Migration package II, draft key issues paper, as of 21.10.2022

We report to you on the federal government’s plans for the second migration package. Our report is based on the key points paper dated October 21, 2022. This means it is not certain that the following will actually become law next 2023.

But one thing is for sure: it is about simplifying the immigration of skilled workers and making it more attractive:

Here we present a selection of the changes that are particularly important for professionals.

1.

Entry possibilities for the purpose of qualification analysis; the foreigner receives a residence permit in order to have it checked whether and to what extent his or her education is recognized in Germany; up to now, recognition has always preceded the visa application and there was only the possibility of receiving the residence permit to make up missing modules.

2.

Opportunity card for job search: there is already the residence permit for job search, but only if there is a university degree that is recognized in Germany. This requirement is to be reduced and replaced with a point system. The selection criteria include qualifications, language skills, professional experience, connection to Germany and age.

3.

Those who have entered the country to take part in a language course are allowed to work up to 20 hours per week on the side. So far, the work is prohibited without exception.

4.

Residence permit for employment with work experience: training that is recognized in Germany is no longer mandatory. It is sufficient if the professional or university degree is recognized in the country where it was obtained.

5.

Reduction of the EU Blue Card salary limit: the EU Blue Card is a privileged residence permit for work. It is linked to a minimum salary threshold of currently around EUR 50,000 per year. This limit is to be significantly reduced in the future according to a new calculation key.

6.

Settlement permit for professionals: the time limit for obtaining a settlement permit has been 4 years so far. This period is to be reduced to 3 years.

7.

Digitization: The digital visa application process is to be made possible for skilled workers. The digital interfaces between visa offices abroad and the foreigners authority are to be expanded. All authorities should be able to communicate digitally with each other and also exchange larger amounts of data. The goal is for professionals and their families to receive visas within three months of applying.

8.

Naturalization: it is planned to shorten the waiting period. Naturalization should be possible after 5 years instead of 8. In addition, as before, there remains the possibility of shortening the waiting period by 2 years. And it should be allowed to keep his previous nationality. So far, dual citizenship has only been provided for in exceptional cases.