Frequently asked questions:

type: Frequently asked

What is the Skilled Immigration Act intended to achieve?

It will create the framework for targeted and increased immigration by qualified skilled workers from countries outside the EU. It is intended to enable those skilled workers our companies urgently need to come to Germany, given the shortage of applicants here. These include university graduates and persons who have successfully completed quality vocational training.

Who is considered a skilled worker?

According to the Skilled Immigration Act, skilled workers are nationals of non-EU countries who

  1. have successfully completed quality vocational training in Germany or have a foreign occupational qualification which is equivalent to one acquired in Germany, or who
  2. have a German or a foreign higher education degree which is recognized or otherwise comparable to a German higher education degree.

Will the Skilled Immigration Act open the door for un- or low-skilled workers?

No. The Act makes clear that foreigners’ qualifications are checked before they enter Germany for equivalence with German qualifications. An exception is made only for IT specialists with at least three years of professional experience and a monthly salary of at least €4,020, and for candidates recruited with the help of the Federal Employment Agency, which reviews the candidates’ skills and determines what additional training they need for their qualifications to be recognized in Germany. The salary level will be adjusted annually.

What about the resident labour market test?

In view of the low unemployment rate, the resident labour market test will no longer be required for skilled occupations but will still apply for access to vocational training. This means that it will no longer be necessary to determine whether a German or EU national is available to fill a position before hiring a skilled worker from outside the EU. The Act also contains a provision making it possible to reintroduce the labour market test quickly if the employment situation changes, for example for certain occupations or in certain regions.

How will the Act keep immigrants from exploiting our social insurance systems?

All foreigners who apply for a visa to look for or engage in work or training in Germany will have to prove that they can support themselves and accompanying family members, if applicable, without access to public funds. In addition, applicants over age 45 must earn at least €3,685 monthly or demonstrate that they have made sufficient provision for retirement.

Working conditions will still have to be examined and occupational qualifications obtained abroad will still have to be tested for equivalence with German qualifications before labour market access is granted. These tests are important to ensure that the new skilled workers are paid appropriately and to prevent wage dumping.

When will the new rules come into effect?

The Skilled Immigration Act will enter into force on 1 March 2020.

Don’t we need an immigration law like Canada’s?

There are often calls for such legislation, which seems like a simple solution but would not be very effective. Germany already has a very good and tested system, especially for graduates of higher education. This system is centrally managed by means of an authority responsible for recognizing training and education which is equivalent to Germany’s. This also prevents immigration fraud.

Creating a points system like Canada’s would lead to long selection processes and new bureaucracy – the opposite of simplification. In order to increase immigration by skilled workers, what we need instead is recruitment tailored to our labour market and more language training abroad. The Skilled Immigration Act will make it possible for the skilled workers Germany needs to come here to work.

What are the most important changes the Skilled Immigration Act will make?

The most important changes include the following:

  • introducing a single term for skilled workers (Fachkräfte) which includes both graduates of higher education and workers who have completed quality vocational training;
  • waiving the resident labour market test for candidates who have a work contract and recognized qualifications;
  • no longer restricting qualified candidates to occupations in which there are labour shortages;
  • allowing persons who have completed quality vocational training to come to Germany for a certain period of time to seek work (similar to the existing rules for highly skilled workers), if they have the necessary German language skills and can support themselves financially;
  • for persons with a foreign degree or qualification, expanding the possibilities to stay in Germany for training with the aim of gaining recognition for their occupational qualifications; simplifying procedures by giving responsibility to central foreigners authorities; and speeding up procedures for skilled workers.

What has changed for foreigners whose deportation has been suspended?

The Act itself does not contain any provisions for foreigners whose deportation has been suspended (Geduldete). Such provisions are found in another new law, the Act on Suspending Deportation for Persons in Vocational Training or Employment (Gesetz über Duldung bei Ausbildung und Beschäftigung). That law will create a new and reliable legal status for those foreigners who cannot be deported and who are law-abiding and well integrated thanks to long-term employment and German language skills. After 30 months, and if the relevant criteria are met, this new status, which is granted to those in employment, can lead to a residence permit. The suspension of deportation for foreigners in vocational training will be extended to those undergoing training in government-certified or similarly recognized caring professions. Clearly defined criteria are intended to ensure that the legislation is applied consistently throughout Germany.