NEW LAW REGULATING QUALIFIED LABOUR MIGRATION TO GERMANY AND THE INNOVATIONS IT BRINGS
The Skilled Labour Migration Act (“Act”) covers individuals who are experts in their professional fields or who have received professional training in their country of origin and wish to live in Germany. The new Act will come into force on 1 March 2020. The Act makes it easier for skilled workers to find employment in Germany and obtain residence and work permits. With the Act, individuals who have received vocational training will be able to migrate to Germany for work purposes, even if they do not hold an academic degree. In this context, the new Act provides various benefits to individuals who have received vocational training. Of course, there are certain conditions that must be met. In this article, we would like to briefly discuss the content and scope of the new Act.
First, we need to clearly define what constitutes a qualified workforce. According to the law, a qualified workforce includes individuals who have graduated from a higher education institution or have completed at least two years of vocational training. These individuals must also obtain recognition of their foreign education from the relevant German authority. Otherwise, they will not be able to secure employment related to their vocational training.
WHAT ARE THE NEW FEATURES OF THE NEW IMMIGRATION LAW?
Explaining the new features of the new immigration law will make it easier to understand the content of the law. The law expands the scope of the concept of qualified workforce, enabling individuals who have received vocational training to benefit from the immigration law. In this context, the restrictions in previous laws regarding having an academic title or having received education in this direction have been removed. Other innovations are briefly as follows:
1- Innovations in the Job Search Phase
a) For individuals who have received a job offer or employment contract from a company/business in Germany:
For individuals seeking to migrate to Germany as qualified labour, if they have received a job offer from a company/business in Germany or have entered into an employment contract with the relevant business, their migration to Germany is facilitated. In addition to the job offer or employment contract, the equivalence of the professional education received by the individual must also be obtained from German institutions. Individuals who meet both conditions may be exempted from the examination conducted by the Employment Office.
b) Traveling to Germany for the Purpose of Finding Employment
The new law has significantly simplified entry into the job market. Accordingly, individuals who are experts in their field or have received professional training may travel to Germany for the purpose of seeking employment. Upon application for the necessary visa, the individual will be granted a 6-month visa. As a condition, the vocational training must be recognised in Germany, a language certificate proving proficiency in German at the B1 level must be presented, and proof of sufficient economic income to sustain oneself during the period of stay in Germany must be provided.
During the 6-month period, individuals may engage in trial work for the purpose of finding employment. This period may not exceed 10 hours per week. This allows employers and employees to test their suitability for the job and whether they can work together. The trial period also applies to individuals with academic titles.
2-Innovations in Work Options
Individuals with qualified labour force will be able to work within the framework of the skills and experience they have gained through their education. In other words, individuals will be able to work in different fields of work where they can utilise the skills and experience they have gained through their education. Individuals with academic titles will be able to work not only in the fields of education or specialisation they have received but also in professional jobs that do not require an academic title but are similar to or different from the education they have received (except for teaching). In the EU Blue Card, however, the condition of having a specialisation and academic education is always required. As can be seen, the new law provides diversity and flexibility in the types of jobs that can be pursued.
3-New Developments Regarding Persons with Vocational Training
Seeking employment and working in Germany with only vocational training and no academic qualifications is no longer an exception. In Germany, it is now possible to obtain a residence permit and enter the workforce with recognised and equivalent vocational training, based on the education and experience of the individual. The new law makes this possible.
Conclusion
Obtaining a residence permit in Germany for qualified workers has been made easier under the new law. The most important requirement for this is the recognition of vocational training in Germany. First, the vocational training must be recognised in Germany, and then a job related to the profession in which the individual intends to work must be sought. With the recognition of vocational training, those wishing to open a business may do so if they meet the other requirements.
For those wishing to go to Germany for work purposes, finding a workplace is important alongside the recognition of vocational training. With the recognition of vocational training, individuals can apply for a work visa as well as apply for jobs in Germany.
Av. Dr. Anıl Coşkun, LL.M. (Mainz)
