Skilled Workers Immigration Act
| Basic data | |
|---|---|
| Title: | Skilled Workers Immigration Act |
| Abbreviation: | FachKrEG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Immigration law , labor and social law |
| Issued on: | August 15, 2019 ( Federal Law Gazette I p. 1307 ) |
| Entry into force on: | mostly March 1, 2020 (Art. 54 G of August 15, 2019) |
| GESTA : | B041 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Skilled Workers Immigration Act of August 15, 2019 is a 54- article federal law that is part of the so-called migration package of the German federal government and serves to implement various EU directives on the entry and residence of third-country nationals .
The law wants the shortage of skilled workers , especially in the health and care sector , however, meet, in the so-called MINT professions (mathematics, computer science, natural science and technology) also in the craft by the immigration of those professionals who need the German economy, specifically controls and sustainably increases.
The law does not change the previous legal situation for EU foreigners , it only affects people from countries outside the EU.
The most extensive changes concern the Residence Act . The term “skilled worker” is legally defined for the first time in Section 18 (3) AufenthG new version . The definition does not differentiate between academics and professionally trained specialists. According to the Residence Act, a professional is a foreigner who
- has a domestic qualified professional training or a foreign professional qualification equivalent to a domestic qualified professional training (skilled worker with professional training) or
- has a German, a recognized foreign or a foreign university degree comparable to a German university degree (specialist with academic training).
Section 81a of the Residence Act, newly introduced with Article 1 FachKrEG, defines an “accelerated procedure for skilled workers”. In this procedure, the steps necessary to obtain a residence permit are taken on the basis of an agreement between the immigration authorities and the future employer who has been authorized by the foreigner to do so.
literature
- Hans-Peter Welte: The Skilled Workers Immigration Act. Practical Guide. Walhalla-Verlag , Regensburg 2019, ISBN 978-3-8029-3009-6 .
- Harald Dörig : The new skilled immigration law . In: juris - The monthly magazine . No. 3 , 2020, ISSN 2197-5345 , p. 108–117 ( juris.de [PDF; 822 kB ; accessed on April 8, 2020]).
Web links
- Federal Ministry of the Interior : Questions and answers about the Skilled Workers Immigration Act. Accessed January 1, 2020.
- Federal Ministry of Labor and Social Affairs : Skilled Workers Immigration Act December 21, 2018
Individual evidence
- ↑ Directive 2009/50 / EC (highly qualified directive)
- ↑ Directive 2014/36 / EU of the European Parliament and of the Council of February 26, 2014 on the conditions for the entry and residence of third-country nationals for the purpose of employment as seasonal workers OJ. L 94/375 of March 28, 2014
- ↑ Directive 2014/66 / EU of the European Parliament and of the Council of 15 May 2014 on the conditions for the entry and residence of third-country nationals in the context of an internal transfer OJ. L 157/1 of May 27, 2014
- ↑ Directive (EU) 2016/801 of the European Parliament and of the Council of May 11, 2016 on the conditions for the entry and residence of third-country nationals for research or study purposes, for the completion of an internship, for participation in a voluntary service, student exchange programs or educational projects and to exercise an au pair activity OJ L 132/21 of May 21, 2016
- ↑ Draft of a skilled worker immigration law BT-Drs. 19/8285 of March 13, 2019, p. 71
- ↑ Michael Hördt: Selected regulations of the new skilled worker immigration law July 4th, 2019
