Experts immigration law
The new experts immigration law only regulates the work permits for skilled workers from non-EU countries and describes the requirements for professional qualifications, the German language requirements and additional conditions in order in Germany to life and work.
The experts immigration law does not create the framework for a targeted and increased immigration of skilled professionals from EU countries (third countries). the goal is, that those professionals can come to us, require our companies urgently in view of the large manpower requirements and empty applicants markets. These are university graduates and persons professionally qualified.
Who is qualified under the new immigration law professionals?
Professionals after experts immigration law are nationals of third countries foreigners, the
A. own or a domestic qualified vocational training or equivalent with a domestic QVE foreign professional qualifications
B. a German, a recognized foreign or have a comparable to a German university degree foreign degree.
Also get Un- or low-skilled work permits?
No. The experts immigration law clarifies, it is checked the foreigner in the so-called recognition procedure on its equivalence before entering the final. There is an exception only for IT professionals with at least three years of professional experience and a level of at least currently 4.020 Euro a month and in the context of mediation agreements the Federal Employment Agency, which checks the state of knowledge of the candidates and determined, which skills training they need for the recognition of their qualifications. The salary cap is adjusted annually.
An influx into the German social security system is to prevent?
A visa for training- and job search as well as for training or employment itself is always ahead, proves that the foreigner, that he can secure during his stay his livelihood and possibly that of his accompanying family members themselves. In addition, applicants must, older than 45 are years, minimum monthly 3.685 Euro earn or prove adequate pension provision.
The assessment of the equivalence of qualifications and testing the working conditions remain fundamental for access to the labor market. This is important, ensure an appropriate payment of new professionals and a “wage dumping” to prevent.
The main changes by the experts immigration law?
are among the main innovations:
- a single professionals term, includes the university employees and professionally qualified,
- the absence of a priority examination when it approves a qualification and employment,
- the elimination of the limitation of lack of qualified professionals in training,
- the opportunity for professionals qualified vocational training in accordance with the existing scheme for university graduates for a limited time to find a job to come to Germany (requirement: German language skills and livelihood assurance),
- improved in the presence of a certified foreign qualification opportunities to stay for skills training in Germany with the aim of recognition of professional qualifications, A process simplifications by a bundling of responsibilities in the central immigration authorities and accelerated method for professionals.
Further information is available at the following German website:
https://www.bmi.bund.de/SharedDocs/faqs/DE/themen/migration/fachkraefteeinwanderung/faqs-fachkraefteeinwanderungsgesetz.html
The new immigration law professionals (Partial extractions from the law in the wording)
The new experts immigration law on the 01.03.2020 which entered into force in Germany, describes the conditions that are required, to obtain a work permit in Germany.
General:
The experts immigration law is an essential component of the cornerstones of the federal government and sets the stage for within the existing migration policy framework, that those professionals, the German economy needs, can come to Germany. It is clearly regulated and transparent, who to work- or for training purposes
can and who can not. For this, the rules are the third and fourth section of the Residence Act (AufenthG) completely restructured and comprising recast. In addition, the Employment Regulation (BeschV) adjusted accordingly. The focus, according to the economic needs
qualified professionals. These are central and uniform for the first time defined as skilled workers with vocational training and professionals with academic training. If an employment contract and a recognized qualification available, to professionals in all professions, to which they enable their qualification, work. The restriction to the bottleneck viewing omitted. dispenses with professionals in principle on the priority test; However, this is associated with the possibility, to respond easily to changes in the labor market and introduce priority check back shortly. The possibilities of stay to find a job for specialists are combined into a standard. For specialists with vocational training opportunities for temporary entry to job search is similar to the control for professionals with academic training created and tested a limited period for five years. In addition, the stay supplementary training seminars for third country nationals with abgeschlossenener abroad vocational training as part of the recognition
expanded foreign professional qualifications and more attractive and created with the involvement of the Federal Employment Agency a limited way, perform under certain conditions recognition only in Germany.
