Against the backdrop of the shortage of skilled workers , Germany has created a legal framework in recent years that serves to control and strengthen the immigration of skilled workers. Most recently, the Act on the Further Development of the Skilled Immigration Act was passed in 2023, which has now come into full force in three stages.
New opportunities have been created for foreign skilled workers to come to Germany, and entry for training purposes has also been made easier. The law also provides for the possibility of residence in order to have a recognition procedure carried out in Germany .
A skilled worker is a person who has completed vocational training or a university degree and is qualified to work in their specialist field.
In contrast, the term worker generally refers to any person who works or can work, regardless of their qualifications or training.
For skilled immigration, it is crucial to have a recognized professional qualification in order to benefit from the facilitated conditions. Workers without formal training also have opportunities, but must meet additional criteria and expect stricter requirements.
The Skilled Immigration Act has brought about numerous changes. The most important of these are as follows:
- Anyone with a recognized professional or university degree can now pursue any qualified occupation as long as it is not regulated. So while under the old legal situation a cutting machine operator was only allowed to work in his specialist area, he can now also pursue qualified employment outside his specialist area.
- In the case of skilled workers with vocational training, the restriction to bottleneck occupations has been removed.
- The priority check by the Federal Employment Agency, i.e. the check as to whether the specific position can be filled by a person registered as a jobseeker in Germany, is waived in the vast majority of cases.
- It is possible to obtain a job search opportunity card. A prerequisite for this is that the foreign person achieves a minimum number of points in a points system.
- It has been made possible to start the procedure for professional recognition only after entering Germany and, if necessary, to be employed as a skilled worker at the same time.
- Persons who still need to complete further qualification or adaptation measures for full recognition of their qualification may also enter the country. These measures may take place in Germany and should be completed within a maximum of two years.
- The so-called accelerated skilled worker procedure was introduced to speed up the visa application process for skilled workers abroad.
With the Skilled Immigration Act, a uniform definition of a skilled worker was standardized in the Residence Act for the first time. Skilled workers with vocational training and skilled workers with an academic education are now treated equally under residence law.
The Residence Act defines a skilled worker as a foreign person who
has German qualified (at least 2 years) vocational training or foreign vocational training that has been recognized as equivalent to qualified (at least 2 years) German vocational training
or
who holds a German, a recognized foreign or a foreign university degree comparable to a German university degree .
They can then obtain a residence permit if they wish to pursue qualified employment.
In the case of employment in a non-regulated area, professional recognition of the foreign qualification is not mandatory for practicing the profession. However, it is a prerequisite for a foreigner from a third country to obtain a residence permit as a skilled worker.
In contrast to skilled workers, the term "worker" generally refers to any person who works or can work, regardless of their qualifications or training.
Qualified employment is when the job requires skills, knowledge and abilities that are acquired during vocational or university training. The duration of training is at least 2 years.
The Federal Employment Agency checks whether this is qualified employment. For this purpose, the employer must submit a declaration of employment. This can be downloaded here. There is no minimum level of income for qualified employment. However, the salary must correspond to the usual local level for a comparable job.
Persons without qualifications
A foreign person can enter Germany if they want to become a skilled worker . They can complete both school-based and company-based vocational training.
Third-country nationals can obtain a special residence permit for training purposes. The following requirements must be met:
Concrete training place: proof can be provided via a training contract.
Sufficient knowledge of German: The required language level depends on the training. As a rule, level B1 is required. Proof may be waived if the educational institution has already tested the language skills or a preparatory German course has been completed.
Securing a livelihood: Living expenses must be secured for the entire stay (2025: at least 959 € per month). Proof can be provided in the form of a blocked account or a declaration of commitment. In the case of training with remuneration, this can suffice as proof if it is high enough.
If you wish to complete vocational training with a company qualification, you can also attend a preparatory German language course in Germany with your residence permit. It must be specifically designed to prepare for the training.
The residence permit for training purposes also allows for part-time employment of up to 20 hours per week. This must be independent of the training.
If the training is successfully completed, it is possible to apply to the Aliens' Registration Office to change the residence title , e.g. to that for skilled workers, if there is a job offer for qualified employment.
Foreign nationals with professional experience may not require formal recognition of their qualifications. The following conditions must be met:
You need a vocational or university degree that is recognized by the state in the country in which it was obtained. In the case of a vocational qualification, the duration of training must be at least 2 years: Proof can be provided by a certificate assessment or a Digital Information on Professional Qualifications (DAB) from the Central Office for Foreign Education. A category A vocational training certificate from a German Chamber of Commerce Abroad (AHK) can also be used as proof (see here more).
Specific job offer: Employment can only be in a non-regulated profession. Regulated professions are excluded.
Proof must be provided that at least 2 years of qualified professional experience related to the employment has been gained in the last 5 years.
The employer must be bound by collective agreements or the gross annual salary must be a minimum amount (45% of the annual contribution assessment ceiling for general pension insurance, 2025: € 43,470).
A special provision applies to IT specialists: proof of formal qualification is not required.
In order to cover the demand for seasonal workers in agriculture , the Federal Employment Agency can issue work permits without the involvement of visa offices. The number is subject to quotas. This regulation currently only applies to people from Georgia and Moldova.
Employment may last a maximum of 90 days in a 180-day period, must be seasonal and must involve at least 30 hours per week.
The Federal Employment Agency is responsible for placing seasonal workers upon application. Further information can be found here.
Persons from third countries can be employed for a short period of time regardless of their qualifications. This regulation serves to avoid bottlenecks at peak times, e.g. in the hotel and catering industry. The option only exists if the Federal Employment Agency has set a quota. This currently amounts to a maximum of 25,000 people per year.
Citizens of the so-called positive states (here in Annex II of the Act), who are allowed to enter Germany for up to 90 days without a visa, only require a work permit from the Federal Employment Agency.
If employment is planned for more than 90 days, but for a maximum of 8 months in a 12-month period, or if the person is from a non-positive country (here in Annex I of the Act), a visa is required. The Federal Employment Agency can issue advance approval for this.
The following conditions must also be met:
Concrete job offer with working hours of at least 30 hours per week.
The employer must be bound by collective agreements. The employer must also bear the costs for the outward and return journey.
INFOBOX
Important contacts/points of contact:
SAMM – Service Centre for Work and Migration in Central Saxony
Tel.: +49 (0) 3731 799 -3697 | -4622
Email: samm@landkreis-mittelsachsen.de
Website: https://welcome-mittelsachsen.de/
Visiting address:
Am Rotvorwerk 3
09599 Freiberg (Zug district)