NEW IMMIGRATION LAWS APPROVED IN GERMANY FOR 5 YEARS TILL 2023

6-Month Job Seeking Visa

If you’re a professional/expert in your field, then this visa will make it easier for you to migrate to Germany even without a concrete job offer. You will however need to prove that you have the required German skills to work in that field and are able to sustain yourself during your stay in Germany before getting the visa. Previously, the visa was only available to people who went to German universities, this will no longer be the case.

Priority for German Employees over Third State Nationals Waived

This new law will generally eliminate the Priority Check (Vorrangprüfung) i.e. the employer having to provide evidence that there is no German or EU national that can do that job before being allowed to offer it to a Third State (Drittstaat) national. 

However, States where the unemployment rates are high will be allowed to reintroduce the Priority Check and even restrict access to some professions.

Restriction to Some Professions

This new law will allow for professionals and skilled employees who move to Germany to work “in all professions to which the credentials qualify the candidate”.

Previously, Third State nationals who got an approval without the Priority Check could only work in the professions identified to have a deficiency in applicants by the Federal Employment Agency (Bundesagentur für Arbeit).  There are currently 61 professions in the BA’s list.

IT Professionals

If you’re an IT Professional, then the rules are even more flexible for you. IT Professionals and other professions with an acute deficiency in applicants for positions, will be able to get a work permit without any formal qualifications if they can prove extensive work experience and have a job offer.

Easier transition to the job market for rejected Asylum Seekers

You might have followed the discussion on “Spurwechseln” i.e. whereby individuals apply for asylum and if that doesn’t work out, they instead look for a job and get a work permit instead. 

Well although there’s no official restriction to this, Seehofer mentioned that this law will continue to separate Asylum from labour migration and clear criteria shall be defined in the Right to Residence laws (Aufenthaltsrecht) to avoid people taking advantage of this new provision.

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