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The new "Fachkräfte-Einwanderungsgesetz"

beppi

A new law called "Fachkräfte-Einwanderungsgesetz" (skilled personnel immigration law) will take effect from 1.Mar.2020.
It includes the following changes (source ):
- Existing alleviated immigration rules for university graduates will be extended to people with (recognised) vocational training.
- The possibility to come for job search visits (e,g, on JSV) is also extended to people with (recognised) vocational training (provided they have German language skills and financial means to finance their stay).
- Abolition of preferential hiring requirements for EU citizens on skilled jobs (i.e. those requiring degree or vocational training).
- Extension of currently relaxed rules for occupations with manpower shortage to all skilled occupations.
- Plus a few procedural simplifications.

More information (in German only) is available on

As usual, time will have to tell what this means in practice and how it is implemented.
Please note that the new rules do not apply to unskilled jobs or applicants - they are not eligible to move to Germany under this law.

See also

Living in Germany: the expat guideNon-EU citizen moving from another Schengen country to GermanyAdvice from people who applied for German freelancer visaPerson on non-German EU dependent visa applying for German visit visaNew Member by Expat!!! Getting to know this network!!
TominStuttgart

Thanks, this is super important. It should definitely get pinned to the top of the forum!

Leonie00

There is more information here in English.

alirezamanabi

Dear All ,

I am a student of a Master degree in Germany and recently read the information about the new skilled worker rules in Germany from March 2020. I read that student in Germany can change their student visa to work visa if they could have a full time job contract from a German employer. anyone knows details about this ? like is there a required salary or what exact documents auslanderbehorder needs to proceed with your case .

thanks in advance
ali

beppi

Alirezamanabi: You can read the details of the new regulations on the links given above.

TominStuttgart

alirezamanabi wrote:

Dear All ,

I am a student of a Master degree in Germany and recently read the information about the new skilled worker rules in Germany from March 2020. I read that student in Germany can change their student visa to work visa if they could have a full time job contract from a German employer. anyone knows details about this ? like is there a required salary or what exact documents auslanderbehorder needs to proceed with your case .

thanks in advance
ali


I don't know where you read such a thing but it is wrong. The conditions for a student visa are clear; you should know if you have one. If one graduates from a German University then they can stay up to 18 months to look for work without returning home and getting a work visa or getting a job seeker visa. But again, this is only for people who complete a degree.  One CANNOT just find work and get a work visit while on a student visa. The mere suggestion shows an intent to violate the terms of being a student. And the new laws regulate the requirements for granting work visas to non-EU citizens so they can come to Germany. It is not changing the conditions of student visas or what people here on a conditional visa can do.

alirezamanabi

good day ,

If you read the new skilled worker immigration rules you see that students can now apply for work visa if they find a job inside Germany.  I copy and paste here :

Students Can Now Change Residence Status More Easily
Students in Germany wishing to switch their residence status, have the chance to do so easier than before.

These students can begin a vocational training and get a residence permit to attend a vocational training course, instead of continuing studies.

Or they can get a job as a qualified professional whilst still studying or receiving vocational training (under certain preconditions).

As per foreigners who have successfully completed a vocational training course in Germany, they can apply to receive a permanent settlement permit upon a period of two years in the country, the same period as applies to graduates.



link :




TominStuttgart wrote:
alirezamanabi wrote:

Dear All ,

I am a student of a Master degree in Germany and recently read the information about the new skilled worker rules in Germany from March 2020. I read that student in Germany can change their student visa to work visa if they could have a full time job contract from a German employer. anyone knows details about this ? like is there a required salary or what exact documents auslanderbehorder needs to proceed with your case .

thanks in advance
ali


I don't know where you read such a thing but it is wrong. The conditions for a student visa are clear; you should know if you have one. If one graduates from a German University then they can stay up to 18 months to look for work without returning home and getting a work visa or getting a job seeker visa. But again, this is only for people who complete a degree.  One CANNOT just find work and get a work visit while on a student visa. The mere suggestion shows an intent to violate the terms of being a student. And the new laws regulate the requirements for granting work visas to non-EU citizens so they can come to Germany. It is not changing the conditions of student visas or what people here on a conditional visa can do.

TominStuttgart

Changing from studies to vocational training is not a problem; not the same as getting a job. You have supposedly quoted a link that is still under review so I cannot look at this source. On the German version of the law, I see no indication of students being able to switch a visa. Your claims seem to hinge on the statement ”. Or they can get a job as a qualified professional whilst still studying or receiving vocational training (under certain preconditions).” If this is a correct translation then one has to ask what these conditions are? It is clearly not meant as an alternative to getting a degree. But there are lots of dual study/work programs where one alternates between doing a job in a profession getting practical experience with study. They thus see this limited working situation as a kind of education. It doesn’t not mean one can quit a program and just work full time. I can imagine when it is certain that one will complete a degree that getting practical experience is sensible and supported. As a way around completing a degree, not. Until I see the source of this English text I cannot comment further on it.

alirezamanabi

yes that link is not offcial website of germany . that is why i asked if there is anyone here who knows more details about these rules or an official source which we can see the details in. exactly I look for those conditions!

TominStuttgart

One should keep in mind that Germany’s endless laws always have some logic to them. Sometimes it sounds rather twisted but there is a logic. And the relaxing of the rules in the new law has one purpose, to streamline and simplify the possibility for companies to bring in the skilled workers they need. It is not to make things easy for the immigrants.

And to allow people to come on a study visa and then just switch to a work visa would totally undermine the idea of getting skilled workers because if one doesn’t have a degree yet then aren’t considered skilled workers. Plus this would be an open invitation for people to try to get a study visa when they really just want to work. There are already people who try this and it is certainly unwanted and usually leads to one getting deported and banned for violating the immigration rules.

Like the article posted mentioned, there might be exceptions. Say one has a bachelor and some years of professional experience and comes for a master degree. Even if they didn’t finish their master degree, they could already be seen as desired skilled worker, maybe even one who would be given a blue card. It makes sense they would be given an exemption; someone with no degree – not.

elpatron29

What is meant with "Abolition of preferential hiring requirements for EU citizens on skilled jobs (i.e. those requiring degree or vocational training)."

Never heard of that?!..

beppi

It means that, unlike previously, they can now hire non-EU-citizens even if suitabe EU candidates exist.

elpatron29

Alright, thanks

Trabantlover
What does this new Einwanderungsgesetz mean for non-EU high-skilled workers who were hired prior to the law change? I was hired in January 2020, the law changed in March 2020 and I'm trying to figure out if I can apply in early 2024 (after 4 years of working and paying taxes) for my Niederlassungserlaubnis (permanent residency) as was the case under the previous law.