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The amendments to the Skilled Labour Immigration Act are intended to offer skilled workers from abroad better opportunities for training, studying and working in Germany. These measures are intended to combat the shortage of skilled labour in Germany and increase Germany's attractiveness as a destination for qualified workers.
The amendments to the law will be implemented in three stages from November 2023 to June 2024. The second stage will come into force on 1 March. These changes are summarised below:
Entry, residence and employment for the recognition of a foreign professional qualification
- Qualification measures (Section 16d (1) and (2) AufenthG) give skilled workers the opportunity to have their foreign professional qualification recognised in Germany. For this purpose, a residence permit is issued for 24 months (previously 18 months), which can be extended by 12 months (previously six months). In addition, it is now possible to work part-time for 20 hours per week (previously 10 hours) or to work for an unlimited period of time in a professional context.
- The recognition partnership (Section 16d (3) AufenthG) includes the obligation of the skilled worker and employer to actively pursue the recognition procedure after entry. An employment contract, the existence of a professional qualification recognised by the state in the country of origin and German language skills at A2 level (CEFR) are required for the visa to be issued. This means that entry to Germany is possible without the recognition procedure having been started beforehand.
- The qualification analysis (Section 16d (6) AufenthG) comes into effect if no equivalence assessment can be carried out due to the partial absence of the required documents. In these cases, knowledge can be determined by other procedures (e.g. work samples, specialised interviews, etc.). During the stay, a part-time job of 20 hours per week or employment related to the equivalence procedure is possible without time restrictions, provided the Federal Employment Agency agrees. Subsequently, if necessary, a residence permit to achieve full equivalence in accordance with Section 16d (1) or (3) or a residence permit as a skilled worker in accordance with Section 18a can be applied for.
Entry and employment for qualified skilled workers
- Entry and employment for persons with extensive professional experience (Sec. 19c (1) and (2) AufenthG in conjunction with Sec. 6 BeschV) 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-recognised vocational or higher education in the country of origin or a qualification from a German Chamber of Commerce Abroad (AHK) and at least two years of professional experience. In the case of IT specialists, the requirement of a professional or university degree does not apply.
- The settlement permit will be issued to skilled workers who hold a residence permit as a skilled worker after just three years (instead of the previous four).
New regulations in the area of asylum
- The new "lane change" (Section 10 AufenthG) enables asylum seekers to obtain a residence permit as a skilled worker if they entered the country before 29 March 2023, have a job offer and are in possession of an employment qualification.
Further information can be found in our Infothek and in our handouts for companies and counsellors.
You can read the full text of the law here.