Germany residence permits are usually issued for one year and can be extended to up to three years.

Germany has introduced new employment and recognition rules for the benefit of employment of skilled workers in the country. Germany essentially, is reshaping the job sector by implementing the new provisions of The Skilled Immigration Act.

With the new law, existing mechanisms for skilled workers with a university degree, such as the EU Blue Card, will continue and in some cases be extended. In addition, a new opportunity card (Chancenkarte) will enable third-country nationals to seek employment.

The previous 18-month residence permit for the purpose of completing adaptation measures will now be granted for 24 months when issued for the first time. It will be possible to extend the permit for a further 12 months, up to a maximum residence period of three years. This amendment will give employers greater flexibility.

The possibility of secondary employment during the qualification measure will be increased from 10 to 20 hours per week. This will make it easier for prospective skilled workers to find their way into the labour market.

The purpose of undergoing qualification measures in Germany is for applicants to receive full recognition of their foreign qualifications. The new Skilled Immigration Act introduces two new access routes for this purpose:

Entry and employment under a recognition partnership

Residence permits are usually issued for one year and can be extended to up to three years.

The recognition partnership will make it possible for applicants to obtain a residence title for qualified employment and to complete the necessary recognition procedure after entering the country. The granting of a visa will be linked to the obligation of the prospective skilled worker and the employer to apply for recognition after entry and to actively pursue the procedure.

The basic requirements for a recognition partnership will be, in addition to an employment contract, the existence of a professional qualification requiring at least two years of training or a university degree – both of which must be recognised by the country of training – and German language skills at level A2.

Entry for the purpose of undergoing a skills analysis

Individuals seeking recognition who, in the opinion of the competent authority, should undergo a skills analysis in Germany to determine the equivalence of their foreign qualifications, may be granted a residence permit for up to six months for this purpose. One of the requirements is that they can prove their German language skills. As a rule, German language skills at level A2 or better (CEFR) are required.

Employment of skilled workers

The employment of people with highly developed practical professional knowledge is to be expanded. The new provision will now apply to all non-regulated professions in all sectors.

For people with practical professional knowledge, the requirement is that they have a professional qualification or a university degree recognised by the country of training. In the case of a professional qualification, a training period of at least two years is required.

In addition, applicants must have a minimum of two years’ work experience in the occupation they wish to enter. Formal recognition of the qualification in Germany is not required.

The job offer in Germany must assure an annual gross salary of at least €40,770 (as of 2024).

For IT specialists, access to the labour market will be further facilitated by reducing the required professional experience to two years (from three). A professional qualification or university degree is still not required.

Language skills are no longer required for visa purposes. In this case, the minimum gross salary of at least €40,770 (as of 2024) per year or remuneration according to the collective agreement applies as well.

The planned changes will add a provision for assistants in nursing from third countries to the rules for access to the labour market for healthcare professionals. All third-country nationals with less than three years of regulated nursing training will be able to work in the health and care sector.

Settlement permit for skilled workers from abroad

Foreign professionals who hold a residence permit and who have neither completed domestic vocational training nor a degree in Germany will receive a settlement permit in Germany after only three years (previously four years).

In addition, EU Blue Card holders will be able to obtain a settlement permit even more quickly: it will be possible to obtain a settlement permit after 27 months of employment with an EU Blue Card; if the applicant has sufficient knowledge of German (level B1 CEFR), this period will be reduced to 21 months.

For those who have completed university or vocational training in Germany, the current special provision on the settlement permit remains in place. After only two years of holding a residence permit for being employed as a ‘qualified professional’, they can be granted a settlement permit.

The settlement permit has permanent validity and entitles holders to exercise gainful employment. People applying for a settlement permit have to satisfy specific requirements which are laid down in the Residence Act.

Family reunification for skilled workers

Spouses or minor children moving to Germany to join certain skilled workers will no longer be required to provide proof of sufficient living space. In addition, these skilled workers will also be able to bring their parents and – if the spouse is also a permanent resident of Germany – their parents-in-law to join them if they receive their residence permit for the first time on or after 1 March 2024.

Residence permit for holders of start-up grants

Skilled workers as defined in the Residence Act may in future be granted a residence permit for up to 18 months for the purpose of setting up a business if they receive a grant from a German research organisation or public body for this purpose.