Labour Migration

type: Article , Topic: Migration

Germany is in great need of skilled workers. It is one of the countries with the fewest restrictions on the immigration of skilled and highly skilled workers. The legal framework is set essentially by Germany’s Residence Act and the Ordinance on the Employment of Foreigners, which open up a broad range of opportunities and prospects. Thus Germany is setting a clear signal that foreign skilled workers are welcome and appreciated in our country.

Immigration of skilled workers

Skilled workers within the meaning of the law are higher-education graduates or individuals who have completed at least two years of quality vocational training. If they have completed their vocational training abroad, they must have their training certificate recognised by the competent German authority. Foreign higher-education degrees must be comparable to a German degree.

Skilled workers with vocational training

Qualified skilled workers in an occupation requiring formal training may be granted a residence and work permit in Germany. This residence permit gives them access to all occupations for which their training qualifies them.

In addition to a work contract, they must have their qualification recognised as being equal to German vocational training and furnish proof that their salary corresponds to that of a German worker. There is no minimum salary requirement. Nor is a labour market test conducted.

Foreigners who have completed quality vocational training in Germany may upon successful completion of their training also take up any employment in Germany for which their training qualifies them.

Skilled workers with academic training: the EU Blue Card

Specimen of the EU Blue Card Specimen of the EU Blue Card (Larger version opens in new window) Source: BMI Specimen of the EU Blue Card

The EU Blue Card is the residence permit for academic professionals and makes it easy for university graduates from non-EU countries (third countries) to immigrate to and work in Germany. The labour market test is waived.

There are only two requirements:

  • Applicants must furnish proof that they have successfully completed a university-level degree that is comparable to a university-level degree offered in Germany.
  • They must earn a gross salary of at least 58,400 euros (2023).

In occupations where there are a large number of vacancies in Germany, such as medical doctors and engineers, the minimum salary is only 45,552 euros (2023). The working conditions (e.g. working time and salary) must correspond to those of German employees. The Federal Employment Agency checks whether this is the case.

The EU Blue Card offers privileges to migrants and their families. It offers potential candidates early access to a permanent residence permit, providing a safe basis for planning their future in Germany: if they have lawfully resided in Germany for 33 months, they can obtain a permanent residence permit. If they have good German language skills, this waiting period is reduced to 21 months.

Labour migration under the residence-related directives of the European Union

To implement the residence-related directives of the European Union in the field of labour migration, regulations regarding intra-corporate-transferees (ICTs), students, researchers, volunteers, interns and seasonal workers have been introduced.  New types of residence permits have been created by introducing the ICT Card and the Mobile ICT Card. ICTs, students and researchers have the option to benefit from intra-European mobility.

Temporary residence permit for the purpose of participating in qualification measures

Germany’s dual system of vocational training is unique and sets high standards which have equivalents in very few countries. For this reason, it is possible for foreigners to come and reside in Germany for the purpose of participating in qualification measures. In order to benefit from this option, they generally have to undergo a recognition procedure in which the competent authority in Germany determines the deficits between the qualifications acquired abroad and the training offered in Germany. To qualify for this temporary residence permit, foreigners need to have at least an elementary command of the German language (level A2).

Ein Ingenieur zeigt einem Kollegen etwas Ein Ingenieur zeigt einem Kollegen etwas (Larger version opens in new window) Source: TomWerner/GettyImages

Easier labour market access for IT specialists

IT specialists with extensive practical work experience may enter Germany without formal qualifications provided that they can prove that they have at least three years of practical work experience; as a rule, they are also required to prove that they have German language skills. The required minimum gross salary is 52,560 euros (2023).

Temporary residence permit for the purpose of seeking employment

Skilled workers from third countries

The job-search visa enables interested skilled workers from third countries to come to Germany for six months in order to look for a job. Once they are here, they can find a job that corresponds to their qualifications.

In order to benefit from this option, they must be able to support themselves and have a university-level degree that is comparable to a German university-level degree. If they find employment within the six-months period, they can directly apply for the necessary residence permit or EU Blue Card in Germany.

Skilled workers who have finished their training abroad are also eligible to come to Germany for the purpose of seeking employment. This requires that the qualifications which they have acquired abroad are recognised by the competent authority in Germany. Furthermore, they must be able to support themselves during their stay and have the necessary German language skills for the envisaged employment.

