Following the large-scale refugee crisis in 2015, "orderly immigration" became an urgent issue recognized by both politicians and public opinion in Germany. This undoubtedly accelerated the legislative process for a new immigration law. In October 2018, the Grand Coalition government reached a consensus on the framework of the immigration bill, which was subsequently passed by the Cabinet in December.
Two Categories of Skilled Personnel
A significant difference between the new law and existing legislation is the expansion of the labor market from being primarily open to those with university degrees or higher, to including skilled workers with qualifications below an undergraduate degree. The new law introduces the concept of "skilled personnel," which encompasses not only those with university education but also those who have completed formal vocational training. This means that, for instance, graduates of vocational and technical colleges in China (junior colleges, vocational schools, and technical schools) have become a new group permitted to seek employment in Germany.
Correspondingly, the scope of the existing "Jobseeker Visa" will be expanded to include all skilled personnel. Currently, foreigners who have obtained degrees from universities outside of Germany can receive a visa for up to 6 months to look for work in Germany, provided they submit proof of financial means. The new law extends the scope of this visa to all professional personnel, including those with vocational skills, although this category of applicants is required to possess sufficient proficiency in German corresponding to the job position. Furthermore, all applicants must demonstrate sufficient financial strength to cover their living expenses while seeking employment in Germany.
Abolishing "Priority Review"
The new immigration law also abolishes the so-called "priority review" system. Currently, for non-EU applicants who have received a job offer or contract from a German company and have applied for a work visa, the German Federal Employment Agency must check whether there are any applicants from Germany or other EU countries qualified for the position. Only when no suitable candidate from the EU can be found does the employment office grant a work permit to non-EU applicants.
To date, this regulation has been one of the biggest obstacles for non-EU professionals seeking jobs in Germany, and many companies, especially small and medium-sized enterprises, have abandoned their recruitment intentions out of concern for the high time and resource costs associated with hiring foreigners. The new law has now abolished this system.
However, the new Immigration Act also leaves room for the reintroduction of the "priority review" system. It provides that the government has the right to retain or restart the "priority review" system if there is a genuine need in the labor market of a specific region.
Who Stands to Benefit?
Legal experts suggest that from the perspective of Chinese nationals, the conditions for skilled labor migration have significantly improved for those with a bachelor's degree or higher. Because the priority review has been abolished, as long as one finds a job that fits their qualifications and the salary level and benefits stipulated in the contract meet general German standards, a work visa can be obtained. Moreover, unless the job requires German proficiency, providing proof of German language skills is no longer a prerequisite for issuing a work visa.
However, for those without an undergraduate degree, the actual improvements and incentives brought by the new immigration law are questionable. This is because, compared to university degrees, the certification process for vocational technical qualifications is complex and cumbersome, and there is still no unified, searchable information platform. Only some industry or corporate association websites provide partial information.
Germany's "Skilled Immigration Act" is scheduled to take effect at the beginning of 2020. Regarding whether the new law will have an immediate effect for Chinese individuals interested in working in Germany, consultants remain cautious. They believe that only if relevant German departments actively prepare and adjust during the six months prior to the implementation of the new law, and cooperate and enforce it diligently thereafter, can the goal of attracting talent quickly be achieved. From the perspective of visa processing alone, it may take some time for the German embassies and consulates across China to adapt to the new immigration law.
In addition, it should be noted that the new Immigration Act requires that applicants find a job position in Germany as a prerequisite for employment. For average citizens living in China, there is currently a lack of platforms providing information on jobs in Germany. Furthermore, if the new policy is to successfully attract Chinese professionals to apply, the available opportunities for learning German in China must also be expanded.