The Transformed Skilled Immigration Act in Germany
It's no secret that Germany is in dire need of skilled workers. Politicians, businesses, and experts all agree that bridging the labor market gap calls for immigration. The updated Skilled Immigration Act, set to gradually roll out from this weekend, aims to aid this transition.
"We're pioneering a cutting-edge immigration law for today's world," stated Germany's Federal Commissioner for Migration, Refugees, and Integration, Reem Alabali-Radovan (SPD), to the German Press Agency. The law was long overdue, and courageous reforms had been neglected for far too long. "We're on the brink of 5 to 12," she added.
But what's the key mindset behind this law? Let's dive into important queries and answers filled with insight:
Did we not already have something like this?
Indeed, Germany has boasted a Skilled Immigration Act since March 2020. The law, passed by the black-red coalition, aimed to facilitate the immigration of qualified non-EU workers. However, due to existing labor shortages, particularly of skilled workers, this legislation has undergone revision.
According to Pau Palop-García of the German Center for Integration and Migration Research (DeZIM), the 2020 Skilled Immigration Act's ineffectiveness was partly due to the pandemic and the ongoing bureaucratic obstacles foreign laborers face in applying to come to Germany as migrant workers.
What has changed now?
The primary alteration is the introduction of an "Opportunity Card" based on a points system. This new immigration tool assesses immigrants who express interest in working in Germany according to parameters such as language skills, professional experience, age, and connections to Germany. In the future, foreign skilled workers will need to meet a minimum income of around 43,800 euros annually, instead of the previous 58,400 euros.
Asylum seekers who entered Germany before March 29, 2023, hold a qualification, and secure a job offer will be eligible to apply for a skilled worker residence permit if they withdraw their asylum application. Formerly, applicants had to leave the country first and apply for a work visa from abroad.
Immigrants classified as highly qualified specialists from beyond the EU will now be permitted to bring their spouses, children, parents, and in-laws to Germany. However, the key condition for family reunification is financial stability for relatives. Parents cannot apply for social benefits.
What's the status of the labor market?
Germany's businesses are currently struggling to fill around 1.73 million vacancies, as per the Institute for Employment Research (IAB) in its quarterly surveys. In October alone, the Federal Employment Agency (BA) reported 748,665 unfilled positions.
According to the BA, the average time required to fill a vacancy is currently 153 days. This indicates the challenges faced by many companies in finding skilled workers and specialists in a timely manner, despite rising unemployment and underemployment.
What do associations have to say?
A serious dearth of skilled labor persists in sectors like care and trades. However, the German Professional Association for Nursing Professions (DBfK) does not consider the law as the solution to the skilled worker problem.
"The problem of skilled workers in nursing is a global issue, and the conditions for nurses in Germany are not particularly appealing," stated DBfK's Federal Chief Executive, Bernadette Klapper.
"The best law is useless if it's swallowed by an ocean of bureaucracy and lacks execution measures," noted Jörg Dittrich, Head of the German Confederation of Skilled Crafts (ZDH). Small and medium-sized enterprises (SMEs) in particular require concrete counseling and assistance in searching for and recruiting skilled craftsmen abroad and assisting with their local integration.
Does the law go far enough?
The Skilled Immigration Act heads in the right direction, said Anja Piel, a board member of the German Trade Union Confederation (DGB). "But where there are massive gaps in skilled workers, there's usually underlying structural issues like poor pay and poor working conditions." It's essential to make better use of existing talent.
"The Skilled Immigration Act is an important step in welcoming," asserted the Confederation of German Employers' Associations (BDA). "However, it may only be a beginning. The migration administration is already overwhelmed."
"Workers with employment contracts who could commence work tomorrow are currently waiting for months to commence," the BDA added.
How much interest is there?
The Federal Office for Migration and Refugees (BAMF) offers foreigners guidance on working in Germany. According to BAMF, there were 71,409 consultations on skilled worker immigration last year - an increase of 13% compared to the previous year.
Germany's allure is high for skilled workers abroad, even with the language barrier, according to Sekou Keita of the IAB. In surveys, Germany often ranks third, behind Canada and the US, in terms of popularity among skilled laborers - benefiting considerably from its image as a strong economy with vast employment opportunities.
The revised Skilled Immigration Act and the Opportunity Card would make Germany a more appealing destination for skilled workers, by targeting the country's significant labor shortages and supporting economic growth.
This update addresses the ongoing demand for skilled workers, despite the existing Skilled Immigration Act from 2020. The new legislation aims to address the issue by introducing a points-based Opportunity Card and lowering the minimum income requirement for immigration.
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