The first labor migration of low-skilled workers in the post-war period was completed in the early 1970s. Now, 40 years later, Germany is again opening its labor market, this time for qualified foreign specialists.
There are several reasons for the shortage of specialists. First, the migration of young Germans abroad – local Germans are also seeking greener pastures outside Germany, and the main target countries for German migration are North America, Scandinavia, Australia. Second, declining birth rates in Germany, positive economic development, and the associated increased demand for skilled labor. The reserve of German unemployed has already been exhausted; current recipients of unemployment benefits, due to personal handicaps, cannot fill vacancies and are unsuitable for further training and retraining.
German industry presented the problem to the government with all seriousness, resulting in the law approved by the Bundestag. It also improves opportunities for German students studying here to work in Germany.
A new type of residence permit is being created, unique to Germany – the 'EU Blue Card'. A foreign specialist with a completed higher education and a guaranteed job with a gross salary of at least 44,000 euros per year can apply for it. This abolishes the previous residual principle, whereby a foreign resident could only take a job in Germany in the absence of German or European applicants. The abolition of the residual principle significantly simplifies and facilitates the process of obtaining a work visa for Germany for qualified foreigners.
The law retains the verification of working conditions and their compliance with occupational safety rules. The authorities do not want a reduction in the level of industrial safety and a dumping of labor protection. A potential employer must offer the foreign worker a German standard of working conditions.
Competent authorities compile a list of shortage occupations. To obtain the Blue Card, a foreign worker in a listed profession only needs to achieve an annual gross income of 34,944 euros. Shortage occupations include, for example, specialists in computer technology, doctors, engineers. The competent authority checks working conditions for shortage occupations as well.
Initially, the foreigner's authority issues a limited residence permit to the labor migrant. After three years of work in the country, a specialist with a Blue Card can apply for a permanent residence permit if he continues his employment. A language certificate at level B1 allows him to apply for a permanent residence permit after just two years.
Foreign graduates of German higher education institutions get the opportunity to look for a job in their specialty for 18 months after graduation. Previously, they were given 12 months to find work. Graduates of technical schools in skilled trades get 12 months to find a job in their specialty. During the job search period, both groups of foreign graduates have the right to work, including outside their specialty.
For many foreigners with higher education, an interesting innovation will be the opportunity to obtain a six-month visa to search for work in the country, provided they have sufficient financial means for that period. Six months is enough time to determine one's demand on the German labor market. The possibility for students to work is also expanded from the current 90 full days or 180 half days to 120 full days or 240 half days.
Thomas Pue,
German lawyer.