- 2018Legislative process
- 2019Approved/Agreed
- 2020Implementation
- 2021Implementation
- 2022Implementation
Background
Against the background of demographic changes and current and future skilled labour shortages in some sectors, Germany needs to attract skilled professionals both from EU and non-EU countries.
Objectives
As part of the ‘skilled workers strategy’ of the Federal government, the aim of the law is to facilitate the immigration of skilled professionals, to ease their access to the labour market and to offer good prospects to specialised staff from non-EU countries.
Description
Drafted in December 2018, the Skilled Labour Immigration Act features the following:
- access for specialised staff from non-EU countries, along with recognised vocational training for all occupations, without restriction for bottleneck occupations;
- measures for the recognition of foreign professional qualifications become more attractive and practical, including quicker, closer counselling;
- immigration for job search also for skilled workers with recognised vocational training and the possibility of trial work for up to 10 hours per week;
- with qualified employment, a permanent residence is possible for skilled workers with a German qualification after 2 years or with a foreign qualification after 4 years.
The law was passed on 15 August 2019 and came into force on 1 March 2020.
The granting of a residence permit and recognition of a professional qualification will continue to be checked in separate procedures. However, the relationship between immigration and recognition has been revised at various levels.
To accelerate and permit the recognition process to last only 2 months, new actors were established. For initial orientation guidance, applicants can contact the hotline, Working and living in Germany. The hotline redirects those interested in recognition to the recently established Central Service Agency for Professional Recognition (ZSBA), which makes the entire recognition procedure more transparent and efficient for applicants through counselling. The ZSBA is based at the Federal Employment Agency (BA) Centre for International Migration and Development (ZAV) in Bonn. It is funded for the initial phase of 4 years by the Federal Ministry of Education and Research (BMBF).
For entry, skilled workers from third countries seeking qualified employment in Germany need to have their professional qualification or - in the academic non-regulated sector - a university degree, recognised as comparable. There is one exception: IT specialists with highly developed practical professional knowledge can come to Germany without recognition and practise their occupation. In the case that full equivalence cannot be confirmed, it is possible to complete the missing competences for full recognition through supplementary courses.
The Skilled Immigration Act came into force on 1 March 2020. The law expands labour market access for qualified professionals from third countries. Most of the changes are for skilled workers with qualified vocational training. Another new feature is the possibility to enter Germany for up to 6 months to look for a training place. The Federal Institute for Vocational Education and Training (BIBB) is reponsible for the monitoring of the data on recognition.
From 1 March 2020 to 31 December 2020, in spite of the pandemic, German diplomatic missions abroad issued almost 30 000 visas to qualified specialists and trainees from third countries. Several German Federal States have set up central authorities for non-nationals, specialising in the immigration of skilled workers. A central service point for professional recognition for interested professionals abroad has been set up at the Federal Employment Agency. The important new instrument of the fast-track procedure for skilled workers is being used increasingly.
In June 2020, the information portal of the German Federal Government for the recognition of foreign professional qualifications was relaunched and is available in 11 languages. The content of the website is now aligned more specifically to the requirements of each of the three main user groups. For international skilled workers, counsellors, and employers there is a dedicated access point. The BIBB runs the portal on behalf of the BMBF.
In the first half of 2021, 25 980 visas were issued. In August 2021, the Federal Ministry of the Interior and Community (BMI) published recommendations that should serve e.g. the immigration authorities to adequately apply the regulation.
In 2022 the German government published the 'Key Points on Skilled Labour Immigration from Third Countries'. It intends to further develop the Skilled Labour Immigration Act. This key issues paper is to become the basis for a more comprehensive draft law on labour immigration in Germany. This law is to be part of a broader strategy to secure skilled labour.
In 2022, 97 292 work visas were issued, 499 200 people have applied for the recognition of their foreign professional qualifications.
Bodies responsible
- Federal Ministry of the Interior, Building and Community (BMI) (until December 2021)
- Federal Ministry of Education and Research (BMBF)
- Federal Ministry of Labour and Social Affairs (BMAS)
- Federal Institute for Vocational Education and Training (BIBB)
- Federal Employment Agency (BA)
- Federal Ministry of the Interior and Community (BMI)
Target groups
Learners
- Young people (15-29 years old)
Thematic categories
Governance of VET and lifelong learning
This thematic category looks at existing legal frameworks providing for strategic, operational – including quality assurance – and financing arrangements for VET and lifelong learning (LLL). It examines how VET and LLL-related policies are placed in broad national socioeconomic contexts and coordinate with other strategies and policies, such as economic, social and employment, growth and innovation, recovery and resilience.
This thematic category covers partnerships and collaboration networks of VET stakeholders – especially the social partners – to shape and implement VET in a country, including looking at how their roles and responsibilities for VET at national, regional and local levels are shared and distributed, ensuring an appropriate degree of autonomy for VET providers to adapt their offer.
