Introduction
The all-new Germany Skilled Immigration Act is additionally referred to as the Fachkräfte-Einwanderungsgesetz in German. It expands and modifies the framework that regulates non-EU employees to work in Germany. It has an impact on skilled employees and people who have undergone vocational education. The law came into force in March 2020 to ease immigration and employment for skilled foreign nationals in Germany.
The new Act has changed several aspects to make it easier for non-EU employees to live and work in Germany. Through this new Act, there are three new major immigration choices, besides a minor modification within the existing job seeker visa.
Direct Immigration under Skilled Category
This new Act gives an all-new definition to the term ‘skilled workers’, by broadening the scope of employment for non-EU skilled employees in Germany. It’s additionally modified the academic qualification requirements.
The new Act now also includes those individuals possessing vocational education degrees under the definition of skilled workers. It places individuals with vocational education degrees in the same position as individuals with a university or college degree.
Suppose a qualified person receives an employment offer. In that case, he/she will be able to apply for a work-and-residence permit visa designed explicitly for skilled employees underneath the Skilled Immigration Act.
The applicant will be required to produce proof of his communication skills that meets the brief set by the employer.
Benefits of Germany Skilled Immigration Act for Foreign Skilled Employees
Easy German labour market access, for non-EU workers
According to the new Germany Skilled Immigration Act now non-EU employees can enter the German labour market conveniently. Currently, there are no preconditions applied to this, like prior qualification checks, etc. According to the new Act, if you possess the right qualification and secure a job in the country, you’re qualified to be accepted for a visa.
New and better employment opportunities
Simply based on the qualification, a skilled professional can now apply for jobs in Germany. According to the new Act, if you’re a degree holder, you’ll be able to apply for jobs that don’t imply a tertiary education degree.
Qualification recognition
According to the new Act, the relaxation in education needs doesn’t undermine the skill level. The new law doesn’t permit low-qualified or unqualified employees to come work in the country.
Before accepting any candidate for a job, or before granting an employment offer letter to any candidate, their qualification will be checked to confirm if they meet the standards set by German immigration laws.
Naturalisation and citizenship
The new Act now reduces a year to achieve a permanent settlement permit for those that migrate under the skilled class to four years. Previously, the duration was five years.
Modified resident status – Students allowed to work while studying
Now, according to the new law, any non-EU student currently in Germany will be able to switch the status of their residence permit from student to working, even while continuing their study. This modification made by the new Act is of great benefit to all non-EU students. However, this can be done under certain preconditions. The student ought to be qualified to accept an employment offer from an employer who finds his/her skills matching with the work requirements.
Residence permits for coaching and skill development
Although the new Act permits non-skilled personnel with minimum educational qualifications to come into the Federal Republic of Germany and undertake training or coaching therein, however, there are a handful of preconditions and procedures which are conducted.
The procedures are aimed to check your eligibility and qualification, which should be at par with a German high school qualification.
Fast-Paced Procedure in the New Skilled Immigration Act, Germany
The new modified Act empowers corporations to fasten the visa application if they notice an appropriate and suitable candidate for any job. The fee for a fast-track procedure is €411 that the corporate should incur, together with a visa fee of €75.
In order to shorten the time required to issue the visa, which might be as short as three to four weeks, the candidates need to work with a foreign registration representative in the Federal Republic of Germany to start the process.
There is no modification or any change made by the new Act in the eligibility criteria to apply for a job in Germany or employment seeker’s visa. One may still be required to produce the following:
- Proof of sufficient monetary resources
- Certificate of proficiency in the German language at level B1 or higher
- Residence proof for a minimum of six months within the current country of residence
The main change, under the new skilled Immigration Act, is that the visa-holder can now work temporarily with a prospective company for 10 hours per week while in the Federal Republic of Germany. In this way, the employer and employment seeker can get enough time to know each other before getting into a final job contract or before they enter into a final job contract. The job seeker visa may well be converted into a residence permit that permits you to work after getting an employment offer and a contract.
Conclusion
The Skilled Immigration Act propels the Federal Republic of Germany into a brand new era of innovation and disruption. However, it conjointly exposes opportunities to non-EU citizens who don’t have a university degree but possess expertise and experience.
The application method is simple and easy. However, like all legal matters, you need to take utmost care of accuracy and compliance. The migration consultants will simplify the method for you.
The Act permits skilled employees to bring their family relations with them. However, they have to be able to support and provide for them. The members of the family won’t receive state advantages like subsistence aids.
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