Who will Get Beneficial for Germany Skilled Immigration Act – Deep Analysis

A new Germany Skilled Immigration Act is intended to bring qualified foreigners from outside the EU. This law was released on March 1, 2020, aiming to make it easier for skilled professionals to move to Germany for work.

However, the new law has some controversies too. Some think that it does not go far enough to reach out to skilled labor. Others consider it as a failed effort to gloss over certain weaknesses of Germany’s immigration laws. This includes long waiting times for asylum seekers who have in-demand professional skills.

Who Is Considered A Skilled Worker?

Just college degree holders are no longer considered skilled workers. Instead, the new law states that those with a vocational training certificate can also be considered as a skilled worker.

In order to match the worker’s qualification to the requirements, the German Labor Ministry lets the worker access their information portal. Once all the required documents are submitted, the government completes the applicant recognition process in three months. Then, four weeks later, a work visa is provided.

What Does This Law Entail?

The government believes that the Germany Skilled Immigration Act will help people in professions with heavy demand in Germany, such as IT, engineering, and elderly care. This new law is created after existing laws designed to attract academics.

 Under the requirements of the law, work permits will be made available to those who manage to get a work contract in these services. German employers don’t have to give preference to German or EU nationals with similar qualifications anymore. This new rule is now antiquated for positions in skilled professions. According to the interior ministry, a change given in the situation of the labor market can be introduced again.

 Workers without a contract will be allowed to apply for a six-month job seeker’s visa – as long as they fulfill the central terms of having professional skills in areas in which German businesses are trying to find qualified applicants.

Who Can Work In Germany?

Students with no qualification or vocational training cannot move to Germany unless they get a job offer or a work contract from a Germany-based organization. In addition, the organization must ensure that its students receive a professional certificate within two years.

If you are eligible to get temporary residency status in Germany, have a work contract or a job offer from your employer. It could be of four years or the duration of your work contract. However, you become eligible after four years to apply for a permanent residency.

Are Family Members Allowed?

In the new Germany Skilled Immigration Act, skilled workers are allowed to sponsor their spouses and children. However, they need to show proof that they have the financial means to support their family and provide them with a fair living condition because your family will not access social welfare payments.

What Will Be The Language Requirements?

In this new act, skilled workers with work permits need to prove their skills in the German language. Learning a new language can be challenging, especially for people who aren’t sure if a work contract awaits them at the end of the process.

Are Refugees And Asylum-seekers Also Welcome?

The new Germany Skilled Immigration Act also applies to asylum-seekers and refugees. However, politicians reveal that only very few of them would qualify for it, especially those granted unusual leave to remain.

Foreigners with no residential state are allowed to start training under specific circumstances. However, they must have been working at least 35 hours a week for 18 months and should support themselves. Additionally, they must have an adequate command of the German language (B2 level) and must not have been involved in a criminal offense.

Trainees And New Students

According to the new Germany Skilled Immigration Act, a student must be 25 years old and must have a school-leaving certificate from a German school or any degree that qualifies him or her for a university or professional education. Students and trainees will be eligible for permanent addresses after working in Germany for two years. However, they should also be able to meet the following conditions:

  • German language skills at B2 level
  • Age of 25 and above
  • And should be able to support themselves financially

Is there any possible shift?

There is a high possibility of a “de facto shift” as another law that has been in force for a while: regulations related to the suspension of removal. These apply to people in work or training and function on the “three plus two” principle.

However, it allows a person to stay in Germany for three years for training, and then another two years if a student finds a job in the profession for which they have qualified.

Anyone who gets a good chance of a permanent residence permit they are usually well integrated. However, the students first must acquire a training place in a state-recognized certified training program.

Summing Up

To sum it up, if you are well-qualified with an educational degree, you are qualified to work in places that do not require tertiary education.

For foreign skilled workers ages above 45, you will need to provide proof that you will satisfy the salary requirement of €3,685 monthly when you move to Germany or have enough pension funds to support yourself after your retirement.

Author Bio

K C Raj is a career counselor and recruiter with many years of experience. Interested in topics like human development, education, immigration, inequality, and many other international issues. 

K C Raj is a socialist in thinking, and believes in “One Nation, One World” theory