- August 12, 2020
- Posted by: Editor
- Category: Law
The German authorities have updated the legislation concerning the issuance of the Germany skilled worker visa, easing the process of obtaining this type of document. Although Germany is one of the most developed economies at a global level, it has a deficiency with regards to the overall number of specialists it needs in specific economic sectors.
This is why the access of highly skilled workers interested in moving to Germany was simplified. At the beginning of 2020, the country had approximately 1,2 million job openings that were not filled by German employees or EU (European Union) workers. Consequently, the Germany immigration law regarding the access of non-EU workers was modified; our immigration lawyer in Germany can present the main aspects of the new law. We can also advise on how to obtain German citizenship.
What is the law regulating the Germany skilled worker visa?
The Germany skilled worker visa addressed to non-EU nationals is currently regulated under the Skilled Immigration Act. The legislation came into effect starting with the 1st of March 2020 and it aims at attracting skilled workers from domains such as engineering, IT or persons specialized in the care of elderly persons.
As a general rule, a non-EU worker can be accepted for a job opening in Germany or in other EU countries as long as the employer was not able to find a suitable employee on the local employment market. If the local market did not yield any positive results, nor did the EU employment market, then the employer can enter a labor contract with a national of a third country interested in moving to Germany for work purposes.
With regards to the enactment of the new law, it must be noted that for specific sectors, such as the ones mentioned above, the Germany skilled worker visa no longer requires German employers to follow the priority system. The advantage of the Skilled Immigration Act is that it provides more flexibility to non-EU workers and our immigration lawyer in Germany can present more details on its advantages and stipulations.
Under the regulations of the law, foreigners can apply for a Germany skilled worker visa without having an employment contract already signed with a local employer, this being one of the main requirements in the previous legislation. Instead, the foreigners can take the steps necessary for relocation to Germany and apply for job seekers’ visa, issued for a period of six months, a period in which they can find a job opportunity in their field of expertise.
However, it must be noted that the above-mentioned regulation is available only if the foreign applicant applies for a Germany skilled worker visa in one of the sectors in which the country lacks qualified workforce. Although the new law has simplified the visa issuing procedures, foreigners must be aware that they must comply with language proficiency. An additional requirement in order to be eligible for the job seekers’ visa is to have sufficient financial funds for living here while searching for a job. The work visa also comes with a residence permit in Germany.
What other options are available under the Germany skilled worker visa?
Foreigners who have the qualifications that correspond to a skilled worker can apply for the EU Blue Card, a type of employment permit that is addressed to non-EU citizens who have earned a university degree. In this particular case, the applicant must have an employment contract with a local employer in Germany, signed for a period of at least one year. The work contract can be used as a document when applying for the residence permit in Germany.
In the case of Germany skilled worker visa obtained as an EU Blue Card, the person must meet basic requirements referring to the annual gross salary, which must be of at least EUR 55,200. For certain professions, the annual salary can be lower and the approval of the Federal Employment Agency will be required prior to actually receiving the work permit.
Although Germany currently lacks specialists in several economic sectors, it also represents the country with the highest rate on the issuance of the EU Blue Card. Numerous non-EU skilled workers decided moving to Germany under this program, which was launched in 2012 and which, since then, increased in demand, as follows:
• in 2013, Germany issued 11,290 EU Blue Cards and in 2018, it issued 27,241 permits;
• by nationality, India had the highest demand for Germany skilled worker visa as an EU Blue Card, accounting for 27,7% of all the documents issued in 2018;
• China accounted for 8%, the Russian Federation for 5,9% and Turkey for 4,8%;
• in 2017, Germany accounted for 84,5% of all the EU Blue Cards issued at a European level;
• in comparison, the 2nd most important issuer of EU Blue Cards was France, accounting for only 5,3%.
Persons interested in applying for a Germany skilled worker visa are invited to contact our lawyer. Our immigration lawyer in Germany can present the types of documents the applicant must prepare and can also explain the steps that have to be completed when searching for employment in this country. We can also help foreign citizens apply for German citizenship.