Opportunities for qualified specialists through the Skilled Immigration Act (FEG)

The Skilled Immigration Act (FEG) entered into force on 1 March 2020. The act makes it easier for qualified specialists from non-member countries to migrate to Germany. It is also intended to counteract the demographic changes in Germany and the associated shortage of qualified specialists.  An amendment to the FEG was passed in 2023: the Act on the Further Development of Skilled Immigration. The changes came into force in three stages: November 2023, March 2024, and June 2024.

The FEG primarily regulates the following residence options in Germany for qualified specialists from non-member countries: 

• Residence title as a recognised qualified specialist: Qualified specialists are university graduates and people with a vocational qualification. Recognised qualified specialists have had access to qualified employment in non-regulated professions since 18 November 2023. Proof of language skills is not required. The presence of an employment contract is a requirement. People who meet all requirements have been entitled to a residence title since 18 November 23. Prior to that, the residence title was a discretionary provision and not an entitlement.
   
• Residence title for university graduates and specialists of certain occupational groups from non-member countries: the EU Blue Card.
  The requirement for obtaining the EU Blue Card is a German or foreign university degree that is equivalent to a German university degree or, since the amendment, an equivalent qualification from the tertiary education system (exception: IT specialists are eligible for the EU Blue Card without a university degree). Additionally, an employment contract with a specified minimum salary must be in place. This minimum salary was reduced as of 18 November 2023: to 45.3% of the annual contribution assessment threshold for pension insurance contributions for so-called bottleneck occupations and entry-level employees (in 2023: around 39,680 euros) and 50% for all other occupations (in 2023: around 43,800 euros). Furthermore, family reunification and mobility within the EU have been made easier for holders of an EU Blue Card.
   
• Residence title for the recognition of a foreign professional qualification:
  • Partially recognised qualified specialists can enter Germany for the purpose of gaining a qualification if they have language skills at CEFR level A2, a qualification recognised in their country of origin, and a certificate of recognition of level "partial recognition". During the compensation process, secondary employment can be taken up from March 2024. Previously issued for only 18 months, the residence permit will be issued for two years from March 2024.
  • In March 2024, the so-called recognition partnership will come into force. The granting of the visa is contingent on the commitment on the part of the qualified specialist and the employer to apply for recognition and actively pursue the process upon arrival in Germany. The basic requirements are: an employment contract, a professional qualification (at least two years of training or a university degree recognised in the country of training), and CEFR level A2 German skills. The residence permit is usually issued for one year and can be extended for up to three years.
  • From March 2024, it is possible to enter Germany for the purpose of a qualification analysis. People seeking recognition of their qualifications and who, in the opinion of the competent authority should undergo a qualification analysis in Germany to determine the equivalence of their foreign qualification, may be granted a residence title for up to six months for this purpose. Requirements include CEFR level A2 German skills.
• Special regulation for people with practical work experience: The possibility for people with practical work experience to enter and work in Germany will be extended in March 2024 and will apply to all non-regulated professions. Requirements are a vocational qualification or university degree recognised in the country of origin or a qualification from a German chamber of foreign trade. At least two years of experience in the desired profession is also required. Formal recognition of the qualification in Germany is not required. A minimum salary of 45% of the annual contribution assessment threshold for pension insurance contributions must be reached, unless the employer is subject to collective bargaining agreements.
  • Access to the labour market is even easier for IT specialists: The required professional experience is reduced to two years (previously three years). Furthermore, a vocational qualification or a university degree is not required. Proof of language skills is no longer a requirement for the visa.
• Entering Germany for the purpose of seeking employment:
  • Introduction of the Opportunity Card ("Chancenkarte") in June 2024:
    • Third-country nationals who can prove that their foreign qualification is fully equivalent and are therefore considered "qualified specialists" in accordance with Section 18 (3) of the Residence Act (AufenthG) will be issued with the Opportunity Card without any further requirements.
    • All others must provide proof of a foreign university degree, a professional qualification that requires at least two years of training (in each case officially recognised in the country of training), or a qualification issued by a German chamber of foreign trade. In addition, either German (CEFR level A1) or English skills (CEFR level B2) are required.
      The recognition of qualifications in Germany, work experience, age, and other criteria are also counted as points towards the Opportunity Card, which requires a total of six points.
      The Opportunity Card is granted for one year if the means of subsistence are secured. During the stay, trial work or secondary employment is possible. If no other form of employment authorisation (Sections 18 to 21 of the Residence Act) can be issued after this period but a job offer for skilled employment is in place, the Opportunity Card can be extended for an additional two years
• "Lane change" for asylum seekers: From March 2024, asylum seekers who can present a job offer and a qualification for the job and who entered the country before 29 March 2023 can switch to a qualified specialist residence title.
   
• Short-term employment and seasonal work: The Federal Employment Agency (BA) has set a quota for short-term employment or seasonal work in accordance with the Employment Regulation ("Beschäftigungsverordnung") for certain occupational groups. Employment is limited to a maximum of 8 months in a 12-month period with at least 30 hours of employment per week. Employers must be subject to collective bargaining agreements and cover the travel costs.
   
• Easing of requirements for professional drivers: no driving permit checks, no priority check and no language skills required.

Click here for the full legal text of the Act on the Further Development of Skilled Immigration. The legal text of the original FEG can also be found in the Federal Law Gazette.

We have summarised the new features of the Skilled Immigration Act in two handouts for companies and for advisors.

You can find more information on the Skilled Immigration Act on the "Make it in Germany" portal.

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