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The amendments to the Skilled Immigration Act are intended to offer qualified specialists from abroad better opportunities for training, studying and working in Germany. These measures are intended to combat the shortage of qualified specialists in Germany and increase the country's attractiveness as a destination for qualified specialists.
The amendments to the law will be implemented in three stages from November 2023 to June 2024. The second stage came into force on 1 March. These changes are summarised below:
Entry, residence and employment for the recognition of a foreign professional qualification
- Qualification measures (§ 16d (1) and (2) AufenthG) give qualified specialists the opportunity to have their foreign professional qualifications recognised in Germany. For this purpose, a residence permit is issued for 24 months (previously 18 months), which can be extended by 12 months (previously six months). In addition, a part-time job of 20 hours per week (previously 10 hours) or unlimited employment in a professional context is now possible.
- The recognition partnership (§ 16d (3) AufenthG) includes the obligation of the qualified specialist and employer to actively pursue the recognition procedure after entry. An employment contract, the existence of a professional qualification recognised by the state in the country of origin and German language skills at A2 level (CEFR) are required for the visa to be issued. This means that it is possible to enter Germany without having already started the recognition procedure.
- The qualification analysis (§ 16d (6) AufenthG) is used if an equivalence assessment cannot be carried out due to the partial absence of the required documents. In these cases, knowledge can be determined by other procedures (e.g. work samples, specialised interviews, etc.). During the stay, a part-time job of 20 hours per week or employment related to the equivalence procedure is possible without time restrictions, provided the Federal Employment Agency agrees. Subsequently – if necessary – a residence permit to achieve full equivalence in accordance with § 16d (1) or (3) or a residence permit as a qualified specialist in accordance with § 18a can be applied for.
Entry and employment for qualified specialists
- Entry and employment for persons with extensive practical professional experience (§ 19c (1) and (2) AufenthG in conjunction with § 6 BeschV) has been extended from the group of IT specialists to all sectors. The requirements for entry and employment in non-regulated professions are proof of at least two years of state-recognised vocational or higher education in the country of origin or a qualification from a German Chamber of Commerce Abroad (AHK) and at least two years of professional experience. In the case of IT specialists, the requirement of a vocational or university degree does not apply.
- The settlement permit will be issued to qualified specialists who hold a residence permit as a qualified specialists after just three years (instead of the previous four).
New regulations in the area of asylum
- The new "lane change" (§ 10 AufenthG) enables asylum seekers to obtain a residence permit as a qualified specialist if they entered the country before 29 March 2023, have a job offer and are in possession of an employment qualification.
You can find more information in our Information library as well as in our handouts for companies and advisors.
The full text of the law can be read here.