Skilled Immigration Act

When does the new Skilled Immigration Act actually come into force?

Dubbed the “most modern immigration law in the world”, it was still unclear when the regulations of the new Skilled Immigration Act would come into force. It is important that the various regulations are introduced gradually.

Numerous changes relating to the EU Blue Card will be implemented from November 18, 2023. The background is an EU directive which must be implemented into national law by this date. In particular, the changes will significantly lower the salary threshold for the EU Blue Card. For the first time, it will be possible to obtain an EU Blue Card even without a university degree. However, this only applies to careers in information and communications technology. Instead of a university degree, relevant professional experience must be proven.

On March 1, 2024, all national regulations will follow that are intended to simplify immigration for skilled workers to Germany. These include, in particular, the recognition partnership and the residence permit, which can be issued if there is strong practical experience. With the recognition partnership, the recognition process can be carried out in Germany. Parallel employment is already possible. Employers and employees undertake to carry out the recognition process. The advantage is that the start of employment can take place significantly earlier compared to carrying out the recognition procedure abroad.

In the case of strong practical professional experience, a residence permit can also be issued without a qualification recognized in Germany. However, the foreign university degree or foreign vocational training must be recognized in the country in which it was acquired. In addition, relevant professional experience of at least two years within the last five years must be demonstrated.

Last but not least, the opportunity card will be introduced from June 1st, 2024. The residence permit is based on a points system. Criteria for awarding points include language skills, professional qualifications and professional experience. If the applicant has enough points, he or she can be issued the opportunity card. This entitles you to enter and stay in Germany to look for a job.

Kai Mütze, Managing Director of the IAC: “Without wanting to get close to politics, the labor shortage has been the central issue in human resources in Germany for some time now. With the long-term implementation described here, I do not yet see a significant improvement in the labor market situation. Nor will it arise “The impression is that the reformed Skilled Immigration Act will begin to compensate for the labor shortage. I would like to see it implemented much more quickly. In my opinion, there is a huge need for action, especially in the digitalization of the authorities involved. It is high time to rethink.”

Do you need support with recruiting and hiring under the Skilled Immigration Act? Please feel free to contact us. We also support you with all questions regarding international human resources management, contract drafting and payroll accounting.

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