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IMMIGRATION

TIMELINE: When will Germany’s new immigration rules come into force?

Germany's hotly anticipated skilled worker immigration law was passed in the Bundesrat this Friday. So when will foreigners be able to take advantage of some of its benefits, from the new points-based Opportunity Card to simpler family reunification?

Ausländerbehörde
People go in and out of the Ausländerbehörde in Berlin. Photo: picture alliance / Kay Nietfeld/dpa | Kay Nietfeld

In spite of bad tempered protest from the opposition benches, Germany’s new Skilled Worker Immigration Act is coming – and for thousands of foreigners hoping to find a route to migrate to the country, it couldn’t come a moment too soon.

As a new study revealed this month, skilled workers from non-EU countries currently face massive hurdles when attempting to move to Germany, from confusing visa regulations to lengthy waiting times. 

But with a range of new measures designed to make moving to Germany simpler and more appealing for people with qualifications, the government is hoping it can turn the country into the next big immigration destination and plug its ever-widening skills gap. 

These include introducing a special points-based permit for jobseekers that would allow them to enter the country for up to 12 months in order to look for work, lowering the salary threshold for Blue Card applicants, easing family reunification rules and making life easier for international students.

Hailed as the “most modern migration law in the world” by Interior Minister Nancy Faeser (SPD), the changes are likely to have a significant impact on people migrating to Germany – and the majority of the new rules should be in place within the next twelve months. 

What’s happened so far?

After making a number of last-minute changes to the Skilled Workers Immigration Act – including easing language requirements for the points-based permit – the bill was passed in the Bundestag on June 23rd. 

Despite fierce opposition from the CDU, who described the bill as “false advertising”, and the far-right AfD, the bill was passed easily with support from all three governing parties: the SPD, Greens and FDP.

On July 7th – the last day before the summer recess – the bill was passed in the Bundesrat, Germany’s upper house of parliament. This paves the way for it to be signed into law. 

READ ALSO: German Bundestag passes sweeping immigration reforms bill

What happens next?

Following successful votes in the Bundestag and Bundesrat, the legislation has just a few more bureaucratic hurdles to clear before it becomes a reality. 

It will first be printed in full and signed by the chancellor and responsible minister – in this case, Nancy Faeser – and then to President Walter Steinmeier to check whether it has been passed in accordance with Germany’s constitution. 

After Steinmeier signs off on the bill, it officially enters into law. 

September/October: Final sign-off 

Since parliament is currently in summer recess, the final few stages involved in signing the bill into law are likely to be pushed back until after the break. 

That means that we could see Steinmeier put his signature on the Skilled Worker Immigration Act sometime in September, which would set the ball rolling on the mammoth task of implementing it. 

November: EU Blue Card regulations 

Speaking to The Local, a spokesperson for the Interior Ministry explained that most of the changes set out in the Skilled Worker Immigration Act would be scheduled to come into force six months after it officially enters into law. This is to give stakeholders such as the Foreigners’ Offices time to implement the new systems and rules. 

However, one part of the bill arrive much sooner: the new guidelines and requirements for EU Blue Card holders. According to the spokesperson, the EU’s Blue Card Directive “stipulates that member states must have transposed the Directive by November 18th 2023 at the latest”, which means that these changes must have come into force by this deadline.

Two Blue Cards for foreign skilled workers are on a table at the Federal Office for Migration and Refugees in Bavaria.

Two Blue Cards for foreign skilled workers are on a table at the Federal Office for Migration and Refugees in Bavaria. Photo: picture alliance/dpa | Daniel Karmann

That will mean that people applying for an EU Blue Card after this date can take advantage of the relaxed rules, including a drastic reduction in the salary threshold to €3,500 gross per month and special carve-outs for IT workers without a degree.

Beyond this, the Interior Ministry spokesperson confirmed that a few other changes could happen in November as well. “Other regulations that are to be implemented quickly are also to enter into force as early as this date,” they explained.

READ ALSO: 8 things to know about Germany’s new skilled worker immigration law

March: Majority of changes come into force

As mentioned, the general implementation phase of a new bill lasts for six months after it is signed into law by the president. That means that, by March next year, the bulk of the transformation to Germany’s immigration system should be complete.

