In fact, such strict protection of the labor market does not improve the situation of local workers; it's a fool's errand. On the contrary, strict protectionist principles lead to stagnation and standstill. Work and prosperity are generated by work, not by border protection. Controlled labor migration is considered beneficial for the country. It expands ties with the migrant's home country, creates a new class of consumers, provides labor, and introduces new approaches to problem-solving and work organization. The numerous restrictions on work for the multi-million group of migrants from the former USSR are particularly incomprehensible. German rules have practically deprived many people from the former Soviet Union of their previous work history and profession, in which they worked in their country of origin.
Regulated procedures for assessing and recognizing foreign education with the possibility of additional qualification in Germany existed for doctors, engineers, and some other specialists, but not for the mass of workers, hairdressers, salespeople, kindergarten teachers, professional drivers, construction workers, and many other skilled trades. For example, an auto mechanic from Kazakhstan had to start from scratch, initially not even having the right to change a car's oil or tires. The inability of employers to assess the actual labor potential of a candidate with a foreign work history led to many failed employment relationships. This unbearable situation contributed to disappointment, despondency, and the settling of migrants into social systems where nothing is asked or required.
The backdrop for significant changes in the labor market was the shortage of skilled labor in industrialized Germany. Demographic statistics show a further decline in human potential in Germany, which seriously threatens the country's global economic competitiveness. This topic was presented with all seriousness at a meeting of industrial circles with the Federal Chancellor of Germany, Dr. Angela Merkel, in early June 2012 in Merseburg. The Federal Chancellor takes the needs of industry seriously but pointed out the prevailing political interest of the government first to realize the potential of migrants living in Germany and only secondarily to attract labor from outside the EU (European Union) area.
The new Law on the Recognition of Professional Foreign Diplomas (effective 01.04.12) aims to realize the potential of migrants living in Germany with professional foreign education. The government now intends to actively activate this truly large and hitherto underutilized reservoir of labor in an aging Germany. A resident of Germany can apply to a competent commission for the review and assessment of their education obtained abroad.
In the medium term, German industry cannot do without young, energetic, well-educated foreigners. The CIS countries, which border the EU and are culturally close, are a real supplier of such labor to the German labor market. The law also allows foreign residents to officially compare their professional education with the reference German vocational training. With this assessment, the foreign resident can present clear papers to potential German employers about their skills, education, and previous work experience. Employers can be confident that a qualified state commission has verified the content and authenticity of the submitted foreign documents.
The commission for the assessment of foreign education and work experience will process a package of documents from a foreign resident if it sees the seriousness of their intention to work in Germany. Evidence of serious intentions may include a job offer from a German employer, sending personal resumes to potential German employers, a certificate of German language proficiency, or other suitable evidence. Personal characteristics of the applicant are also important; clearly, the application of a 63-year-old engineer from Siberia is considered differently than that of a 28-year-old programmer from Moscow. Documents sent 'at random' will not be considered. A fee must be paid for processing the documents.
Importantly, the evaluation commission points out weaknesses and gaps in education from the perspective of German rules, giving specific recommendations for their elimination. The partner for initial contacts is the Federal Office for Migration and Refugees (BAMF). Familiarization with its electronic pages (partially in Russian) will help orient interested individuals planning to work in Germany. BAMF acts as a 'central distributor,' assisting in further search. The commissions themselves are mostly state institutions with different structures, requirements, and subordinations. Each commission and each authority may have its own rules, list of required documents, and other requirements for papers and evidence, so no general recommendations can be given for preparing the document package.
In general, foreign job seekers in Germany are advised to learn German in parallel, though this is not an absolute prerequisite for obtaining a job in Germany, to seek a specific job in Germany, and to apply for a German assessment of foreign education and work experience. After some effort, well-educated and energetic applicants can start working in Germany. Further facilitation and opening of the labor market will be brought by the expected imminent introduction of the Blue Card rules for foreign specialists.
I would like to note that the opening of the German labor market for labor migrants is not intended to solve hopeless cases of resettlement in the area of family reunification of Russian Germans and Jewish emigrants. Unserious applications have no prospects of success and only lead to unnecessary costs.
Thomas Pue,
German attorney.