Amendment to the Skilled Immigration Act – relief for the construction industry?

In an article titled “Overburdened authorities prevent faster immigration” in the April issue of the trade magazine “Der BauUnternehmer”, Dr. Oliver Baumann, partner at our law firm, explains the problems and challenges of the German Skilled Immigration Act (FKEG) to date and the uncertainty surrounding the effectiveness of the latest amendment from November 2023.

Originally introduced in June 2019, the Skilled Immigration Act (FKEG) was intended to facilitate access to the German labor market for skilled workers from third countries and streamline the overburdened administrative procedures. However, the hoped-for relief and the desired success did not materialize. The reasons for this: The responsible central immigration authorities were not adequately equipped with additional staff, and there was a lack of the necessary digitalization of procedures. These structural deficits led to excessively long procedures and high hurdles in the recognition of foreign qualifications, particularly for non-academic skilled workers.

To improve the situation, the German government passed the Act on the Further Development of Skilled Immigration. It has been implemented in stages since November 18, 2023 in order to give the authorities sufficient time to adapt. The law is based on three main pillars:

1. Skilled labor pillar: this is intended to simplify the immigration of skilled workers by redesigning the EU Blue Card and making it easier to change employers.
2. Experience pillar: This pillar makes it easier for people with sufficient professional experience, but without a qualification recognized in Germany, to immigrate and have their professional qualification recognized after entering the country.
3. Potential pillar: By introducing an “opportunity card”, employees without skilled worker status can also obtain a work permit in Germany – this is intended to take into account and promote the professional prospects and qualifications of immigrants.

However, according to Dr. Baumann, it remains to be seen whether the reform of the FKEG from 2023 will bring the hoped-for relief and acceleration in the immigration of skilled workers for the construction industry. This is because the structural problems in the authorities could even be exacerbated by the new regulations, as the requirements and individual case reviews of applicants increase.

For questions on labour law, please contact our lawyers specialized in labour law, Dr. Oliver Baumann and Ulrike Dörrie. Call us with no obligation! (+49-89-51 24 27 0).