“Opportunity card” and “points system” are the magic words with which the traffic lights want to attract more well-educated people from all over the world to Germany. The draft law is now available. Drivers in Germany should not exceed the limit of 8 points in the traffic offender index, because otherwise the authorities will revoke their driving license. For people from abroad who want to prove themselves on the German labor market, on the other hand, a minimum number of 6 points will be the key to success in the new skilled worker immigration law in the future.
For those who achieve it, for example through professional experience and good German language skills, are to receive an “opportunity card” as a legal residence title without any further requirements. This is the result of the draft bill on the planned reform of immigration law, which the Federal Ministry of the Interior and the Ministry of Labor have now completed. It has been made available to the F.A.Z..
With it, the ministries want to anchor the introduction of a points system as a new “second pillar” in the skilled labor immigration law announced by the traffic light parties in the coalition agreement. The so-called first pillar regulates access for foreign workers who already have an employment contract with a German employer firmly in place. A key innovation is therefore that even prospective employees who have not yet negotiated with employers in Germany from abroad are to be given easier access to a kind of probationary period on the German labor market.
With a recognized degree, the card is issued directly.
The opportunity card is then valid for a limited period of one year – those who successfully find a job during this time can legally stay longer in Germany with it, otherwise not. In any case, the holders of the opportunity card are to earn their own living, without the German welfare state. Together with further reforms of the rules and procedures for skilled workers, the new points system is expected to make a noticeable contribution to easing the labor shortage in this country.
The draft states that the planned regulations “could, according to the federal government’s estimates, increase the immigration of qualified third-country nationals for the purpose of labor migration by 50,000 persons annually.” With a planned expansion of the so-called Western Balkans regulation, which has been in place since 2016, the potential is estimated at 65,000 people annually.
400,000 Workers will be need soon
The Federal Labor Agency expects Germany will soon need 400,000 workers from abroad annually to fill the gaps that will open up as “baby boomers” retire. The ministries also cite a study by the Boston Consulting Group. According to this study, “Germany loses 86,000 euros in economic output annually for every skilled worker it lacks.”
In the new points system, interested parties should be able to collect points primarily with professional qualifications and language skills, but other criteria such as age will be added. In concrete terms, it looks like this: Anyone who can offer at least three years of professional experience will receive three of the six points required. Applicants with a vocational qualification that is at least partially recognizable under German law will receive four points. Applicants with a degree that is fully recognized in Germany do not have to worry about collecting points – they receive the opportunity card directly.
Not a lucky ticket
Another discipline in the points system, on the other hand, is the applicants’ “relevance to Germany.” This relates primarily to language skills: Those who already speak German well, at level B2 of the EU classification, receive two points for this. One point is awarded for advanced basic knowledge (B1).
Another point is awarded to applicants who have already lived legally in Germany for at least six months in the previous five years. There is also an additional point for applicants who have a “sponsor” in this country who declares his or her intention to support them on their way into work.
Finally, the third discipline with points potential is age: anyone under 35 is credited with 2 points; for those under 40, there is another point. Older people, on the other hand, must have all the more to offer in the other categories. The reason given is that younger people usually find it easier to learn and adapt.
The “opportunity card” itself is not designed to be a lucky ticket, however, because according to the draft it does not allow unlimited work: it only entitles the holder “to work a total of up to 20 hours per week and for up to two weeks in each case on a trial basis for an unlimited period of time. But those who find a regular full-time job are assured by the draft that they will also have the prospect of a suitable long-term residence title.
Source: F.A.Z. – 07.01.2023 – https://zeitung.faz.net/faz/wirtschaft/2023-01-07/9e4531eee73458cb5e21eb6d90ecf487/?GEPC=s5