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new German Skilled Immigration Act Part 1
Non-EU nationals wishing to work in Germany will now be subject to easier procedures and facilitated rules due to the new German Skilled Immigration Act, which has taken effect on March 2, 2020.
The new regulation, which among others makes it possible to gain employment in Germany even in jobs that could be filled by Germans or EU nationals, and permits foreigners to come to Germany for up to half a year to seek work, intends to provide easier access to the German labour market for qualified workers from non-EU countries.
It also aims to increase the numbers of the workforce in Germany, as many positions remain vacant due to lack of skills and workers.
Below, we have listed and explained the main changes to the rules related to working in Germany as a qualified non-EU national.
Qualified Professionals According to the New Law
Qualified Professionals According to the New Law
The newly implemented law has expanded the list of those that are now considered as qualified professionals for moving to Germany for work.
Under the new law, in addition to those with a tertiary education degree, non-EU nationals holding a vocational training qualification, obtained after a training course that lasted at least two years, are also considered as qualified professionals, and as such are eligible to seek for work in Germany.
In addition, the worker must meet the following conditions in order to be able to legally work in Germany:
He/she must have their foreign qualification officially recognised by the relevant authority in Germany.
He/she should have a job contract/offer from an employer in Germany, in their field of professionalism.
As per the last conditions, through previously non-EU workers were not permitted to get a job that a German or EU national worker could fill, this is not the case anymore. The Federal Employment Agency no longer carries out priority checks in this regard.
He/she should have a job contract/offer from an employer in Germany, in their field of professionalism.
As per the last conditions, through previously non-EU workers were not permitted to get a job that a German or EU national worker could fill, this is not the case anymore. The Federal Employment Agency no longer carries out priority checks in this regard.
Moreover, the new rules expand the fields of employment for foreign workers, permitting them to work in an occupation related to their profession that is not necessarily their field of study.
They can also work in jobs for which a tertiary education degree is not compulsory (qualified professionals with academic degrees only), as well as in other professions related to their qualification, for which a vocational, non-academic qualification is usually required, excluding auxiliary and semi-skilled occupations.
As per qualified professionals with vocational qualifications, i.e. non-academic training, their employment is no longer restricted to occupations for which there is a lack of skilled EU nationals.
Six-Month Visas to Search for Work in Germany
To be continued....
Six-Month Visas to Search for Work in Germany
Moving to Germany for a maximum of six months to seek for a job is now possible for non-EU nationals that have their qualifications recognized by the relevant body in Germany.
Foreign workers that have enough funds to support themselves for the duration of their stay and German knowledge of at least B1 level of the Common European Framework of Reference for Languages can apply for Germany Jobseeker Visa.
The visa permits its holder to work for a maximum of 10 hours within a week, so a potential he/she and their potential employer can find out if they are suited to each other.
Training and Skill Development in Germany
Persons who required from a relevant body in Germany to undertake the recognition procedure whilst abroad, and they received a negative answer that their qualification does not completely meet the requirements of a German qualification now have a choice.
Persons who required from a relevant body in Germany to undertake the recognition procedure whilst abroad, and they received a negative answer that their qualification does not completely meet the requirements of a German qualification now have a choice.
They can come to Germany with a visa for Training and Skill Development, under the condition that they have the necessary German language skills, A2 level according to the Common European Framework of Reference for Languages.
A visa as this one, leads to a residence permit valid of 18 months, extendable for another 4 months, and the possibility to apply for a residence permit for training, study or work, by the end of its validity.
To be continued....
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