Country Update 2024: GERMANY
- Daniela Boehme
- May 29, 2024
- 4 min read
Contributed by: Daniela Boehme
May 2024
1. Legislative Changes
I.a.:
18.08. 2023 Act on the further development of skilled labour immigration ("FEG 2.0“; in force 18.11.2023 / 23.11.2023 / 01.03./2024 / 01.06.2024)
26.03.2024 Act on Modernisation of Citizenship Law (in force 26.06.2024)
26.02.2024 Return Improvement Act (in force 27.02.2024) ("Get Lost Law III“)
08.05.2024 Act on the Adaptation of Data Transmission Regulations in Alien and Social Law (in force 16.05.2024): Payment card introduced for persons receiving benefits based on the asylum seekts benefit act.
2. Business Immigration
Three-column model
1. Qualification
2. Experience
3. Potential
Qualification
no labour market test
if above 44, pension plan necessary or at least yearly gross Euro 49,830
faster change to unterminated residence right possible (already after 3 years instead of 4); for Blue Card holders after 27 months (instead of 33 months; with language skills even after 21 months)
a right to have the residence permit either for skilled worker with recognized academic background or with recognized vocational training background (at least two years training); any qualified work for a qualified worker will do (the qualification no longer has to “qualify” one for the work)
enhanced migration for education
Blue Card
Scope extended: not only for high skilled workers with academic background but also for high skilled workers with recognized three years vocational training or experienced workers with three years’ work experience during the last seven years (implementation of High Qualified Workers Directive)
now also possible for persons with international protection status
now easier to change the employers (before the immigration office's consent was required for two years, now it might just not consent for 12 months)
better mobility for Blue Card holders from other EU countries (fiction of non work if work in other EU country up to 90 days within 180 days; time of Blue Card issued by other EU country counts for permanent EU residence right)
annual gross income thresholds updated (and lowered significantly for the first time):
for regular professions to Euro 45,300 (48,400 in 2023)
for professions where are shortages (such as natural scientists, mathematicians, engineers, doctors and IT specialists and an even wider scope now), for beginners (degree not older than 3 years) and for IT-specialists even without a degree to Euro 41,041.80 (45,552 in 2023).
These thresholds are tied to the yearly general pension insurance contribution assessment ceiling - (jährliche Beitragsbemessungsgrenze der allgemeinen Rentenversicherung.
Experience
At least 2 years work experience within the last 5 years, plus minimum income of Euro 40,776 - gross per year, if above 44 of age at least Euro 49,830
permit while recognition procedure of foreign degree is running in Germany; up to 24 months/three years for ongoing qualification measures in Germany (formerly only 12 months; try out work in the field of qualification possible and working in a side job allowed (formerly 10, now 20 days a week)
“Recognition Partnership”: permit for combining the recognition procedure for a professional qualification in Germany with accompanying qualified employment in a company.
Potential
possible duration for search visa/permits for work or vocational training prolonged; 2 weeks try out work in the field of qualification possible and working in a side job allowed (formerly 10, now 20 days a week); for job seeker visa: age up to 35 years – formerly 25; language requirement B1, previously C1 was required)
Opportunity Card (point system), starting 01.06.2024 - 6 Points needed, point criteria: qualification, work experience, MINT, language skills, age, relation to Germany, potential of the accompanying spouse; duration 1 year, if job offer exists but not yet all criteria fulfilled, max 2 years prolongation
independent from qualification
new quota for short term work (25.000 per sector so far; no visa needed for work up to 90 days within 180 days; if work exceeds 90 days, a visa for max 8 months is possible
new residence title for employment of auxiliary staff in nursing care
3. Family based immigration
Easier for members of skilled workers (i.a. housing requirement gone)
Skilled workers having entered recently, can bring their parents along without having to prove “exceptional hardship”
4. Asylum
Ukraine - as of April 2024, 1,116,51 registered war refugees from Ukraine in Germany
939,212 based on Article 24 of Directive 2001/55/EC / § 24 Residence Act
rest is either pending or no application has been made
Asylum (excluding Ukraine)
in 2023 351,915 asylum applications including 329,120 first applications, in 2022 244,132 asylum applications including 217,774 first applications (increase over 50% in first time applications)
asylum applications in 2024 71,061 (until 3/2024); including second applications)
Syria, Turkey and Afghanistan being the main countries of origin.
December 2023: Georgia and Moldova declared safe countries of origin.
With the Get lost Law III from 2/2024
i.a. criminalisation of wrong facts given during the asylum procedure or for not handing over the passport or phone etc. (up to one year of prison or a fine)
5. Deportation
With the Get lost Law III from 2/2024
easier to take people into custody pending departure or detention (formerly 10
days, now 28 days possible)
more reasons for possible expulsions
now mandatory to have a lawyer in Dublin procedures and in custody pending detention or departure.
In 2023 16,430 people were deported (without Dublin transfers; main countries: Georgia, Albania, North-Macedonia)
Dublin
in 2023 74,622 transfer requests from Germany, only 5,053 were transferred (6,77 %)
in 2024 (until 4/2024) 24,053 transfer requests from Germany, 2,037 transferred (8,47 %)
since Greece said it will guarantee housing for Dublin cases for persons from Algeria, Morocco, Tunisia, Pakistan or Bangladesh, since January 2024 Germany considers again transfers to Greece.
6. Citizenship
With Act on Modernisation of Citizenship Law from 3/2024 (in force 26.06.2024)
facilitating of naturalisation
now possible after 5 years (before 8, can even be only after 3 now if integration achievements)
dual citizenship accepted
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