The administrative procedures more efficient and service-oriented to make, is to be concentrated for the entry of skilled workers in key positions the foreigners regulatory jurisdiction. For faster process accelerated professionals method is provided.
Through systematic simplifications, the standards are designed total clearer and more transparent.
Stay for training purposes
§ 16 of skilled labor immigration law
Principle of stay for training purposes
The access of foreigners to education is for general education and the international
Understanding as well as securing the needs of the German labor market for skilled workers.
Vocational Training; continuing Professional Education
§ 16a of the experts immigration law
(1) A residence permit for the purpose of operating from- and training may be provided,
when the Federal Labor Agency in accordance with § 39 has agreed to or by the Employment Ordinance
or intergovernmental agreement is intended, From that- and further without the consent of
Federal agency is permitted for work. During the stay in sentence 1 allowed a residence permit
to another purpose of residence for the purpose of a qualified vocational training, exercising
employment as a skilled worker, taking up employment with distinct professional practice
Knowledge according to § 19c paragraph 2 be issued or in cases of legal claim. Staying purpose of occupational QVE in sentence 1 also includes a visit to a German language course in preparation for the vocational training, in particular the visit of a job-related German language course for the German language support Regulation.
(2) A residence for the purpose of school training may be granted,
if, after nationwide- or national regulations to a state-recognized vocational qualification
leads and the educational program is not directed primarily to nationals of a State. exceptions
require the approval of the supreme state authority. paragraph 1 Set 2 and 3 Shall apply accordingly.
(3) If it is qualified vocational training, entitles the residence permit for
Exercise independent from vocational training employment up to ten hours per week. at
a qualified professional training is required to provide proof of sufficient knowledge of German, to be when required for specific qualified vocational training language skills were not reviewed by the educational institution acquired even by a preparatory German language course.
(4) Before the residence permit for a qualified professional training reasons,
which the foreigner is not responsible, withdrawn, revoked or pursuant to § 7 paragraph 2 Set 2 is shortened later, is the foreigners the opportunity to give for a period of up to six months, to find another apprenticeship.
study in Germany
§ 16b of professionals Immigration Law
(1) A foreigner is for the purpose of full-time study at a public university, at a
State-recognized university or comparable teaching institution a residence permit issued, if it has been approved by the educational institution. Staying purpose of studying includes study preparatory measures and the completion of a compulsory internship. Preparatory measures
1. a visit to a preparatory language course, if the foreigner to a full-time study
has been approved and the authorization is linked to the visit of a preparatory language course, and
2. a visit to a preparatory course or a comparable institution, when adopting a
Studienkolleg or a similar device is detected.
Proof of the necessary for the specific course of study skills training language
is only required, if these languages have been tested either in the admission decision
to be acquired even by the study preparatory action.
(2) The validity of the residence permit is in the first division and in extending
at least one year and two years should not exceed. It is at least two years, when the
Foreigners on a Union- or multilateral program with mobility participates or if
for him, an agreement between two or more higher education institutions apply. Takes the study less than two years, then the permit is issued only for the duration of the study. The permit is renewed, if the purpose of residence has not been reached and can be reached within a reasonable period. For the evaluation of, if the purpose of residence can still be achieved, the receiving institution may be involved.
(3) The residence permit authorized for employment, the total 120 days
or 240 must not exceed half days per year, and to take on student activities.
This does not apply during the stay preparatory measures of stay in the first year, except during the holiday period.
(4) During a stay under paragraph 1 allowed a residence permit for another purpose of residence for the purpose of a qualified vocational training, taking up employment as a skilled worker, taking up employment with distinct professional practical knowledge according to § 19c paragraph 2 be issued or in cases of legal claim. § 9 does not find any applications.
