The legal background of the draft law is the European Community directive on highly qualified foreign specialists. Approved in May 2009, it contains rules for issuing residence permits and work permits to residents of non-European countries entering to fill vacant highly qualified jobs. The German draft law contains the following main provisions:
– a new type of residence permit, the Blue Card EU (Blauekarte EU), is created;
– persons with completed higher education are eligible for the program.
The salary for the offered job must be at least 44,000 euros per year or 3,600 euros per month. I would add that a starting salary of 3,600 gross for a qualified specialist is a quite realistic figure.
The principle of checking working conditions and claims of German unemployed persons for the sought job is abolished. Currently, the labor agency checks possible applications from German unemployed for the job offered to a foreigner. The authority issues the necessary permit to the foreigner in the absence of actual German applicants. The labor agency inspector checks the compliance of working conditions at the claimed job with all occupational safety regulations. The draft law plans a partial abolition of these lengthy and costly checks.
The starting salary for shortage specialists is set at 33,000 euros per year or 2,750 euros per month. Shortage specialists are considered to be engineers, doctors, and specialists in computer technology. For the group of specialists with a salary of 33,000 euros per year, the working conditions check is retained. The German authorities want to avoid wage dumping and deliberate deterioration of working conditions for foreigners.
After two years of work, the foreign specialist receives an extended residence permit. Family members of the highly qualified employee immediately receive the right to work. The doctor's wife will not be forced to stay at home and work as a housewife, but can go to work according to her abilities.
The salary threshold for particularly qualified specialists is lowered to 48,000 euros per year. This group of especially valuable foreign specialists immediately receives a permanent residence permit in Germany and can reliably plan their life and career in Germany.
Employment restrictions for foreign graduates of German higher education institutions are lifted in the first year after graduation. Currently, after graduation, they are given one year to find a job in Germany. For now, employment during the one-year job orientation period is restricted by rules for foreign students. The draft law plans to abolish these restrictions and allow full employment immediately after graduation.
Special rules are planned for scientists and researchers to attract these valuable workers to the country.
The legislator has firmly decided to significantly ease the influx of foreign skilled labor. Therefore, during 2012, I believe we will be able to familiarize ourselves with the text of the law that has come into force. Some information about the draft law has already reached interested parties, as I judge from inquiries coming into my office such as: 'How to move to Germany under the Blue Card? Are only Germans from the CIS countries eligible for the Blue Card program, or everyone else too?'
I would like to point out that the Blue Card is not a way to solve hopeless resettlement cases or another 'back door' for family reunification. The Blue Card is not aimed at the CIS countries, although, of course, due to the close economic and human ties between Germany and the CIS countries, the post-Soviet space is likely to become the main reservoir of labor for Germany and Western Europe. German officials responsible for processing applications under the Blue Card program will carefully check the necessity of hiring the applicant and his employment prerequisites. If his employment is recognized as beneficial for the German economy, the applicant can count on obtaining the necessary work and visa permits.
I believe that in the first years, the residence permit in Germany will be tied to work at a specific company; later, the residence permit can become stronger and gain a certain independence. This law (with the caveat of the implementation of the draft law) will help many interested foreigners, especially graduates of German educational institutions, to live and work in Germany. To achieve their goal, they will no longer have to enter into dubious visa marriages or seek other indirect paths.
Thomas Puée,
German lawyer.