, and no language proficiency required.

Click here for the full text of the Act on the Further Development of Skilled Worker Immigration. The text of the original FEG can also be found in the Federal Law Gazette.

We have summarized the changes to the FEG in two guides—one for companies and one for consultants.

Are you planning an event for businesses and would like to explain in more detail what the process looks like for a skilled worker from abroad to come to Saxony-Anhalt? Feel free to request a free expert consultation from us.

You can find additional information on the Skilled Worker Immigration Act on the “Make it in Germany” portal.

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