(5) A foreigner may be granted a residence permit, if
1. he from a public university, a recognized university or comparable
educational institution
a) has been approved for the purpose of full-time study, and admission to a condition
connected is, which is not directed to attend a preparatory measure,
b) has been approved for the purpose of full-time study and approval with the condition of the
The visit is connected a Studienkollegs or equivalent means, the foreigner
but the evidence of the assumption at a preparatory course or a comparable device
referred to in paragraph 1 Set 3 Nummer 2 can not provide or
Measures for the recognition of foreign professional qualifications
§ 16d of the experts immigration law
(1) A foreigner shall for the purpose of recognition of his professional qualifications acquired abroad
a residence for the implementation of a training measure, including himself
because subsequent checks are issued, if a according to the regulations of the Federal or
Countries has been found for the professional recognition competent authority, that adjustment- or compensatory measures or other qualifications
1. for the determination of equivalence of professional qualifications with a domestic professional qualification
or
2. in a regulated profession in Germany for the issue of professional practice permit
required are. The issue of the residence presupposes, that
1. aliens on the qualification measure corresponding German language skills, usually at least have sufficient German language skills, has,
2. the qualification measure is suitable, the foreigners the recognition of professional qualifications
or to allow access to the profession, and
3. in a predominantly operational qualification measure, the Federal Labor Agency in accordance with § 39
has agreed or determined by the Employment Ordinance or intergovernmental agreement
is, that participation in the qualification measure without the approval of the Federal Agency
allowed for work. The residence permit is to be up 18 issued and months extended for a maximum of six months up to a maximum stay of two years. You are entitled to exercise a body independent of the qualification measure employment up to ten hours per week.
(2) The residence permit referred to in paragraph 1 the right to perform a time-unconstrained
employment, their needs in a context of the later in employment
are required Job-related skills, when a concrete job offer for later
Employment in the to be recognized or detected by the requested permission profession occupation is present and the federal agency for work according to § 39 has approved or is determined by the employment Regulation, is permitted that employment without the consent of the Federal Employment Agency. § 18 paragraph 2 Nummer 3 Shall apply accordingly.
(3) A foreigner shall for the purpose of recognition of his professional qualifications acquired abroad
issued with a residence permit for two years to practice a skilled occupation
in a non-regulated profession in Germany, to enable his qualification, be allowed, if
1. aliens on the activity corresponding German language skills, usually at least
have sufficient German language skills, has,
2. from one of the provisions of the Federation or of the countries responsible for the professional recognition
Place was found, that focus on skills, Knowledge and skills in the
operational practice missing,
3. a specific job offer,
4. the employer has committed, to help compensate the determined by the competent authority differences within this time and
5. the Federal Labor Agency in accordance with § 39 has agreed to or by the Employment Ordinance or
intergovernmental agreement is intended, is permitted that employment without the consent of the Federal Employment Agency.
(4) A foreigner may for the purpose of recognition of his professional qualifications acquired abroad
issued and a residence for a year to one year to a maximum stay
be extended by three years, if the foreigner due to an agreement of the Federal Agency
for work with the employment services of the country of origin
1. via the method, the selection, the switch and the implementation of the method for detecting
the equivalence of foreign professional qualifications and to grant the profession permission
wherein by federal- or state law regulated professions in the health- and nursing or
2. via the method, the selection, the switch and the implementation of the method for detecting
the equivalence of foreign professional qualifications and, where necessary, to grant
of professional practice permission for other selected qualifications, taking into account
the adequacy of the training structures of the country of origin has been placed in a job and the Federal Labor Agency in accordance with § 39 has approved or actuating prescription emplo-through or intergovernmental agreement is intended, that the granting
the residence is permitted without the consent of the Federal Employment Agency. Requirement is also, that the foreigner found to be in collusion German language skills, usually at least sufficient German language skills, has. The residence entitled to pursue an independent of the to be recognized professional qualification employment up to ten hours per week.
