A shortage of skilled workers is holding back many companies. They are unable to accept orders because they lack qualified personnel. It therefore makes sense to look outside Germany for reinforcements. In order to facilitate the immigration of workers from countries outside the EU, the Skilled Immigration Act came into force on 1 March 2020. It simplifies various provisions of the Residence Act and other laws. Form your own opinion as to whether this opens up a relevant way to fill personnel gaps in your company!
The new opportunities for you as an employer
1. Expansion of target groups through a more comprehensive definition of “skilled worker”
You can now employ not only university graduates from non-EU countries. Also, you may hire qualified skilled workers who have completed at least two years of vocational training recognised in Germany. For non-academics, this was previously only possible with training in a skilled trade or nursing profession. In addition, these had to be designated as shortage occupations by the Federal Employment Agency in the so-called positive list. This list no longer exists.
2. Extension of employment opportunities to related occupations
You can now also employ foreign skilled workers in a profession related to their vocational training. The prerequisite is that their acquired qualifications enable them to perform this work. It is also possible to employ foreign skilled workers with academic training in non-academic occupations. These occupations however must be related to their studies. IT experts no longer need a formal degree. Three years of practical professional experience and a minimum salary in the German employment contract are sufficient.
3. Simplification of procedures through the elimination of the priority check
There is no longer a priority check. So it is no longer necessary to determine whether applicants from Germany or the EU are available who should be given preference.
4. Support with the recognition process for foreign professional qualifications
The newly established Central Service Agency for Professional Recognition in Bonn (ZSBA) advises skilled workers from abroad on professional recognition in Germany. One example is advising on the compilation of the relevant certificates and documents. This relieves the burden on the authorities when assessing the equivalence of qualifications with the German reference occupation. You can also call the ZSBA if you have any questions. In addition, the well-known recognition finder is helpful: https://www.anerkennung-in-deutschland.de/tools/berater/de/.
5. Accelerated skilled worker procedure at the employer’s request
As an employer, you can apply to the relevant immigration authority for an expedited procedure. This will apply to all authorities involved. The cost for this is €411.
6. Option of recruiting trainees from non-EU countries
The legal changes give you the opportunity to search for trainees directly abroad and sign them up. The requirements are significantly lower than for entry into the country to search for a training place:
a. There is no specific age limit; the ZSBA only refers to “young people”.
b. Trainees in the medical field need German language skills at level B2. For most professions, however, level B1 is sufficient. If you offer a preparatory German course, even level A2 is sufficient. The foreign mission expects proof of the language course and carries out a plausibility check of the language skills.
c. For regulated professions, such as educators, the trainee needs a school leaving certificate.
d. You must offer at least two years of qualified training.
e. The trainee must prove that they can cover their living expenses. There are several ways to do this. Either they can prove that they receive a training allowance of €930 gross per month, or they have assets of a similar value.
7. Prospect of a permanent residence permit in the near future
Skilled workers who completed their vocational training in Germany receive a permanent residence permit after just two years in qualified employment. People with foreign professional qualifications receive a permanent residence permit after four years.
8. Possibility of residence for qualification measures
It may happen that the qualification of your recruited skilled worker has deficits compared to German training and is only partially recognised. In order to compensate for these deficits or a lack of language skills, the skilled worker can obtain a residence permit for up to two years. An example: Vietnamese nursing training has some gaps compared to German training. Therefore, Vietnamese skilled workers initially work in Germany as a nursing assistant. At the same time, they complete a qualification measure that closes these gaps.
The remaining risks
1. German language skills as the first hurdle
According to the Goethe Institute, German language skills at level B1 can be achieved by attending 350 to 650 lessons. The exact number depends on the type of teaching and language affinity (and there are certain failure rates!). Prospective immigrants therefore have to invest a considerable amount of time and effort before they qualify to enter the country. However, this requirement is mitigated by lowering the level to A2 with appropriate integration support from the employer and/or German courses. Level A2 enables people to communicate appropriately in familiar everyday situations, read and understand simple texts, and requires approximately 200 to 350 lessons. This hurdle is therefore surmountable.
However, employers should prioritise language acquisition at the outset and grant their foreign skilled workers time off for this purpose. Otherwise, the new employees will not be able to realise their potential due to a lack of expressive ability.
2. Long processing times at foreign missions
Appointments at German embassies to apply for a visa sometimes require months of advance notice. Many companies and prospective immigrants have become frustrated by this. The accelerated skilled worker procedure mentioned above promises to help in this regard. For booking appointments and for issuing visas, a three-week deadline “usually” applies.
3. Inflexible procedure for the recognition of vocational training
The recognition procedure has the sensible aim of maintaining German training quality standards. However, the German education system is difficult to compare with the systems of other countries. Historical immigration countries such as Canada make it easier for foreigners wishing to immigrate by assessing qualifications according to a points system.
In Germany, this equivalence assessment of professional qualifications is carried out in a decentralised manner. Chambers of crafts, state authorities, professional chambers, etc. are in charge. This results in longer waiting times.
It is questionable whether an initial consultation with the new ZSBA can change anything. After all, the recognition of foreign school qualifications also requires patience. At the regional council of a federal state not mentioned here, it currently takes two years. The processing time is to be reduced to three months in the accelerated skilled worker procedure.
4. Legal recourse
So far, legal recourse is only open to skilled workers who wish to immigrate. In the event of rejection, they will probably prefer to look for another destination country. However, the potential German employer may already have made advance investments, e.g. in German language courses. These costs will then remain with the employer.
My conclusion
Simpler rules – but still no quick fix
The new Skilled Immigration Act has simplified some of the procedural steps. Nevertheless, the issue remains complex and rapid recruitment successes should not be expected. However, the effort is worthwhile for employers who regularly need to fill many similar positions and have difficulty doing so in Germany. It is not without reason that nursing professions are at the top of the statistics for professional recognition applications, accounting for more than half of all applications per year. For this occupational group, which was on the Federal Employment Agency’s list of shortage occupations, it was already possible to work in Germany.
The new Skilled Immigration Act has simplified some procedures. However, the process is still complex. Quick recruitment successes should not be expected. The effort is worthwhile for employers who often need to fill similar roles and find this difficult in Germany.
Nursing professions lead the statistics for recognition applications. They account for more than half of all applications each year. This group has long been on the Federal Employment Agency’s shortage list. That is why working in Germany was already possible for them.
If you look at other typical shortage occupations, there are a particularly large number of skilled trades. This opens up new opportunities, especially in attracting trainees. For trainees, a German language level of A2 is sufficient for entry, provided that a language course with the target level of B1 is offered in Germany. There are no language requirements for already trained skilled workers in non- regulated occupations. The assessment is made by the employer and only has to pass the plausibility check by the foreign mission. The initial investment in language courses in the country of origin is therefore limited.
Demographics leave no choice
In view of the demographic development in Germany, there is no choice but to fish in foreign waters. Countries such as the USA, Canada and Australia have been doing this for a long time. They have an immigration culture that has yet to take shape in Germany. The Skilled Immigration Act contains a clear commitment to liberalising immigration. Over the course of this decade, the regulations will probably be further simplified in order to fill the gap left by the 6.5 million baby boomers who are retiring. I wish companies and HR departments the courage to try things out and gather their own experiences – and the stamina to see it through!
Inken Schneider – TALENT PUZZLE
HR consultant for small and medium-sized enterprises
kontakt@talent-puzzle.com
+49 151 67337785
PHOTO: WWW.CANVA.COM
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