New Germany Skilled Immigration Act benefits skilled workers

Alisha Khan
[Published 18 Apr, 2022 | 12:22 PM]
About Author - 8 min read
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The Germany Skilled Immigration Act is a new law that increases the prospects for qualified overseas professionals to arrive in Germany for work. It eases Germany immigration for work for skilled overseas workers from non-EU nations having non-academic, vocational training. It also has a provision for Germany Job Seeker Visa. The existing criteria for qualified professionals having University degrees will continue along with some flexibility in the rules.

The changes introduced by the Germany Skilled Immigration Act

The Germany Skilled Immigration Act enlarges the framework for qualified professionals from non-EU nations under which they can arrive in Germany for work. The major alterations are as follows:

Description of the qualified professional

The following individuals are regarded as qualified professionals as per the Germany Skilled Immigration Act:

• Individuals who have completed eligible vocational training in Germany (generally the training period has to be for a minimum of 2 years) or individuals who have an overseas vocational qualification that is considered on par with eligible vocational training in Germany. Short-term overseas vocational training programs can be regarded as on par with eligible vocational training in Germany if the training does not have substantial differences or if the differences are compensated.
• Individuals having a higher educational degree that can be compared with a higher educational degree in Germany

Access to the German labor market

Germany immigration for skilled workers is eased along with easier access to the job market. The eligible professional is required to have a specific offer of a job or an employment contract and a qualification that is recognized in Germany. The Federal Employment Agency will not undertake a priority check. It implies that it will not be verified if an applicant from the EU or Germany is available for the particular job. Nevertheless, the conditions of employment will still be verified by the Federal Employment Agency.

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Employment Possibility

An eligible professional can be employed in an occupation for which they are qualified. It implies that there are also chances of employment in associated occupations. Furthermore, eligible professionals having academic credentials can also be employed in jobs that do not mandate tertiary educational qualifications. They can also be employed in other jobs that are linked to their qualifications and that normally need a non-academic, vocational qualification.

It does not include semi-skilled and auxiliary occupations and the occupation always mandates a qualification. The EU Blue Card is only offered for jobs that are appropriate for the professional qualification and this is usually an academic degree.

Eligible professionals having vocational qualifications

The hiring of eligible non-EU professionals having non-academic or vocational training is now not confined to only those occupations facing scarcity of workers. An individual with vocational training credentials accepted in Germany and having Residence Permit authorization for working in a specific occupation will also be able to work in Germany in all occupations applicable for their qualification.

Germany immigration for seeking employment

Professionals having a vocational training credential can now arrive in Germany for searching for a job through the Germany Job Seeker Visa. This is a Residence Permit having a validity of 6 months. The eligibility criterion is that the overseas qualification must be recognized by the appropriate authority in Germany. The candidates must also be able to support themselves financially while staying in Germany and possess the required skills in the German language for the chosen occupation.

Usually, skills in the German language at minimum B1 level in the Common European Reference Framework for Languages are needed. While staying in Germany seeking jobs, it is possible to be employed for a maximum of 10 hours weekly on a trial basis. It permits the employer and the qualified overseas professional to assess mutual suitability. Professionals who have a recognized academic credential and are allowed to arrive through the Germany Job Seeker Visa can also work on this basis of the trial.

Residence Period for skill development and training

Opportunities for Germany immigration for training purposes are being improved. The fundamental criterion is that the process of recognition is carried out by the appropriate German agency while the candidate is overseas. The process must establish that the individual’s overseas qualification is not fully comparable with the requirements of a German qualification.

One more criterion for obtaining the Germany Visa for training purposes is that the applicant needs to have the required skills in the German language. It usually corresponds to the A2 Level in the Common European Reference Framework for Languages.

The Residence Permit of 18 months can be extended by 6 months in this case for up to 2 years. After the expiry of the maximum period, the Residence Permit for Work, Study, or Training purposes can be issued.

Permanent Settlement Permits for qualified overseas professionals

Qualified overseas professionals can now obtain a Permanent Settlement Permit after 4 years. It was 5 years previously.

Germany immigration for seeking training

Already it is possible for prospective overseas students to arrive in Germany for seeking a place in higher studies. The new Germany Skilled Immigration Act also permits vocational training aspirants to arrive in Germany for seeking training. The eligibility criteria are as follows:

• Skills in the German language at B2 Level
• A School Leaving Certificate from an overseas German School / School Leaving Certificate that qualifies an individual for receiving higher education
• The age must be maximum of 25 years
• Ability to support oneself financially

Course in the German Language to prepare for vocational training

If an individual has a Residence Permit that authorizes a course in vocational training, they can also participate in a course for the German language. It can be either related to the occupation or general.

Better potential for overseas students in Germany to modify their Residence status

Overseas students as of now also have the option to transition to other categories of Residence Permits even prior to the completion of their studies. For instance, in place of continuation with their studies, they can start vocational training and obtain a Residence Permit for attending a course in Vocational Training.

The new Germany Skilled Immigration Act further expands the options for changing status. It is possible for a qualified professional to accept an offer of a job while still receiving the vocational training or studying subject to specific criteria and consideration from the Federal Employment Agency. This implies a transition to Residence Permit for working in an eligible occupation.

Permanent settlement permits for individuals having completed a course in vocational training in Germany

The Germany Skilled Immigration Act permits overseas nationals who successfully complete a course in vocational training to obtain a Permanent Settlement Permit after 2 years, the identical period that holds good for graduates.

Fast-track process for skilled workers

Employers can offer a fast-track process for skilled workers at the appropriate Registration Office for Foreigners in Germany. It will considerably reduce the administrative process duration for receiving the Visa. The employers require a power of attorney for doing this and must be obtained from the eligible professional.

The following stages and details are crucial:

• A pact needs to be arrived at between the Registration Office for Foreigners and the company that consists of and power of attorney and obligations for the employer, the eligible professional, and the applicable bodies. These include Registration Office for Foreigners, Federal Employment Agency, overseas German mission and recognition bodies. The description of the processes must be present inclusive of parties involved and deadlines.
• The Registration Office for Foreigners advises the employer and offers support for conducting the process to obtain recognition for the overseas qualification of the eligible professional. It also receives permission from the Federal Employment Agency and assesses the approval prerequisites as per the laws for overseas nationals. The Federal Employment Agency and recognition bodies have to decide within specific timelines.
• The Registration Office for Foreigners offers an advance approval if all the prerequisites are fulfilled and it is shared with the employer for being offered to the eligible professional. The overseas professional must then book an appointment at the German Mission to submit an application for the Visa. The appointment will be provided within 3 weeks. The original copy of the advance approval has to be offered at this meeting including other documents essential for the Germany Visa application.
• A decision on the application is normally announced within 3 weeks after the submission of the complete Visa application by the eligible professional
• The fast-track process for skilled workers also includes the spouse and minor unmarried children of the eligible professional. The applications for their Visas have to be submitted at the same time and they must fulfill the legal requisites for consequent Germany immigration of the family members.

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Do you wish to apply for Germany Skilled Immigration?

Skilled overseas workers can now benefit from the new Germany immigration law and must make most of this opportunity. Nationwide Visas offers you immigration services that are seamless and 100% compliant to ensure a successful Germany immigration application.