This includes plans to widen family reunification to include the parents and parents-in-law of migrants, rather than just spouses and children under the age of 18, and to scrap “sufficient living space” requirements for family reunification. According to the Interior Ministry, this would come into force on March 1st, 2023. 

It also includes plans to loosen the requirements for foreigners to have professional qualifications in a specific field before moving to Germany. Instead, non-EU foreigners will be able to move to the country with two years of professional and two years of educational experience.

Switching visas will also be made much simpler for people who are already in Germany, and new routes will be available for refugees to switch to a working visa. 

READ ALSO: How foreigners will be able to bring their families to Germany under new skilled worker law

June: Opportunity Card and West Balkans Regulation 

The headline change in the Skilled Worker Immigration Law is likely to take the longest to implement, with the Interior Ministry giving itself a full nine months after the law comes into force to sketch out its Opportunity Card system.

An application for a residence permit.

An application for a residence permit. Photo: Wolfram Kastl/dpa

This is the name that’s been given to the points-based jobseekers’ visa that foreigners will be able to apply for under the new law. 

In addition, the amendments to the West Balkans Regulation, which are designed to attract more workers from countries like Albania, Kosova and Bosnia, will also be scheduled to come into force at this point. 

READ ALSO: How Germany plans to attract more workers from the Balkans

Why does Germany need a skilled worker law? 

Despite its status as an economic powerhouse in Europe, Germany has been struggling to attract enough skilled workers into the country to fill its shortages. 

Though there are likely to be numerous reasons for this – including a preference for anglophone countries like the US, UK and Canada – one key issue is the number of bureaucratic hurdles foreigners face in moving to the country. 

This was highlighted by a recent study that uncovered the struggle of thousands of skilled workers who were interested in moving to Germany from a non-EU country. 

Of the 30,000 qualified workers from abroad questioned by the Organisation for Economic Co-operation and Development (OECD) last year, just four percent managed to make it to Germany within six months, despite the fact that half had firm plans to move and 80 percent had already taken the first steps.

READ ALSO:

Of the people who did manage to migrate in this time, ten percent said they had waited over six months for their application to be processed. And despite the fact that half of the workers were employed in an industry currently hit by a skilled worker shortage, a significant number said they were struggling to conduct a job search from abroad. 

The government is hoping that making the rules more flexible, speeding up the process and offering a chance for workers to come to Germany before finding a job will help solve some of these ongoing problems. 

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POLITICS

Citizenship reform: How a German minister you’ve never heard of is changing the lives of foreigners

Germany's coalition government is struggling. It's flagging in polls, sports few concrete policy wins, and its foreign policy is hotly debated. A notable exception is Interior Minister Nancy Faeser - a Social Democrat who remains a little discussed figure - despite overseeing legislation that hits at the core of Germany's identity.

Citizenship reform: How a German minister you've never heard of is changing the lives of foreigners

After all, few things are as existential to a country’s identity as deciding who gets to be a national or who gets to settle there and be a part of its community.

As Germany’s Interior Minister since late 2021, Faeser has been responsible for overseeing historic legislation on both. At a time when other European countries are tightening up citizenship and immigration rules – even for skilled, well-integrated immigrants – Faeser’s German Interior Ministry is betting on more openness.

March saw sweeping immigration reforms – designed to make it easier for skilled workers to come to Germany, bring their parents if they wish, and even come before having their foreign qualifications recognised by Germany’s notorious bureaucracy.

Skilled workers also have a faster route to permanent residence in Germany – after just 21 months in some cases.

Late 2024 will also see the introduction of the points-based Chancenkarte – or “opportunity card”. A German first, people with enough points could theoretically come to Germany without a firm job offer and look for work while already here. They might even be able to come if they don’t speak German yet – if they have enough points in other areas. In a country not normally known for its flexibility, Faeser’s Interior Ministry is showing much more of it in a bid to combat the country’s skilled labour shortage.

