Germany wants to attract non-EU workers to its labor market and has recognized that the country’s tedious bureaucracy and rigid rules put it at a disadvantage compared to other skilled immigration destinations such as the United States or Canada. The amendment to the immigration law passed by the German Bundestag this Friday is intended to end this discrimination. The new norm offers more facilitation, lowers the requirements and even allows entry into the country without a permanent job offer, with a visa or an “opportunity card” that allows them to stay legally while looking for a job.
“It’s the most modern immigration law in the world,” assured Home Secretary Nancy Faeser in the parliamentary session, where it passed with 388 votes in favor (the governing coalition of Social Democrats, Greens and Liberals), 234 votes against and 31 abstentions. The Christian Democratic opposition of the CDU refused to approve the text on the grounds that it also opened the door for the entry of unskilled workers. The far-right AfD directly assures that the country does not need anyone from outside.
Germany has a very serious problem of labor shortage. In surveys, companies identify it as one of the biggest risks to their business. They cannot find staff in the country and it is very difficult to compete with other places to attract migrant workers from non-EU countries. Labor Minister Hubertus Heil has calculated that by 2035 there will be a gap of seven million workers. The German labor market would need to recruit 400,000 people from outside the EU each year to balance the aging population pyramid.
The new regulation provides for a points system based on the Canadian model, which gives access to the so-called “Opportunity Card”, a visa that entitles the holder to look for work in Germany for one year, provided the applicant can prove that he can contribute to this during this time. . The system awards points based on various criteria such as professional experience, age, connection to Germany or language skills. Anyone under the age of 35 earns points. They have at least two years of professional training in their country of origin or a university degree. And, knowing that English-speaking countries are far more attractive, the government has lowered the required level of German from A2 (basic) to A1 (beginner).
The reduction of bureaucracy is at the heart of the new standard. Until now, the process of recognizing foreign titles has been so complicated that many companies either didn’t even try or went through months of paperwork before they could hire their employees from outside the EU. “It is unacceptable that 17 different forms have to be filled out in order to bring a health worker to this country,” complained Faeser in the Bundestag. What is new is that many titles in Germany no longer have to be approved. A degree recognized in the country of origin and at least two years of professional experience are sufficient. In addition, if the title needs to be recognized, the person can start work during the process.
The coalition parties also want to support educational migration, i.e. the opportunity to emigrate to Germany for vocational training or studies with the aim of staying and working there permanently. Foreign students can do paid internships to earn a living.
The possibilities for family reunification are also being expanded. Previously, professionals could bring their spouse and children with them, but now parents and parents-in-law can do the same.
The law is intended to deal much more flexibly with visas that were previously issued for a specific purpose. For example, if someone enters the country on a tourist visa and is offered a job, they must leave the country and apply for a new visa. According to the text adopted by the Bundestag, this will no longer be necessary, since the permits can be adapted to the circumstances.
There is also news for asylum seekers. The government wants to give them the opportunity to start vocational training or find a job. If their procedure is already underway and they are offered a job, they can remain in Germany even if it is ultimately determined that they are not entitled to asylum (recognized refugees already have the right to work). In order not to create incentives for irregular immigration, this option is only offered to those who have an ongoing asylum procedure, but not to new applicants. The deadline ends on March 29 of this year. The exception was included in response to criticism from the conservative opposition, which accused Olaf Scholz’s government of dismantling barriers to immigration and encouraging the entry of people with low qualifications.
Business associations and industry have generally reacted positively to the new law. Arndt Kirchhoff from the Association of the Metallurgy and Electrical Industry assured the public broadcaster ARD that, for example, the simplification in the recognition of qualifications was appreciated. There is also criticism because the standard does not go as far as it should. The President of the Central Association of German Crafts (ZDH), Jörg Dittrich, still considers it too bureaucratic. The general manager of the Central Association of the German Construction Industry, Felix Pakleppa, misses the fact that he relies so much on the existence of formal qualifications, when his industry needs staff with professional experience.
The conservative parties are still convinced that issues such as lowering German language skills will benefit the low-skilled. Andrea Lindholz from the Bavarian CSU criticized this in her speech. Moreover, admitting asylum seekers risks “turning the process into a kind of state-funded job search in Germany,” he added.
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