Germany Grants 18-Month Permit To Obtain Permanent Stay Thereby Easing Residency Rules For Skilled Workers!
Karma Management has now become Karma Management Global Consulting Solutions Pvt. Ltd. which was incorporated in the year 2004, and has now completed almost 18 years of its existence.
As late as April 2021, Karma Global took a very bold step of venturing into foreign shores in terms of shoving up its business prospects in countries like the US, the UK, UAE, Canada, and South East Asia.
It has already made its mark in terms of providing excellent services in the areas of payroll, outsourcing, recruitment and talent acquisition, HR Services, Facility Management Services, Employment Contracts, Negotiations, and Immigration and Regulatory Compliances in these foreign countries.
Some months back, Pratik Vaidya, CVO & MD of Karma Management Global Consulting Solutions Pvt Ltd went on a Europe tour, participating along with Advantage Austria and brainstorming on the ecosystem of Startups in Salzburg, Austria
ADVANTAGE AUSTRIA has around 100 offices in over 70 countries, and provides a broad range of intelligence and business development services for both Austrian companies and their international business partners of which Karma Management Global Consulting Solutions Private Limited is one of them.
Managing consultations requires a high level of commitment and a framework for promoting the process so as to enhance consistency and maintain high global standards. International programs and activities should be centered around local laws and regulations of each host country as laws can differ significantly from country to country, and Karma Management makes it a point to review on an individualized basis with guidance from local officials.
Karma Management has a well-knitted and integrated team to liaise with local resources and experts in the host country and also has a panel of acclaimed counsels to advise on the governance of local laws so as to represent all our global clients in the best possible manner.
Before We Go Into Germany’s Easing Of Residency, Let Us Look Briefly At Germany’s Skilled Act…….!
Visa and Residence :
The Skilled Immigration Act :
Information on the Skilled Immigration Act :
The Skilled Immigration Act is a new law that expands the number of opportunities for qualified professionals to come to work in Germany. Now, it is easier for skilled workers with vocational, non-academic training from non-EU countries to migrate to Germany in order to work. The current conditions for qualified professionals with university degrees will remain in place, with some relaxation of the rules.
What changes does the new law introduce?
The new law expands the framework under which qualified professionals from non-EU countries can come to work in Germany. The key changes are as follows:
Qualified professionals:
Definition of the qualified professional:
(1) Persons who have either completed qualified vocational training in Germany (for which a training period of at least two years is generally required) or persons who have acquired a vocational qualification abroad that has been recognized as equivalent to German-qualified vocational training.
(2) Persons with a higher education degree which is comparable to a higher education degree in Germany as follows :
Accessing the German labour market: It is now easier to enter the labour market. The qualified professional must possess an employment contract or a specific job offer and a qualification recognized in Germany.
Employment opportunities: A qualified professional may exercise an occupation for which they are qualified. This means that employment in related occupations is also an option. In addition, qualified professionals with academic degrees can also work in jobs that do not require a tertiary education degree.
Qualified professionals with vocational qualifications: If someone has a vocational training qualification recognized in Germany, their residence permit allowing them to work in a specific occupation will also allow them to work in Germany in all occupations covered by their qualification.
Coming to Germany to look for a job: Professionals with a vocational training qualification are also able to come to Germany to look for a job. They will be granted a residence permit for up to six months.
During the time spent in Germany and looking for a job, employment of up to 10 hours per week on a trial basis is possible.
Professionals with a recognized academic qualification, who are still permitted to come to Germany for six months to seek employment, are also allowed to work on a trial basis.
Period of residence for training and skill development: The 18-month residence permit for this purpose can be extended for at least six months up to a maximum period of two years. After the maximum period of the residence permit has expired, a residence permit for the purpose of training, study or work can be issued.
Permanent settlement permits for qualified professionals from around the world: Foreign qualified professionals are able to receive a permanent settlement permit after four years (previously: five years).
Trainees and students:
Coming to Germany to seek a training place: According to the new rules, those interested in receiving vocational training are also able to come to Germany to find a training place. The preconditions are as follows: German language skills at a B2 level, a school-leaving certificate from a German school abroad or a school-leaving certificate which entitles a person to receive higher education, a maximum age of 25 years, and the ability to support oneself financially.
Improved opportunities for foreign students in Germany to change their residence status: Foreign students already have the option to switch to other types of residence permits even before they complete their studies.
Permanent settlement permits for those who have completed a vocational training course in Germany: The new act enables foreigners who have successfully completed a vocational training course in Germany to receive a permanent settlement permit after two years, the same period as applies to graduates.
For companies:
Fast-track procedure for skilled workers: Employers can initiate the fast-track procedure at the relevant Foreigners’ Registration Office in Germany.
(1) An agreement has to be concluded between the company and the Foreigners’ Registration Office including the following documents: powers of attorney and obligations for the employer, the qualified professional, and the relevant authorities (Foreigners’ Registration Office, Federal Employment Agency, recognition bodies, German mission abroad) and a description of the procedures including the parties and the deadlines.
(2) The Foreigners’ Registration Office advises the employer, and supports them as it carries out the procedure to have the qualified professional’s foreign qualification recognized, obtains the approval of the Federal Employment Agency, and examines the preconditions for approvals under legislation regarding foreign nationals. The recognition bodies and the Federal Employment Agency must make their decisions within certain deadlines.
(3) If all the prerequisites are met, the Foreigners’ Registration Office issues a pre-approval, which is sent to the employer to pass on to the qualified professional. The qualified professional then make an appointment at the German mission abroad to apply for the visa. The appointment will take place within three weeks. At this meeting, the original copy of the pre-approval must be presented along with other documents needed for the visa application.
(4) Once the complete visa application has been submitted by the qualified professional, a decision is usually made within another three weeks.
