Information on the Immigration Act

Information on the Skilled Immigration Act FEG

The Skilled Immigration Act (FEG) is a German law that entered into force on 1 March 2020. The aim of the Act is to facilitate the immigration of qualified skilled workers from third countries and to combat the shortage of skilled workers in Germany.

Among the most important provisions of the FEG is the possibility for skilled workers to enter Germany without a job in order to seek employment here. For this, however, the skilled worker must be able to prove a qualified vocational training and at least one year of professional experience in a shortage occupation. Shortage occupations are those in which there is a particularly high shortage of skilled workers in Germany.

A further important provision concerns the recognition of foreign professional qualifications. The FEG provides for a simplified and accelerated procedure for this. The aim is to reduce obstacles to the recognition of foreign professional qualifications and to facilitate the integration of skilled workers from third countries into the German labour market.

The FEG also regulates the conditions for granting a residence permit for qualified skilled workers from third countries. The residence permit is issued for a period of four years and can be extended. During their stay in Germany the skilled worker must pursue employment that corresponds to their level of qualification.

Various authorities are responsible for implementing the FEG, including the Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees, BAMF), the immigration offices of the federal states and the Chambers of Industry and Commerce (IHK).

The FEG is an important instrument for combating the shortage of skilled workers in Germany. It offers qualified skilled workers from third countries an opportunity to work in Germany and to develop professionally. At the same time the Act contributes to the integration of immigrants into the German labour market and strengthens the competitiveness of the German economy.

Legislative details:
The Skilled Immigration Act (FEG) entered into force on 1 March 2020 and was published in the Federal Law Gazette (BGBl. I p. 265). It amends various laws, including the Residence Act (AufenthG), the Freedom of Movement Act/EU (FreizügG/EU) and the Asylum Act (AsylG).

Skilled workers

Skilled workers are persons who have either completed a qualified vocational training in Germany or have acquired a professional qualification abroad that is equivalent to a qualified vocational training in Germany. Persons with a university degree that is comparable to a university degree in Germany are likewise regarded as skilled workers.

Entry into the labour market is made easier for skilled workers by the abolition of the priority check by the Bundesagentur für Arbeit (Federal Employment Agency, BA). A qualification recognised in Germany and an employment contract or job offer are, however, prerequisites. Employment opportunities are based on the qualification acquired and also include related occupations. Skilled workers with vocational training have access to all occupations for which their qualification qualifies them.

Skilled workers with qualified vocational training may also enter to seek employment and receive a residence permit for up to six months. Prerequisites are recognition of the foreign qualification, proof of sufficient German language skills and the ability to secure one’s livelihood. During the stay for job seeking, trial employment of up to ten hours per week is possible.

The possibility of residence for qualification measures in Germany is being expanded. This requires a recognition procedure from abroad with the competent authority in Germany. Here too, sufficient German language skills and the ability to secure one’s livelihood are prerequisites. The 18-month residence permit can be extended to a maximum period of two years.

Trainees and students

The new rules affect trainees and students alike. Those interested in training now have the option of entering Germany to seek a training place, provided they meet certain criteria such as German language skills at level B2 and independent means of subsistence. In order to prepare for the training, a German language course or an occupation-related German language course may be attended with a residence permit for qualified vocational training.

There are also expanded options for changing status for international students. They can switch to other residence titles even before completing their studies, for example in order to begin vocational training. Under certain conditions and after examination by the BA, it is possible during studies or vocational training or continuing education to accept a job offer as a skilled worker and to switch to a residence permit for the pursuit of qualified employment.

Finally, graduates of vocational training in Germany, like university graduates, can obtain a settlement permit after two years, which the new Act makes possible.

Companies

Using a power of attorney from the skilled worker, employers can initiate an accelerated skilled-worker procedure with the competent immigration office in Germany in order to shorten significantly the duration of the administrative procedure until the visa is issued. The following information and steps are important:

First, an agreement must be concluded between the company and the immigration office which includes, among other things, authorisations and obligations of the employer, the skilled worker and the authorities involved (immigration office, Federal Employment Agency, recognition bodies, foreign mission) as well as a description of the processes including the parties involved and deadlines.

The immigration office advises the employer, supports them in the procedure for recognising the skilled worker’s foreign qualification, obtains the consent of the Federal Employment Agency and examines the residence-law conditions for issuance. The recognition bodies and the Federal Employment Agency must decide within certain deadlines.

Once all conditions are met, the immigration office issues a prior approval which is sent to the employer for forwarding to the skilled worker. The skilled worker arranges an appointment with the foreign mission to apply for the visa, which takes place within three weeks. At the appointment the original of the prior approval must be presented together with further documents required for the visa application.

After the skilled worker has submitted the complete visa application, a decision is as a rule taken within a further three weeks.

The accelerated skilled-worker procedure also covers the spouse and minor unmarried children of the skilled worker, provided they meet the statutory conditions for family reunification and submit an application at the same time.

A fee of €411 is payable for the accelerated skilled-worker procedure at the immigration office. In addition there is a visa fee of €75 as well as fees for the recognition of the qualification.

Requirements

It is of great importance that you first have your foreign qualification recognised if you intend to work or complete training in Germany.

Language skills are essential for entry to seek a training place or to seek employment as a skilled worker with vocational training, as well as for residence during qualification measures.

If you are still in your home country, the German foreign missions are responsible for issuing the necessary visa. If you already live in Germany, you should contact the local immigration offices with questions about residence and visas.

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