(5) A foreigner may sit examinations in recognition of his foreign
Professional qualification for a residence be granted, if he German language skills, the
the test shall be deposited, usually, however, at least have sufficient German language skills, has, provided that they are not to be detected by the test. paragraph 1 Set 4 does not find any applications.
(6) After temporal end of the maximum period of residence in accordance with paragraphs 1, 3
and 4 allowed a residence for a different purpose only stay according to §§ 16a, 16b, 18a, 18be granted b or 19c or in cases of legal claim. § 20 paragraph 3 Nummer 4 stays untouched.
Language courses and school attendance
§ 16f of the experts immigration law
(1) A foreigner may a residence permit for participation in language courses, are not the
serve Study Preparation, or be issued to take part in a pupil exchange. A residence to participate in a student exchange may also be granted, if there is no direct exchange takes place.
(2) A foreigner may a residence permit for the purpose of schooling usually starting
the ninth grade level to be granted, when a composition is ensured from students of different nationalities in the classroom, and it is
1. a public or state-approved school with an international orientation or
2. a school, which is not or not financed by public funds and the students
on international degrees, prepared financial statements of other states or state-recognized degrees.
(3) During a stay to attend a language course under paragraph 1 or to attend school
referred to in paragraph 2 will usually have a residence permit for another purpose of residence only
Cases a legal right to be granted. Following a stay to attend
pupil exchange may a residence permit for another purpose only in cases of a
statutory right be granted. § 9 does not find any applications. The residence permit referred to in paragraphs 1 and 2 not eligible for employment purposes.
Find a training- or study place
§ 17 of skilled labor immigration law
(1) A foreigner may for the purpose of finding a training place to perform
a qualified vocational training residence permits are issued, if
1. he the 25. Age has not yet completed,
2. livelihood is secured,
3. He holds a degree a German school abroad or a high school diploma, of the
authorized in Germany for university entrance and
4. has good knowledge of German.
The residence permit is granted for up to six months.
(2) A foreigner may be granted for the purpose of applying to study for a residence permit,
if
1. He has the academic and language requirements for study or
this within the period of stay by Theorem 2 to be acquired and
2. livelihood is secured.
The residence permit is granted for up to nine months.
(3) The residence permit referred to in paragraphs 1 and 2 not entitled to employment and
not a student to exercise sideline. During the stay under paragraph 1 will usually a residence to another residence purpose only under §§ 18a or 18b, or in
Cases a legal right to be granted. During the stay under paragraph 2 will usually have a residence permit for another purpose of residence only under §§ 16a, 16b, 18a statutory right be granted a or 18b or in cases. "
Principle of immigration professionals; general provisions
§ 18 of skilled labor immigration law
(1) The admission of foreign employees shall be geared to the requirements of economic and
Science location Germany taking into account the situation on the labor market.
The special opportunities for foreign professionals are used to securing the skilled labor base and
strengthening social security systems. They are geared towards the sustainable integration of skilled workers into the labor market and society with the best interests of public safety.
(2) To grant a residence permit for employment under this section
presupposes, that
1. a specific job offer,
2. the Federal Labor Agency in accordance with § 39 has agreed; This does not apply, when by law, intergovernmental
Agreement or determined by the Employment Ordinance, that the exercise of
is employment without the consent of the Federal Employment Agency allowed; in this case, the
Issue of the permit be denied, if one of the situations of § 40 paragraph 2 or is present,
3. a profession permission was granted or is promised, as far as this is necessary, and
4. the equivalence of qualifications has been found or a recognized foreign or
a German degree comparable foreign degree is present, so far
this is a prerequisite for issuing residence permits.
(3) Personnel in the context of this law is a foreigner, of the
1. a domestic qualified vocational training or with a domestic QVE
equivalent foreign professional qualifications has (Professional with professional training)
or
2. a German, a recognized foreign or a German university degree
comparable foreign degree has (Specialist with academic training).