READ ALSO: The changes to Germany’s immigration rules in March 2024

Landmark citizenship reform

Many Local readers will also be familiar with another landmark piece of legislation from Faeser’s desk – Germany’s long-awaited dual nationality reform. After having seen repeated delays due to disputes between the three governing coalition parties, the Federal President finally signed and certified the new citizenship law in late March – starting a three-month countdown for the country’s bureaucracy to adapt to the new rules.

On June 26th, German citizenship law will allow people to hold multiple nationalities when naturalising and shorten the time someone will have needed to be in Germany before applying for citizenship from eight years to five.

Many people are becoming German

American Rick Hoffmann, Aussie-Italian Joe Del Borrello and Brazilian-Canadian Dini Silviera are looking forward to applying to becoming German following passage of the government’s dual citizenship reform. Photos: Rick Hoffmann, Joe Del Borrello, Dini Silviera

It’s not been without its controversy, with the country’s Christian Democrats (CDU) remaining vocal opponents until the end. CDU MP Alexander Throm described it as a “citizenship devaluation law” that has “the most wide-reaching negative consequences for our country” during the Bundestag session that saw the law’s final passage.

During that same debate, SPD MP Dirk Wiese pointed out a historical symmetry – namely that Faeser, a Social Democrat from Hesse, was responsible for passing dual nationality legislation that a CDU Premier of Hesse has originally torpedoed 25 years ago.

READ ALSO:

Throm was right about one thing. The results of Faeser’s legislation are likely to have long-lasting, far-reaching effects. Both the new law’s supporters and detractors can at least agree on its importance.

It may well end up being one of the longest-lasting legacies of the traffic light government. Even if the CDU take the Chancellery again in 2025 – as current polls would suggest – no other possible coalition partner is likely to agree to repeal the law. Dual nationality in Germany – and with it the acceptance of multifaceted identity – is likely here to stay, even if a future CDU-led government manages to tighten up immigration or asylum law in the future.

Nancy Faeser Boris Rhein

SPD candidate and Interior Minister Nancy Faeser and CDU candidate Boris Rhein in Wiesbaden, Hesse during the election campaign. Photo: picture alliance/dpa | Boris Roessler

Faeser’s non-flashy style

Despite the weighty nature of the legislation she’s shepherded through her ministry and the Bundestag, Faeser isn’t known for grand pronouncements. She’s largely left it to others to make the public case for the dual nationality law’s importance, like parliamentary rapporteurs Hakan Demir (SPD), Filiz Polat (Green), and Stephan Thomae (FDP). She’s comfortable giving breakfast show interviews but rarely hits the evening talk show circuit.

A legislative workhorse, Faeser just seems to move on to her next task without a lot of fanfare for the one she just completed. The reason is likely equally unglamorous – she just has a lot to get done. Today immigration and citizenship reform, tomorrow proposals to tighten gun controls in Germany or issue visa bans for Russian athletes. She also found time to be her party’s top candidate in last autumn’s state election in her home state of Hesse.

Having never had a federal office before becoming Interior Minister, Faeser came from Hessian state politics, where she served as a member of the state parliament from 2003 to 2021, eventually becoming the Hessian SPD state party leader in 2019. At the time she became a minister in 2021, few Germans outside of Hesse had heard of her – never mind internationals.

Nancy Faeser smiles in November 2015 at the SPD state party conference in Kassel (Hesse).

Nancy Faeser smiles in November 2015 at the SPD state party conference in Kassel (Hesse). Photo: picture alliance / dpa | Uwe Zucchi

Media outlets both inside and outside of Germany keep their main focuses on politicians like Chancellor Olaf Scholz, Foreign Minister Annalena Baerbock, Vice-Chancellor Robert Habeck or Finance Minister Christian Lindner. With the controversy over Berlin’s strategy in Russia’s war against Ukraine, this is perhaps understandable.

But such a focus might sometimes miss another fundamental shift currently underway in Germany – as the country changes its approach to who gets to be a member of its national community. Nancy Faeser may well be one of the few members of the current German government to have a legacy that lasts well beyond her time in office.

Agree with her policies or not, that deserves more German and international reflection.

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