Ukrainians, Belarusians and citizens of other non-EU countries will soon be able to migrate to Germany for their proverbial bread under new rules. Working in Germany will be possible because the labour market there has been opened up. However, they have placed many restrictions on the entry of potential non-EU workers into their country. What are they? You will read about this below.
Read also: Working in Germany - new opportunities for non-EU nationals from 2020.
Law on immigration of skilled workers
The German Bundestag recently decided to open the German labour market to skilled workers from third countries (i.e. countries outside the EU). The reason for this decision was the increasing shortage of labour on the German market and the ageing population. The passing of the Immigration Act is expected to attract skilled workers to Germany from countries such as Ukraine.
When will the skilled immigration law come into force?
The Skilled Workers Immigration Act will come into force on 1 March 2020.
What will change with the entry into force of the Act?
The Skilled Workers Immigration Act creates a framework for the immigration of skilled workers from third countries to Germany.
University graduates and workers with vocational training who are citizens of countries outside the European Union will be recognised as specialists. These persons will be able to work as skilled workers according to the qualifications they have acquired. The basic condition for both groups will be the recognition of their qualifications in a special procedure. You can find out more about the procedure for the recognition of professional qualifications at "Recognition Portal".
Only IT specialists were treated separately by the legislator. They can, under certain conditions, gain access to the German labour market without a formal qualification. I.e. without having completed school or holding a diploma in this field.
The Act does not provide any new opportunities for unskilled and low-skilled workers to access the labour market.
Entry into the German labour market for so-called specialists already holding an employment contract will be easier. Their employers will then be exempted from having to obtain a certificate of inability to meet staffing needs in the local labour market.
The law also gives non-EU foreign skilled workers the opportunity to register with the Employment Agency (Agentur für Arbeit) as jobseekers for up to six months. The prerequisite is a communicative knowledge of German and sufficient money for the stay.
Working in Germany - what do I need to do to work as a specialist in Germany?
It will be important to recognise foreign professional qualifications according to the procedure described above.
Those who can count on employment in Germany will be university graduates and people with vocational training.
Who is a skilled worker as defined by law?
Skilled workers under the Skilled Workers Immigration Act are foreign nationals who are citizens of a third country and who hold a domestic professional qualification or a foreign professional qualification equivalent to a domestic qualification or hold a German university diploma, a recognised foreign university diploma or a foreign university diploma comparable to a German university diploma.
Does the Skilled Labour Immigration Act also open up the possibility of immigration of unskilled or low-skilled workers?
No. The Law on the Immigration of Skilled Workers explains that a foreigner's qualifications are checked for equivalence in a so-called recognition procedure. An exception is made for IT specialists with at least three years' professional experience, who will be employed in Germany at a rate of at least €4020/month. The salary will be adjusted annually.
Provision of livelihoods
Applicants for a German training, job-seeking or work visa are always required to demonstrate that the foreigner is able to provide for themselves during their stay in Germany. Persons over the age of 45 should earn at least €3,685 per month or prove that they have adequate savings for retirement (pension plans).
The assessment of equivalence of qualifications, as well as the assessment of working conditions, play a non-negligible role in the access of foreigners from third countries to the labour market in Germany. This is important to ensure adequate remuneration for newly qualified employees and to prevent wage dumping.
Read also: Kinderzuschlag - German family allowance and Who is entitled to the German family benefit Kindergeld?
Working in Germany - summary
According to the new law on the immigration of skilled workers to work in Germany or to look for work, people who
- university graduates and those with vocational training;
- undergo a procedure for recognition of their professional qualifications (except for IT specialists);
- speak German to a communicative degree;
- demonstrate that they have the financial means to support themselves in Germany.
According to research centres in Ukraine, interest in working in Germany among potential migrant workers is high. According to Google Trends, searches for the phrase 'workplace in Germany' have been particularly frequent in recent months. Also, airlines are expanding their offerings for flights between Ukraine and Germany, expecting high traffic on these destinations. Will this really be the case?
Well, good salaries certainly await for those who decide to move across the Oder. However, going through the whole procedure related to the recognition of professional qualifications is not easy. This is mainly due to the fact that countries have different education systems. In some cases, you will need to supplement your education. This in turn may involve undertaking training in Germany. An important element is knowledge of the German language and having more money to start with than in Poland.
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