Information on the Skilled Immigration Act
The Skilled Immigration Act is a brand new law that expands the range of possibilities for professionals with qualifications to find work in Germany. In the present, it is much more convenient for workers who have professional, non-academic education from non-EU nations to relocate to Germany to find work. The current requirements for skilled professionals who have a degree from a university will remain in force but with some alterations to the regulations.
What changes will the new law make?
The new law extends the legal framework that allows professionals with qualifications from non-EU countries are able to employ in Germany. The major modifications are:
Professionals who are qualified:
Definition of skilled professional These individuals are qualified professionals as defined by the Skilled Immigration Act:
People who have completed an accredited vocational course in Germany (for which a minimum of a period of at minimum two years is typically required) or who obtained a professional qualification overseas that has been recognized by the German government as being equivalent to German professional training. The shorter courses offered by foreign vocational schools can be considered as equivalent to vocationally qualified training in Germany when the level of training isn't significantly different, or if the difference has taken into account in compensating for.
People who have a higher education qualification that is comparable to a higher education diploma in Germany.
The German labor markets: It is now much easier to join the German labour market. A qualified worker must have an employment contract or specific job offer, as well as the qualification is recognized in Germany. There is no priority verification is carried out through the Federal Employment Agency (BA). It means that there is no process of verification for determining whether an applicant comes from Germany or from the EU is eligible to fill the position. However, the Federal Employment Agency will still check the job conditions.
Opportunities for employment: A qualified professional can work in a field in which they have the qualifications. This means that working in similar occupations is an alternative. Additionally, professionals with academic degrees are able to also find jobs that don't require a post-secondary education. They are also able to work in other jobs that are related to their qualifications and typically require a vocational, non-academic degree. This does not include auxiliary or semi-skilled professions. The job requires a formal qualification. This is why the EU Blue Card is only issued to positions that correspond to the professional level which is required to include an academic diploma.
Professionals with qualifications for vocational work: The employment of professionals who are qualified outside of the EU who have a vocational qualification, i.e. non-academic, training is no longer limited to occupations that have a shortage. If a person has a professional education or training certificate that is recognized in Germany or Switzerland, their resident permit permits the person working in a certain job will also permit individuals work within Germany for all jobs which are covered by the qualification.
Moving to Germany to search for an employment professionals with an educational qualification in vocational training are also eligible to travel to Germany to search for work. They are granted an residency visa lasting up to six month. The requirements include: The foreign qualifications must be recognized by a competent decision-making authority in Germany The applicant should be able to be financially able to support themselves for all of the time they are in Germany and they possess the German proficiency to be able to perform the job they want. In general, German language skills at the minimum level of B1 in accordance with the Common European Framework of Reference for Languages (CEFR) are needed. In the period of time that you are in Germany and searching for work, an employment period for up to 10-hours per week, on the basis of a trial is possible. This allows the employer and a foreign-qualified professional to assess what they think is compatible with one another. Professionals who hold a recognized academic qualification, and who can still come to Germany for a period of 6 months to look for work, are also able to be employed on a trial basis.
Duration of residence to develop skills and training Opportunities to travel to Germany to complete training are improving. The basic precondition is that a recognition procedure is undertaken by the competent decision-making body in Germany whilst the applicant is abroad, and the procedure finds that the person's foreign qualification does not fully meet the requirements of a German qualification (in a recognition certificate or "Anerkennungsbescheid"). Another requirement for issuance of an authorization to attend training is that the applicant has the German proficiency in the language. These are usually equivalent to the level A2 in accordance with the Common European Framework of Reference for Languages (CEFR). The residence permit of 18 months is a good option to be extended for a minimum of six months and up to a maximum that is two years. When the maximum duration of the permit to stay in residence is over A residence permit with purposes of study, training or employment can be issued.
Permanent settlement permits for professionals who are qualified across the globe professionals from outside the country can apply for an permanently Settlement permit following a period of four years (previously 5 years).
