One Year of the Skilled Workers Immigration Act: An Interim Review
On 1 March 2021, the Skilled Workers Immigration Act and the associated changes in German residency law celebrated their first anniversary. This law aims to facilitate access to the German labour market for qualified professionals from non-EU countries. It was designed to make immigration easier for both academics and skilled workers to counteract the existing shortage of skilled labour. At the same time, an accelerated skilled worker procedure was introduced to reduce processing times at the relevant authorities, such as the Federal Employment Agency, the immigration offices, and the German embassies.
Impact of the Coronavirus Pandemic on the Implementation of the Law
However, the implementation of the Skilled Workers Immigration Act took place amid the COVID-19 pandemic, which significantly affected the actual impact of the law. Travel and entry restrictions, as well as the partially limited operational capacity of the authorities, make it difficult to clearly assess the successes and challenges to date. These conditions must be considered in any analysis of the legal changes.
Accelerated Skilled Worker Procedure: A Reform with Obstacles
The accelerated skilled worker procedure was introduced to shorten the processing times for visa and residence permit applications. This was to be achieved by introducing binding deadlines for the authorities. However, in practice, this regulation encounters several obstacles. For example, the processing deadline only begins once all required documents are fully submitted—and it is at the discretion of the authority to determine which additional documents are necessary.
Practical Challenges: Deadlines and Capacity Shortages
Another problem is the implementation of the deadline regulation at German foreign missions. According to the law, an appointment must be scheduled within three weeks once the Federal Employment Agency has given its approval. However, in some countries, such as Nigeria or Serbia, waiting times of up to a year are common, making timely processing significantly more difficult. Without additional personnel resources at the embassies, this regulation often remains theoretical.
Central Immigration Authorities: Not Yet Fully Established
Another innovation of the law is the possibility of creating central immigration authorities at the state level to centrally coordinate the accelerated skilled worker procedure. However, this option has so far only been implemented in a few federal states. Where these authorities are lacking, companies must figure out for themselves which authority is responsible for their case. This can lead to delays and organisational difficulties, especially when a personal appointment is required.
New Residence Permits for IT Specialists and Trainees
The Skilled Workers Immigration Act has also introduced new residence permits for IT specialists. These can now be applied for even without a formal university degree, which is a significant step in an otherwise highly academic-focused immigration policy. Additionally, the residence permit for trainees has been legally recognised, although this is somewhat mitigated by the strict requirements for the recognition of foreign qualifications.
Conclusion: Good Approaches, but Practical Difficulties
The Skilled Workers Immigration Act offers many positive approaches, but they still face significant practical difficulties. The implementation of the reforms is hindered by the ongoing restrictions of the coronavirus pandemic, and the resources available to the relevant authorities are often inadequate. In the long term, the success of this law will depend on how quickly and effectively these challenges can be overcome.