The thematic category also includes efforts to create national, regional and sectoral skills intelligence systems (skills anticipation and graduate tracking) and using skills intelligence for making decisions about VET and LLL on quality, inclusiveness and flexibility.
This thematic sub-category refers to the integration of VET into economic, industrial, innovation, social and employment strategies, including those linked to recovery, green and digital transitions, and where VET is seen as a driver for innovation and growth. It includes national, regional, sectoral strategic documents or initiatives that make VET an integral part of broader policies, or applying a mix of policies to address an issue VET is part of, e.g. in addressing youth unemployment measures through VET, social and active labour market policies that are implemented in combination. National skill strategies aiming at quality and inclusive lifelong learning also fall into this sub-category.
Transparency and portability of VET skills and qualifications
European principles and tools, such as EQF, ESCO, ECTS, Europass and ECVET, provide a strong basis for transparency and portability of national and sectoral qualifications across Europe, including the issuing of digital diplomas and certificates.
This thematic category looks at how individuals are supported in transferring, accumulating, and validating skills and competences acquired in formal, non-formal and informal settings – including learning on the job – and in having their learning recognised towards a qualification at any point of their lives. This is only possible if qualifications are transparent and comparable and are part of comprehensive national qualifications frameworks. Availability of qualifications smaller than full and acquirable in shorter periods of time is necessary; some countries have recently worked on developing partial qualifications, microcredentials, etc.
This thematic sub-category refers to the development and implementation of qualifications that are smaller than full qualifications (alternative credentials) or are acquired in a shorter learning experience. It includes microcredentials, partial qualifications, units of learning outcomes (ECVET principle), digital badges, etc. These are owned by learners and can be combined or not to get a full qualification.
Supporting lifelong learning culture and increasing participation
Lifelong learning refers to all learning (formal, non-formal or informal) taking place at all stages in life and resulting in an improvement or update in knowledge, skills, competences and attitudes or in participation in society from a personal, civic, cultural, social or employment-related perspective (Erasmus+, Glossary of terms, https://erasmus-plus.ec.europa.eu/programme-guide/part-d/glossary-common-terms). A systemic approach to CVET is crucial to ensure adaptability to evolving demands.
This broad thematic category looks at ways of creating opportunities and ensuring access to re-skilling and upskilling pathways, allowing individuals to progress smoothly in their learning throughout their lives with better permeability between general and vocational education and training, and better integration and compatibility between initial and continuing VET and with higher education. Individuals should be supported in acquiring and updating their skills and competences and navigating easily through education and training systems. Strategies and campaigns that promote VET and LLL as an attractive and high-quality pathway, providing quality lifelong guidance and tailored support to design learning and career paths, and various incentives (financial and non-financial) to attract and support participation in VET and LLL fall into this thematic category as well.
This thematic category also includes many initiatives on making VET inclusive and ensuring equal education and training opportunities for various groups of learners, regardless of their personal and economic background and place of residence – especially those at risk of disadvantage or exclusion, such as persons with disabilities, the low-skilled and low-qualified, minorities, migrants, refugees and others.
This thematic sub-category refers to making VET pathways and programmes inclusive and accessible for all. It concerns measures and targeted actions to increase access and participation in VET and lifelong learning for learners from all vulnerable groups, and to support their school/training-to-work transitions. It includes measures to prevent early leaving from education and training. The thematic sub-category covers measures promoting gender balance in traditionally ‘male’ and ‘female’ professions and addressing gender-related and other stereotypes. The vulnerable groups are, but not limited to: persons with disabilities; the low-qualified/-skilled; minorities; persons of migrant background, including refugees; people with fewer opportunities due to their geographical location and/or their socioeconomically disadvantaged circumstances.
European and international dimensions of VET
This thematic category covers both European and international cooperation in initial and continuing VET, aimed at promoting EU VET systems as a European education and training area and making it a reference for learners in neighbouring countries and across the globe.
Expanding opportunities and increasing participation of VET learners, young and adult, and staff in international mobility for learning and work, including apprenticeship and virtual and blended mobility, account for most initiatives in this thematic category.
Apart from established and financially supported EU cooperation, VET opens up to cooperation and promotion of European values and national practices beyond the EU, which is becoming a trend. This thematic category also encompasses internationalisation strategies, transnational cooperation projects and initiatives – including those where joint VET programmes, examinations and qualifications are developed – and participation in international skills competitions that promote the image of VET. Using international qualifications – awarded by legally established international bodies or by a national body acting on behalf of an international body – in the national VET systems and recognising them towards national qualifications is also in focus.
This thematic sub-category applies to using in a country, qualifications awarded by a legally established international body (association, organisation, sector or company) or by a national body acting on behalf of an international body. International qualifications are used in more than one country and include learning outcomes assessed with reference to standards established by an international body (Council Recommendation on the European qualifications framework for lifelong learning, 2017). Some examples include the Microsoft or Cisco certificates in the ICT sector, the European e-competence framework for ICT professionals, and International Welders Federation qualifications (Cedefop, 2018).