Skilled labour immigration from third countries: On the draft bill by the Federal Ministry of the Interior, Building and Community

Abstract

"The draft bill by the Federal Ministry of the Interior, Building and Community for a law on skilled labour immigration includes numerous changes to the existing law while at the same time adhering to the classifications and basic principles of the existing law. The most important change is the equality of skilled workers with vocational qualifications and skilled workers with academic qualifications. These two groups are the key target groups of the new immigration law. Moreover, the proof of precedence will be largely abolished. A few exceptions aside, the basic principle regarding the recognition of the equivalence of professional qualifications acquired abroad shall remain in place. Hence, the main obstacle to the immigration of skilled workers will persist. However, the options for recognition after entry into the country were extended. The draft bill suggests a number of procedural changes, which may lead to an acceleration of the recognition and visa procedures. It remains yet to be seen how that will stand the test of practice. The extended and newly created options for job search, apprenticeship search, and residence for recognition of professional qualifications are quite restrictive. It is therefore unlikely for these actually useful instruments to be used on a larger scale. The draft bill misses the chance for a 'lane change' regarding people whose deportation has been suspended. There are also minor changes in the field of vocational training and a slight improvement in legal certainty due to gainfully employed people being tolerated for 30 months. It would have made more sense to propose a change of tack in conjunction with a cut-off date." (Author's abstract, IAB-Doku) ((en))

Cite article

Brücker, H., Jaschke, P., Keita, S. & Konle-Seidl, R. (2019): Fachkräfteeinwanderung aus Drittstaaten: Zum Referentenentwurf des Bundesministeriums des Innern, für Bau und Heimat. (IAB-Stellungnahme 04/2019), Nürnberg, 22 p.