The shortage of skilled workers in Germany is glaring and omnipresent. On 16.08.2023, the German legislator therefore passed a much-discussed and far-reaching amendment to the Residence Act (Act on the Further Development of Skilled Immigration, Federal Law Gazette 2023 I No. 271 and Eighth Ordinance Amending the Employment Ordinance, Federal Law Gazette 2023 I No. 233). The Act primarily focuses on changes to the immigration of skilled workers and is divided into several parts, each of which will come into force at different times (i.e. will apply from this date). However, the amendment to the Citizenship Act (in particular the abolition of the ban on multiple nationality), which has also attracted a lot of public attention, is not part of the reform of the Residence Act, but will be amended in a separate law (which has not yet been passed at this time).
Roughly speaking, the reform of the Skilled Immigration Act can be divided into three parts:
1. Changes to the EU Blue Card (entry into force: 18.11.2023)
2. Introduction of a visa for skilled workers with foreign vocational training (so-called experience pillar) (entry into force: 01.03.2024)
3. Introduction of the so-called "opportunity card" (so-called potential pillar) (entry into force: 01.06.2024)
This blog post deals with the changes to the EU Blue Card.
1. Lowering of the salary threshold and "small" EU Blue Card for other occupational groups
Blue Card minimum salary in Germany 2023 (basic rule)
Until 18.11.2023, in order to apply for an EU Blue Card, the employment contract must provide for a salary of 58,400 euros if it is not a so-called shortage occupation (66% of the so-called contribution assessment ceiling in the general pension insurance for the year 2023, Section 18b (2) AufenthG old version). This minimum salary will change as a result of the reform of the Skilled Immigration Act, so that only around 43,800 euros will be required (50% of the so-called contribution assessment ceiling in the general pension insurance scheme for 2023, Sec. 18g (1) AufenthG new version).
Blue Card minimum salary in Germany 2023 (shortage occupation)
However, the specified salary is only required if the position held is not a shortage occupation. In certain sectors, there is a particularly extreme shortage of skilled workers (especially in IT professions), which is why the legislator wants to make immigration particularly easy here.
What is a shortage occupation (Blue Card 2023)?
Shortage occupations are generally understood to be sectors in which a particularly large number of jobs are unfilled. This staff shortage is particularly evident in major cities such as Berlin, Hamburg, Frankfurt am Main and Munich. Here, companies are scrambling for well-trained specialists (e.g. from India and Russia).
So far, the only shortage occupations have been IT specialists, engineers, doctors, scientists and mathematicians (so-called "MINT occupations" (mathematics, information technology, natural sciences and technology (groups 21, 221 or 25 of ISCO)). Within these occupations, however, only certain specializations are included. In this respect, it is not the field in which the work is performed that is decisive, but the definition of the occupations according to the International Standard Classification of Occupations (ISCO) of the International Labor Organization.
The new Skilled Immigration Act now includes further groups in the definition of shortage occupations by referring to further ISCO occupational groups in the new paragraph on the Blue Card (Section 18g Residence Act as amended). In particular, managers in production, mining, logistics and some service sectors are now shortage occupations (groups 132, 133, 134 of the ISCO). The same applies to veterinarians and dentists (groups 222 and 225 of ISCO), as well as certain occupations in the field of nursing (group 226 of ISCO) and teachers (group 23 of ISCO). A detailed list of all bottleneck occupations can be found at Make it in Germany.
What is the minimum salary for a shortage occupation (Blue Card 2023)?
For shortage occupations, when applying for a visa or residence permit, you only need to provide evidence of a lower salary, which from 18.11.2023 will be EUR 39,682.80 (45.3% of the so-called contribution assessment ceiling in the general pension insurance for 2023, Section 18g (1) AufenthG (new version)). According to the new Skilled Immigration Act, this salary limit now also applies to young professionals who have obtained their university degree in the last three years. This applies regardless of whether the young professional is working in a shortage occupation or not.
EU Blue Card for IT specialists without a university degree
Another new feature is that IT specialists can now apply for an EU Blue Card without having a university degree. Previously, a university degree was always a mandatory requirement for obtaining an EU Blue Card. This is of particular benefit to IT specialists from countries where university degrees are often not recognized (e.g. South Africa or the Philippines). Many applicants from these countries previously had to either apply for a visa for IT professionals or go through the certificate assessment procedure at the Central Office for Foreign Education (ZAB). These steps will now no longer be necessary.
However, a prerequisite for the Blue Card for IT professionals without a (recognized) university degree (in addition to the Blue Card salary) is that you have worked in the IT professional's profession for at least three years in the last seven years. It may be advisable to seek advice on exactly which activities count towards this period. What is required is not just any three years of work, but a job that falls within the ISCO occupational definitions of groups 133 and 25 (see above).
2. Easier change of job
Another much-anticipated change to the EU Blue Card is the simplified change of job. In principle, a change of employer or position with the same employer (e.g. promotion) requires permission from the immigration authority. This was often problematic, as the immigration authorities (especially in large cities such as Berlin, Frankfurt am Main and Munich) are often completely overloaded. As a result, the change of employer (e.g. after a dismissal) sometimes took up to 6 - 9 months. During this time, the position had often already been filled by someone else.
The legislator recognized this problem and at least partially solved it with the reform. Firstly, the period of so-called employer loyalty (i.e. the ban on working for another employer or in another position) was reduced from two years to one year. Another new feature is that you no longer have to apply for a change of employer within these 12 months, but only have to notify the employer. In concrete terms, this means that you no longer need permission to change employer, but only need to notify the Foreigners' Registration Office (e.g. via the relevant contact form (e.g. that of the Berlin Foreigners' Registration Office (contact form)). The immigration authority can then (theoretically) prohibit the change of employer, but in practice it is unlikely that the immigration authorities will want to make additional work for themselves in this way simply because they are overloaded. Even if this should be the case, however, an objection can be lodged against the ban on changing jobs (e.g. by a lawyer specializing in migration law).
3. Obtaining a settlement permit more quickly with the EU Blue Card
The reform will also mean that holders of an EU Blue Card can now apply for a settlement permit (even) more quickly. Previously, holders of an EU Blue Card could apply for a settlement permit after 33 months (with A1 language skills) or 21 months (with B1 language skills) instead of 60 months. The period for the settlement permit with A1 language skills is now reduced from 33 months to 27 months. The required periods will also be shortened when applying for a settlement permit for academic specialists (without a Blue Card). This group of people can now apply for a settlement permit after three years instead of four.
4. Europe-wide mobility with the EU Blue Card
The last relevant change to the EU Blue Card is the possibility for holders of EU Blue Cards from other European countries to also work in Germany if the employment is directly related to their work. Previously, holders of other residence permits in Europe were able to travel but not work in the respective country. In these cases, a residence permit for posting always had to be applied for at great expense. This effort is now no longer required for holders of an EU Blue Card. Please note, however, that this only applies to posting to Germany (from another EU Member State) and not to posting from Germany (to another EU Member State).
Other information
The PDF of the new Skilled Immigration Act (Act on the Further Development of Skilled Immigration, Federal Law Gazette 2023 I No. 217 of 18.08.2023) can be downloaded from the Federal Government's website (here).
The PDF of the new Skilled Immigration Ordinance (Eighth Ordinance amending the Employment Ordinance, Federal Law Gazette 2023 I No. 233) can be downloaded from the Federal Government's website (here).
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