As of: March 1, 2024, 11:17 a.m
By: Giorgia Grimaldi
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New laws for skilled labor migration will apply from March.
A lawyer explains what's new and whether the reform keeps its promise.
“The user experience in Germany is not good,” says lawyer and migration law expert Marius Tollenaere about the status quo on skilled immigration.
“We have too many loops in the system.”
Since the reform of the Skilled Immigration Act was passed last summer, important changes have gradually come into force.
For example, the “Blue Card” as a residence permit for university graduates has been significantly more attractive since November 2023 with a lowered salary threshold.
Further innovations have been valid since March 1, 2024.
For example, the opportunity for skilled workers from third countries to stay in Germany for up to three years in order to have certificates and professional experience recognized or to continue their training.
Previously this was only possible for 18 months.
Legal expert explains the problem with the “sacred cow”
In the future, practical experience will also have more weight when assessing a “qualified” specialist.
A big change, because getting foreign practice and certificates recognized in skilled trades in Germany is tough.
The reason for this is the “sacred cow,” says Tollenaere.
He is referring to the German recognition system based on dual training (work in a company and vocational school), which most other countries do not know.
While certificates and practical experience previously had to correspond to the German standard, the reform means that the specialist's qualifications will now be measured against the standard of their country of origin.
“If a bricklayer from Guatemala is a qualified bricklayer according to the authorities there, he will also be recognized as a qualified specialist here,” explains Tollenaere – provided he has a degree and two years of professional experience.
Personal consultation with the migration authorities © imageBROKER/Joko/IMAGO
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An important step, but: In order to assess the quality of the immigration process in Germany, it is not enough to just look at the legal situation, warns the lawyer.
“It’s also about processing.”
For “highly qualified specialists”, such as engineers and IT specialists, the responsible authority (ZAB) works with its own database to compare degrees.
This does not apply to apprenticeships.
Instead, each individual must submit an application for examination.
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According to Tollenaere, this is a problem.
“We have a profound and systemic undercapacity in immigration administration.”
As long as there are no more staff in the authorities, the law runs the risk of “becoming a victim of its own success,” said the legal expert.
The legal changes are intended to make Germany more attractive as an immigration country for skilled workers.
But the bureaucracy is already working at its limit.
We have to start investing in resilient migration authorities.
Part of this is digitalization.
“But we also need people in this system.”
Developed migration systems are always complex and playthings of political and economic interests.
The human component is important despite all digitalization.
Also to be able to cover individual cases.
More about this: “I finally want to work” – Brazilian lawyer talks about arriving in Germany
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“A three minus” – these countries do it better
Depending on the case, there are also a few months of waiting time in other countries, explains Tollnaere.
But the difference is the basic setting.
“In Great Britain, for example, they no longer require the original documents,” so they accept a certain risk of misuse in favor of efficiency.
Compared to countries like Canada or Sweden, Germany also shows a different attitude when it comes to the question of who is most interested in skilled worker immigration.
“Here everything depends on the employee,” says the lawyer, referring to the appearance at the authorities and the provision of all documents.
Other countries hold employers much more accountable.
This also gives them more rights and ultimately benefits from a certain level of planning: companies know when they can expect their specialists.
In Germany that is hardly possible.
Due to long waiting times and many individual case reviews, it is not known how long the process will take.
This is a problem for both employees and companies.
“When an employer advertises a position, it is usually for now or soon and not for a year from now,” says Tollnaere.
Overall, the expert rates the German system as “three minus”.
A lot is possible on paper.
But there is still a problem with the actual implementation.
“Employers need more flexibility in their requirements”: Expert on the reasons for a shortage of skilled workers