(5) The fast-track procedure for skilled workers also covers the qualified professional’s spouse and minor, unmarried children, if the applications for their visas are submitted at the same time and if they meet the statutory requirements for the subsequent immigration of family members.
(6) The fee charged by the Foreigners’ Registration Office for the fast-track procedure for skilled workers is € 411.00. On top of this, there is a fee of € 75.00 for the visa and fees for recognition of the qualification.
What the new CHANGES FOR PERMANENT RESIDENCY suggest!
The new rule allows people legal status for a year and a half and will also allow easier access to the labor market
Under the new rules, people up to the age of 27 will be granted an 18-month permit with the chance to obtain permanent residence after just three years.
- The German Lower House of Parliament has adopted a new law that will enable foreigners with a short-term “tolerated stay” permit to obtain a permanent residence permit.
- A tolerated stay permit is issued to individuals who are , in principle, advised to leave the country but whose departure is temporarily not feasible.
- People who have been living in Germany for at least 5 years by October 2022 and hold a tolerated stay or temporary residence permit will now be granted an 18 month an “opportunity right of residence”
- The new rule allows people legal status for a year and a half and will also allow easier access to the labour market. During this period, they can submit evidence for the permanent right of residence.
- “We want people who are already well integrated to have a fair chance of staying,” Federal Minister of the Interior Nancy Faeser said in a statement on Friday.
- Young people up to the age of 27 are to be granted an 18-month permit with the chance to obtain permanent residence after just three years.
- Criminals as well as persons who prevent their deportation by false statements or active identity deception are to be excluded.
- Also on Friday, the Bundestag decided to speed up asylum procedures.
- Europe’s largest economy has an aging population and a severe shortage of skilled workers.
- To attract more workers from abroad, income thresholds for the Blue Card for work migration are to be lowered.
- In addition, a so-called opportunity card for people with high potential is to be introduced.
- In the competition for talent and helping hands, we are offering new, and above all easier, ways to work in Germany,” Minister of Labour Hubertus Heil said on Wednesday when he presented the plans.
Conclusion
Germany, one of the largest economies in Europe has been facing severe shortages in the workforce market. To handle these hurdles of shortages, the country plans to attract skilled workers from abroad.
The government has already taken proper measures to permit foreign citizens who have already received a domestic contract from the employer to begin work immediately, provided their vocational qualification will be recognized later.
Apart from this, the German government also eases immigration for younger immigrants for taking study or vocational training in Germany.
The country already planned an un-bureaucratic and transparent point system for the applicants who are willing to work in Germany, which is similar to long-standing programs in Canada and other countries.
Germany not just invites skilled foreign workers, but also general workers who are in need of the German workforce market.
The following table shows sectors and the percentage of shortages in the workforce:
| Name of the sector’s workforce | Percentage of shortage in
|
| Services | More than 50% |
| Manufacturing | Nearly 50% |
| Retail trade | More than 40% |
| Construction | Nearly 40% |
| Wholesale | Around 35% |
Shortages in German workforces and their reasons
Due to low birth rates and unequal immigration flows have generated a demographic imbalance in Germany.
The German government decided to attract 400,000 qualified skilled workers from foreign countries.
More than half of the German companies are currently struggling to get skilled workers for the staff shortages.
The German government has plans to revamp its citizenship rules which might get more foreign immigrants to the country.
Ways to immigrate to Germany
Job seeker visa: One of the best ways that an individual can migrate to Germany is a Job seeker visa. This is one of the long-stay residence permits which allows one to look for work in Germany within 6 months. When you obtain work, you can apply for a work permit in Germany.
Work visa: One of the most popular ways to immigrate to Germany is with a job with a German employment visa. Find a job in Germany from an authorized German employer and immigrate with an employment visa or German work via.
Karma Global plays an important role in immigration consultation through its offices in Canada, the US, the USA, UAE, and South East Asia.
When it comes to legal issues related to immigration, you want to make sure that you have an experienced Organization on your side representing you throughout your case and for filing documentation on your behalf, representing you at immigration court hearings, and assisting you with other matters that are related to your case, then you can place your bet safely on Karma Global who have the expertise and the regional experts to help you out.
Karma Global does a lot of overseas hiring and constantly aims to broaden the talent pool, build cultural diversity, and lower employer costs.
It is true that hiring internationally, one has to navigate a new host of employment laws. Specifically, negotiations and employment contracts that comply with each new hire’s local labor laws, tax requirements, statutory benefits, and other hard-to-manage compliance considerations and Karma Global believes in all of these and follows the regulatory compliances to its fullest level.
How Does Karma Global Adheres To Global Compliances?
Karma Global follows proper global compliance methods to mitigate the risks that can affect its growth and to act on compliance management internationally, it takes the following necessary steps:
Incorporation Of Compliance In The Business Processes
It has a clear understanding that all compliance processes will be incorporated and embedded inside our internationally proven technology while building any new businesses or contracts and will develop business policies along with developing the compliances so that they are in sync with each other and operate side by side fully integrated and interlinked.
Inclusion Of Responsive People
It follows a policy to incorporate the right people in the compliance process to adapt and work on the changes.
KEEPING AN EYE
All the local, regional and international staff of Karma Global make it a point to keep themselves abreast of all the changes and happenings and to be fully updated with the organization’s compliance processes and the required measures and the methods to be followed for each of the global and domestic clients.
Proprietory blog of Karma Global Tech Management LLC
This blog has been collated and compiled by the internal staff of Karma Global with the knowledge and expertise that they possess, for its monthly newsletter Issue 07 of January 2023 and in case of specific or general information or compliance updates for that matter, kindly reach out to the Marketing Team – Kush@karmamgmt.com / yashika@karmamgmt.com