This job-search visa is intended specifically to help small and medium-sized businesses which mainly conduct regional job searches.

Germany is interested in keeping skilled workers in the country. Foreigners who meet the requirements referred to above and are already working or doing research in Germany can obtain a temporary residence permit for the purpose of seeking employment immediately after they have finished their current job.

Individuals who have completed vocational training or graduated from a higher-education institution in Germany

In order to win them for the German labour market, foreign graduates who have successfully completed their studies in Germany are given 18 months time to look for a job. During this time, they may accept any employment.

Foreigners who have successfully completed an apprenticeship or other quality vocational training in Germany are allowed to stay here to work in the occupation they have trained for. They have a year to look for a suitable job. During this year, they can work without restrictions in order to support themselves.

Fast-track procedure for skilled workers

Skilled workers should swiftly find their way into employment. The fast-track procedure for skilled workers makes it possible, at the employer’s initiative, to conduct the procedure with the competent foreigners authority in Germany and with a foreseeable time frame that provides planning certainty.

Long-term prospects for skilled workers

People who come to Germany as skilled workers should become part of our society and have a safe prospect for their future in Germany. For this reason, skilled workers with a foreign qualification who have been employed in Germany for four years may obtain a permanent settlement permit. If they have completed their vocational training or university studies in Germany, this permanent settlement permit may already be granted after two years of employment.

A caregiver helps an elderly man lying in bed drink from a glass A caregiver helps an elderly man lying in bed drink from a glass (Larger version opens in new window) Source: Maskot/GettyImages

Entrepreneurs and self-employed persons

Foreigners with innovative ideas should be enabled to start businesses in Germany and create new jobs. The facilitated conditions under German residence law offer incentives for foreign business founders to invest in Germany. They also provide the federal states with more leeway for examining and assessing the success prospects of various business models. There are no requirements for minimum investment and the number of jobs to be created, For freelancers it is also easier to get a residence permit.

Immigration for the purpose of taking up unskilled or low-skilled employment

The employment of seasonal workers in agriculture and the catering industry (for up to six months a year) is subject to the proviso that there is an agreement in place between the Federal Employment Agency and the labour administration of the workers’ country of origin regarding the procedure and recruitment of the seasonal workers. Currently, there is such an agreement with Georgia. However, it is limited to the agricultural sector and to 90 days in a 180-day period.

Nationals of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, the Republic of North Macedonia and Serbia have facilitated access to the German labour market. They can obtain the Federal Employment Agency’s approval to engage in any employment irrespective of their personal qualifications (Western Balkans regulation) provided that the following requirements are met:

  • they must have a concrete job offer;
  • no domestic job-seekers with a higher priority claim are available for the job in question (labour market test);
  • the working conditions are not less favourable than those of comparable German employees;
  • in the last 24 months preceding the application, the applicant has not received benefits under the Asylum Seekers Benefits Act.

The applicant must enter Germany with the necessary visa.

Subsequent immigration of spouses and children of foreign skilled workers

Foreign professionals holding a residence title for the purpose of employment may be accompanied by their spouses from abroad if they intend to stay in Germany for more than one year. Generally, they have to prove their German language skills. Exceptions apply for spouses of highly qualified workers and researchers as well as for spouses of EU Blue Card, ICT Card or Mobile ICT Card holders and for spouses who are married to nationals of certain countries (e.g. the U.S., Canada, Australia, Japan). Exceptions may also be made for spouses holding a university-level degree.

As a rule, persons who marry after entering Germany may be rejoined by their spouses only after having lived here for at least two years. Exceptions apply for holders of the EU Blue Card.

Children may also accompany their parents to Germany. Differentiated rules (depending on the children’s age and on whether they are accompanied by the immigrant’s spouse) apply for children who have not moved their legal residence to Germany together with their parents or a custodial parent.

Family members who hold a residence permit allowing the subsequent immigration of dependants have the full and unlimited right to immediately pursue an economic activity in Germany.

The Skilled Immigration Act

The Skilled Immigration Act sets the legal framework for the immigration of skilled workers and highly qualified professionals.

More information in English: The new Skilled Immigration Act at a glance

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