The Skilled Labour Immigration Act 2023 facilitates the immigration of skilled workers from third countries to Germany. The first legal changes to the right of residence came into force on 18 November 2023, with more to come. Here is an overview of the main changes relevant to employers.

Objectives

The new legal regulations serve to combat the increasing shortage of skilled labour in Germany. Access to the German labour market for skilled workers from non-EU member states is simplified by making it easier for them to obtain a residence permit. In addition, the amended EU Highly Qualified Workers Directive 2009/50/EC has been transposed into national law.

EU Blue Card

The so-called EU Blue Card in accordance with Section 18g AufenthG (German Residence Act) allows nationals of a non-EU member state with an academic qualification to take up appropriate employment in Germany. This residence permit is of great practical importance for many companies in Germany.

The minimum income for standard and bottleneck occupations has been significantly reduced, especially for young people with a university degree. It amounts to 50% or 45.3% of the contribution assessment ceiling for statutory pension insurance. In 2024, this amounts to around €45,300 or €41,042 gross per year.

In addition to computer science, natural sciences, engineering and human medicine, bottleneck occupations with a lower salary threshold now also include managers in the production of goods, logistics, the provision of IT services, childcare and healthcare. The term "manager" is understood broadly, so that even project management can suffice. 

IT specialists without a university degree can obtain an EU Blue Card if they have two (previously: three) years of relevant professional experience. No special language skills need to be proven.
Mobility within the EU for holders of an EU Blue Card and family reunification has been simplified.

Entitlement to the issue of a residence permit and to a change of sector

The amended wording of Section 18a and Section 18b AufenthG is also immigration-friendly: "A skilled worker (...) shall be granted a residence permit to pursue any qualified employment."

Previously, the immigration authority "could" issue a residence permit to a skilled worker with vocational or academic training. Now the foreigner has a legal entitlement. In non-regulated professions, skilled workers may pursue "any" qualified employment, even if their acquired qualification does not qualify them to do so. This elimination of the link between qualification and employment enables a change of employer regardless of the sector and thus makes the labour market more flexible.

Recognition partnership

The process of recognising professional qualifications acquired abroad will be made easier. From 1 March 2024, a so-called recognition partnership between a domestic employer and a skilled worker will lead to the issue of a residence permit in accordance with Section 16d (3) AufenthG. The skilled worker must initiate the recognition procedure immediately after entering the country. The employer undertakes to enable the foreigner to undertake the required qualification measures as part of the employment relationship.

Employment of students

The employment of third-country nationals who are studying in Germany on a student visa is made more flexible in Section 16b AufenthG. In future, 140 full or 280 half working days or employment as a working student of up to 20 hours per week during the lecture period will be permitted.

Opportunity card for job search

From 1 June 2024, a third-country national whose livelihood is secured can receive a so-called opportunity card in accordance with Section 20a, Section 20b AufenthG. This is a residence permit for seeking gainful employment or measures to recognise a foreign professional qualification. 

The foreigner must be a skilled worker or have received sufficient points according to a points model. Criteria include language skills, professional experience and age. The opportunity card entitles the holder to work a maximum of 20 hours per week on average and a trial employment period of up to two weeks.