Students and trainees:
The possibility of coming to Germany to search for a training location: It is already possible for prospective students to travel to Germany to search for a spot within higher-education. In accordance with the new regulations individuals who wish to receive vocational education are also able to visit Germany to seek a training location. The prerequisites are as following: German language skills at B2 level, school-leaving diploma from an accredited German school abroad , or the school-leaving certificate, which allows the person to higher education at an age of 25 and the ability to sustain the financial needs of oneself.
German class of German for preparation for vocational training If someone is a resident of the country and has been granted a residence permit to attend vocational training or course, they can take an German language class (either general or occupational-related).
Better opportunities for students from abroad in Germany to switch their residence status Foreign students can switch to different types of residence permits prior to the completion of their studies. As an example, instead of poursuiving their study, they may start vocational training and obtain an residence permit to take the vocational training course. It is a possibility to change status. Skilled Immigration Act expands these possibilities for changing status of the applicant: under certain conditions and subject to review from an agency like the Federal Employment Agency, it is possible to accept an offer as a professional with a qualification even if the person is taking classes or receiving vocational education. This is a change to an employment permit that allows you to work in a certified job.
Permanent settlement permits for those who've completed a vocational programme within Germany:The new act allows foreigners who have completed a successful vocational training program in Germany to get an permanent settlement permit after two years, which is the same period that is applicable to graduates.
For companies:
Fast-track process that is available to skilled professionals Employers are able to initiate the fast-track process to hire skilled employees by contacting the appropriate Foreigners Registration Office located in Germany. This can reduce the time of the process of administrative procedures to issue the visa by a significant amount. In order to do this, employers require the power of attorney of an experienced professional. The following steps and information are essential:
A contract must be signed between the business as well as the Foreigners' Registration office, which includes the following documents power of attorney and obligations of employers, professional with the qualifications and the appropriate authorities (Foreigners Register Office Federal Employment Agency, recognition institutions, German mission abroad) and a description of the procedure including the parties involved and the dates.
The Foreigners' Registration Office assists the employerand assists them in completing the process to get the professional's foreign qualifications recognized, and obtains an approval from the Federal Employment Agency and examines the conditions for approvals under the law governing foreign citizens. The organizations that recognize qualifications as well as The Federal Employment Agency must make their decisions within certain timeframes.
If all the requirements are satisfied If all the requirements are met, the Foreigners' Registration Office will issue a pre-approval which is then sent to the employer for them to pass onto the professional who is qualified. The certified professional will then make an appointment with the German Embassy in another country to request the visa. The appointment is scheduled within 3 weeks. In this meeting your original copies of pre-approval should be submitted along with any other documentation required to submit your visa application.
After the visa application is approved by a qualified professional The decision is normally delayed by three weeks.
The fast-track system that is available to workers with qualifications includes spouses of professionals who are qualified and minor children who are not married when their visa applications are filed simultaneously and in the event that they meet the statutory conditions for the subsequent entry for family members.
The cost that is charged by the Foreigners Registration Office for fast-track procedures that is for highly skilled individuals costs EUR 411.00. In addition the fee is of EUR 75.00 to obtain a visa as well as fees for the recognition of the qualifications.
Find all you should be aware of in the section on the fast-track for highly skilled workers.
I am a qualified professional. What should I do in order to be able to work in Germany?
Recognizing professional credentials obtained overseas: The first important thing to do is have your certification recognized in Germany. Basic information regarding the recognition process as well as the process of transferring to Germany is available through the Working and Living in Germany hotline. Click here to find out more details.
Language abilities It is necessary to be able to communicate in German when you plan to travel to Germany to search for a learning location or to find a job as a skilled professional with an educational qualification. It is also necessary to have German language skills if intend to take a training program in Germany. For more information on the language course, visit this link. Contact person to apply for a visa or a residence permit If you reside outside of Germany The German missions overseas are the ones responsible for obtaining the required visa. Contact details for German organizations in your region can be located on the globe map. If you're already in Germany then you must get in touch with the Local foreigners' registration office for information about the residency requirements and visas.