Germany's skilled labor migration law is designed to encourage people from outside the EU to come to Germany for work. Lowering the hurdles for immigration by allowing for more education-based migration, creating ways to switch from being in the asylum system to having a work permit, and introducing a new 'opportunity card,' Germany hopes to have the most modern migration law in the world.
On June 23, the German Parliament passed a reform of immigration law to alleviate the shortage of skilled labor in Germany -- one it claims is among the most modern in the world.
Its main aim is to reduce the lack of skilled workers by, among other things, lowering the hurdles of entering the job market for both foreigners with existing professional qualifications and for people with sufficient work experience who already have a job offer.
InfoMigrants takes a look at what the reform means for asylum seekers and potential immigrants.
More possibilities for asylum seekers
Asylum seekers in Germany, whose asylum procedure is already underway, will be given the option of stopping the procedure retrospectively and instead requesting a work and residence permit.
Until now, they had to leave the country and apply for a regular visa in order to switch systems -- with no guarantee their request would be accepted.
The change in law, referred to as a so-called Spurwechsel (lane change), now makes this changeover possible -- however, it applies to only those asylum seekers whose asylum procedure was underway by March 29 this year.
According to migration researcher Herber Brücker, this means that there are around 415,000 people in Germany whose asylum cases hadn't been decided yet, and they can now request to be switched over.
Even people whose asylum claim will likely be granted -- such as Syrian and Afghan nationals who typically have relatively high protection rates -- can be part of the lane change procedure; this would also accelerate their integration process as they would receive a residence permit faster.
Still, Brücker estimates that only between 30,000 to 50,000 people will benefit in the near-term from the introduction of the lane change; among other reasons, he says that only 70% of those with a pending asylum application are of working age.
However, the new procedure also applies to the around 215,000 people in Germany with rejected asylum applications, many of whom remain in Germain with a 'tolerated' status (Duldung).
They, too, can apply for a residence permit now -- provided they have been living in Germany longer than five years, can prove that they secure their living through paid work and have all questions related to proving their identity resolved.
The new 'opportunity card'
An 'opportunity card' (Chancenkarte) based on a points system will also be introduced as part of the new law. This is particularly of interest for people with foreign vocational training of at least two years or for those who have a university degree plus basic German language skills.
The Chancekarte is designed to allow people to find work without having a job lined up already. With this opportunity card, foreigners without a job offer can come to Germany for a year to find any job that meets skilled labor standards. A similar model is already used in Canada, according to news agency AFP.
The overall selection criteria for the Chancekarte include language skills, work experience, age and proof of having a connection to Germany -- such as family members or having a history in the country. The more points an applicant accrues, the better their chances become of being allowed to come to Germany as a job seeker.
They can also accept part-time employment (up to 20 hours a week) while looking for a qualified job.
Migration researcher Brücker notes, however, that potential skilled workers will have a hard time assessing certain risks involved in this model, and that in certain scenarios it could mean for example that a person might have to leave Germany again after a year even if found a job but don't fulfil other criteria attached to the scheme.
Also read: German laws that protect migrant workers' rights
Relaxed rules for 'EU Blue Card'
The central element in the immigration of skilled workers to Germany remains the EU Blue Card. This is a residence permit for people from non-EU countries who have completed a university degree.
Here, the previously applicable salary threshold for taking up a job in Germany will significantly be lowered. Other aspects of the scheme will now also be made easier, including changing employers, applying for family reunification and receiving permanent residence in the EU.
In addition, skilled workers will be able to "pursue any qualified occupation" -- even one outside their original qualification. This means, for example, that a specialist recognized as a businesswoman for office management could, for example, be employed as a specialist in the field of logistics.
For IT specialists in particular, it is envisaged that they will be now able to obtain an EU Blue Card even without a university degree if they can provide evidence of other qualifications.
Recognition of degrees
A major obstacle to immigration to Germany has long been the requirement to produce degrees which are recognized in Germany.
With the new law, skilled immigrants will no longer have to have their degrees recognized in Germany -- if they can show that they have at least two years of professional experience and a degree that is recognized in their country of origin.
Someone who has a job offer lined up already will also now be able to come to Germany and start working while the recognition procedure of their degree is still ongoing.
More education-based migration
German's government coalition also wants to strengthen educational migration -- i.e. the possibility of people coming to Germany for vocational training or academic studies with a view of staying permanently.
To facilitate this, foreign students will be able to work in Germany as student trainees, for example, in order to earn a living while pursuing their qualification.
In addition, residence for the purpose of seeking a training position will also be made considerably easier -- by raising the maximum age up to which a residence permit can be issued.
The maximum permissible length of stay for a residence title will be increased to nine months, and employment and trial employment will also be permitted.
Family reunification made easier for skilled workers
Possibilities for family reunification will also be expanded for skilled workers coming from abroad.
In contrast to the original draft of the law, reunification options will not only apply to the 'nuclear family unit' but also, for example, to parents and in-laws of an immigrant who, in future, will be able to come to Germany to join family.
More flexibility for residence permits
Up to now, the German Residence Act had stipulated that entry into Germany must always be attached to a visa with a specific purpose.
This meant, for example, that someone who had entered Germany on a tourist visa and was offered a job in Germany at short notice had to leave the country and apply for a new, purpose-specific visa.
In the future, this will no longer be necessary, allowing visas to be changed accordingly during a stay in Germany.
However, it may take a while for administrative offices across Germany to become fully equipped with the necessary means to apply such changes.
With Reuters, AFP, Media Service Integration