(4) Residence permit for skilled workers according to §§ 18a and 18b are for a period of four years
or, if the employment relationship or the approval of the Federal Employment Agency on a shorter
Period are limited, issued for this shorter period. The EU Blue Card is for the duration of
Work contract plus three months issued or renewed, if the duration of the work contract
is less than four years.
Skilled workers with vocational training
§ 18a of the experts immigration law
An expert with professional training can be a residence for the purposes of qualified
Employment be granted, to their acquired qualification enables them.
Professionals with academic training
§ 18b experts immigration law
(1) A specialist with academic training, a residence permit for the purpose of
qualified employment are granted, to their qualification enables them.
(2) A specialist with academic training is without the consent of the Federal Employment Agency
an EU Blue Card issued for the purpose of their qualifications suitable employment, if
a content of at least two thirds of the annual income threshold in the general
Pension receives and none in § 19f paragraph 1 and 2 Reasons for rejection regulated present.
Professionals with academic training, exercise a profession, of the groups 21, 221 or 25
following the recommendation of the Commission of 29. October 2009 on the use of the International
Standard Classification of Occupations (ABl. The 292 from 10.11.2009, S. 31) heard, can the EU Blue Card
Notwithstanding sentence 1 be issued with the approval of the Federal Employment Agency, if the amount of
content of at least 52 Percent of annual income threshold in the general pension
is. The Federal Ministry of the Interior is the minimum salaries for each calendar year
to 31. December of the previous year in the Federal Gazette. Notwithstanding § 4 paragraph 3 Set 3 is
EU Blue Card permission required for a job change an owner only in the first two years of employment by the Immigration Office; it is given, if the conditions
be issuing an EU Blue Card.
Employment in selected occupations with distinct professional practical experience
37. to article 51 Nummer 6 (§ 6 paragraph 1 and sales 2 - new - BeschV)
in Article 51 is number 6 to take is as follows: ‚6. § 6 shall read as follows: „§ 6
Employment in selected occupations with distinct professional practical experience
(1) Consent may ... < continue as template >…
(2) In selected bottleneck professions foreigners consent may for
skilled employment be issued regardless of the qualifications as a specialist, if
the foreign national a by acquired in the last seven years, at least five years' experience demonstrated comparable qualification and sufficient German Language skills has.
§ 9 paragraph 1 does not find any applications. In justified cases German language may be dispensed to the detection, if the foreign national is committed in the employment contract to participate in a part-time courses.
Foreigners, older are as 45 Years, approval shall be granted only, if
they have adequate pensions. " '
Reason:
§ 6 paragraph 2 BeschV creates the possibility, in more detail certain bottleneck professions, outside the
Jobs in the information- and communication technology, Foreigners / -Innen with distinct professional practical knowledge a labor market access granted.
Although recognized qualifications are an important control option of immigration,
if they already have available at the time of entry. However, recognition procedures
in light of the special features of the German dual education does not become a hindrance in the
be immigration bottleneck professions. After a bottleneck analysis of the Federal Employment Agency is
increasing demand for skilled workers, especially in technical professions. In view of the technical progress
In many areas there often is no longer on the original training content to, rather
rather on non-formal skills, which can only be obtained in professional practice. Around Here
to take account of changing needs of businesses and realities, should
be opened, with the definition of shortage occupations an opportunity, on many years of professional practice
shut experiences.
The proof of German language skills all the circumstances in justified individual cases, after weighing
only be waived, if the alien or foreigner in the employment contract to participate
is committed to a part-time courses. For foreigners, older are as 45 Years, is also provided, that they have when applying for a residence permit an adequate pension. The scheme an unregulated immigration is to be prevented in the social systems. The evidence is examined by the Federal Employment Agency as part of the approval process, to in § 39 paragraph 2 Nummer 2,
Further information is available at the following German website:
https://www.bmi.bund.de/SharedDocs/faqs/DE/themen/migration/fachkraefteeinwanderung/faqs-fachkraefteeinwanderungsgesetz.html