With the new law, existing mechanisms for skilled workers with a university degree, such as the EU Blue Card, will continue and in some cases be extended. In addition, a new opportunity card (Chancenkarte) will enable third-country nationals to seek employment.
The new law has several parts. The provisions will be phased in from November 2023. Here is an initial overview of the planned amendments:
The new EU Blue Card from November 2023
In implementing the requirements of Directive (EU) 2021/1883, the German legislator has restructured and widened the migration possibilities with an EU Blue Card:
- Lower salary thresholds: The salary thresholds for the EU Blue Card in regular and shortage occupations will be significantly lowered. In future, a minimum salary of 45.3% of the annual contribution assessment ceiling for pension insurance (in 2024: €41,041.80) will apply to shortage occupations and new entrants to the labour market; for all other occupations, the figure will be 50% (in 2024: €45,300).
- Wider group of people:
New entrants to the labour market: The possibility of obtaining an EU Blue Card will be opened to a wider group of people. For example, foreign people who have graduated from university within the last three years can obtain an EU Blue Card if their job in Germany earns them a minimum salary of 45.3% of the annual assessment ceiling for pension insurance (in 2024: €41,041.80). This applies to both regular and shortage occupations.
IT specialists: Another change is that IT specialists will be able to obtain an EU Blue Card if they do not have a university degree but can prove that they have at least three years of comparable professional experience. In this case, the lower salary threshold for shortage occupations will apply (45.3% of the annual assessment ceiling; in 2024: €41,041.80).
Extension of the list of shortage occupations: The list of shortage occupations for the EU Blue Card will be significantly expanded. In addition to the existing shortage occupations (mathematics, IT, science, engineering, and human medicine), skilled workers in the following occupations will be able to obtain an EU Blue Card if they meet the other requirements:- Manufacturing, mining, construction, or distribution managers
- Information and communications technology service managers
- Professional services managers, such as child care or health services managers
- Veterinarians
- Dentists
- Pharmacists
- Nursing or midwifery professionals
- School and out-of-school teachers and educators
You can find the detailed list of shortage occupations here.
Here, too, the lower salary threshold for shortage occupations will apply (45.3% of the annual assessment ceiling; in 2024: €41,041.80).
- Short-term and long-term mobility: Holders of an EU Blue Card issued by another EU Member State will be entitled to short-term and long-term mobility in Germany. For a maximum stay of 90 days, Blue Card holders from other EU countries will be able come to Germany and stay here for the purpose of a business activity directly related to their employment. Neither a visa nor a work permit from the Federal Employment Agency (BA) is required for such short stays.
After a minimum stay of twelve months with an EU Blue Card in another EU country, long-term residence in Germany is possible without a visa. After entering Germany, the professional must apply to the foreigners authority for a German EU Blue Card. - Facilitated family reunification for EU Blue Card holders: EU Blue Card holders who have already lived in another EU Member State with their family will be entitled to privileged family reunification. If these family members require a visa due to their nationality, they will be entitled to enter and reside in Germany as family members of an EU Blue Card holder with the residence permit issued in the previous Member State without having to undergo a visa procedure beforehand. When a residence permit is issued in Germany, the requirements of sufficient living space (Section 29 para. 1 no. 2 of the Residence Act [AufenthG]) and the requirement to secure one’s livelihood (Section 5 para. 1 no. 1 of the Residence Act [AufenthG]) will no longer apply.
You can find further information on the EU Blue Card in the “EU Blue Card”.
Further changes from November 2023
Entitlement to residence permit for skilled workers and abandonment of the link between qualification and employment
The two central legal bases for residence permits for skilled workers with a vocational training qualification (Section 18a of the Residence Act [AufenthG]) and skilled workers holding a university degree (Section 18b of the Residence Act [AufenthG]) will be amended in two respects:
- First, applicants will now be entitled to a residence permit if all requirements are met.
- Second, the restriction that individuals may only work on the basis of the skills acquired with the professional qualification will be removed. In other words, if applicants have a vocational qualification or a university degree, they are not restricted to jobs related to that qualification when looking for employment. There are exceptions for regulated professions.
In the “Work visa for qualified professionals” section, you can learn about what concrete requirements are set in place in order to receive this visa or residence title.
Employment of professional drivers
The granting of approval by the Federal Employment Agency for employing professional drivers from third countries is to be simplified. As a result, it will no longer be checked whether the applicant has the required EU or EEA driving licence and the initial qualification or accelerated initial qualification. In addition, the priority check will be abolished, and language skills will no longer be a requirement.
You can find further information on the regulations for professional drivers from abroad in the “Special regulations for professional drivers” subsection of the “Visa” section, as well as on our website for employers in the “Professional drivers from third countries” section.