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Germany Invites To Work And Opens Doors For Specialists

Jobs in Germany for Americans

Jobs in Germany for Americans. In Germany, the rules of immigration in connection with employment are radically changing. From March 1, foreign workers of various qualifications will be able to enter the labor market. However, not everyone will be able to enter the country anyway.

What happened and why the event can be called a landmark

The Law on the Migration of Skilled Professionals (Das Fachkräftezuwanderungsgesetz) makes moving on the basis of employment easier for university graduates and opens up new opportunities for people with secondary vocational education.

“The essence of the new norms: earlier, the German labor market, in fact, was open only to highly qualified specialists. I’m talking about the so-called blue card. Strictly speaking, this rule applies throughout Europe and provides for a simplified job obtaining – that is, work visas – only for people with higher education.

Now, when searching for candidates for almost any vacancy, the principle of priority for citizens of Germany or the EU is removed. That is, if earlier employment agencies, first of all, checked whether citizens of Germany or EU countries were applying for work, now the check has been canceled. The decision of who to hire is up to the employer. “

  • What is Germany’s goal?

First of all – to attract qualified specialists. But not only.

“There has been a huge shortage of qualified personnel in Germany for several years now. And this law is the result of the work of employers’ associations, which informed the legislative bodies and the government that it is simply impossible to eliminate the deficit in the labor market on their own, without an influx of quality specialists from third countries.

In parallel, the state is trying to integrate migrant workers into German society, and this happens to a large extent through work. “

The Law on the Migration of Skilled Professionals (Das Fachkräftezuwanderungsgesetz) makes moving on the basis of employment easier for university graduates and opens up new opportunities for people with secondary vocational education.

“The essence of the new norms: earlier, the German labor market, in fact, was open only to highly qualified specialists. I’m talking about the so-called blue card. Strictly speaking, this rule applies throughout Europe and provides for a simplified job obtaining – that is, work visas – only for people with higher education.

Now, when searching for candidates for almost any vacancy, the principle of priority for citizens of Germany or the EU is removed. That is, if earlier employment agencies, first of all, checked whether citizens of Germany or EU countries were applying for work, now the check has been canceled. The decision of who to hire is up to the employer. “

  • What is Germany’s goal?

First of all – to attract qualified specialists. But not only.

“There has been a huge shortage of qualified personnel in Germany for several years now. And this law is the result of the work of employers’ associations, which informed the legislative bodies and the government that it is simply impossible to eliminate the deficit in the labor market on their own, without an influx of quality specialists from third countries.

In parallel, the state is trying to integrate migrant workers into German society, and this happens to a large extent through work. “

  • For which specialists will something really change?

Formally, we are talking about a very wide range of professions.

“Representatives of a certain list of professions fell under the blue card, but the new law deals with employees who received qualified professional education, not necessarily higher and not only technical. Formally, both a plumber, a nurse, and a driver can apply for a job in Germany.

But in fact, the law will first of all make it easier for citizens with higher education to get a job – but not only for top-class specialists. Although, I repeat, there are no restrictions. “

  • How to understand what professions specialists are required?

Through private agencies or specialized databases.

“Globally, nothing has changed in the job search procedure. You can look for work, as now, through private agencies; personal initiative of a migrant is welcomed. In parallel, new unified databases are being created – this is both a federal and a land initiative.

There is no list of especially popular professions, it exists only within the blue card. Restrictions for applicants remain in the sense that, having come to Germany as a qualified worker, you must work in the declared main specialty and cannot perform auxiliary work that does not correspond to your qualifications. “

  • How will the law work?

Unfortunately, this is an open question, because many parameters are still not clear.

“I attended the main conference devoted to this issue. It was attended by representatives of the Ministry of Internal Affairs, the Federal Agency for Employment and heads of departments for foreigners from all lands and municipalities. And there was a discussion on how to organize all this, how to integrate new areas of activity of departments, how to establish communication between departments for foreigners’ affairs with job exchanges. “

“Any new law, especially with fundamentally different approaches like this one, raises many questions. Discussion of the topic of a package of migration laws and laws on the migration of specialists was under question, whether this is a breakthrough or rather a barrier in the field of migration law. The conclusion of an agreement between the Office for Foreigners and the employer to speed up the procedure for processing visa applications for specialists is a completely new tool that migration, consular and embassy offices have never worked with.

The conference participants took a pragmatic approach to all the new norms and their interpretations, deciding that they would apply the law according to the principle of “practice will show.”

Confirmation of knowledge

  • What are the main parameters that a potential employee must meet?

Professional education and language skills.

“As I said, first of all, the applicant must have a profession – a confirmed completed professional education. At least two years old. The second and very significant criterion is knowledge of the German language, and at a fairly high level – B1 ”.

  • Who and how will check the compliance of the certified qualification with the requirements of German legislation?

The idea of ​​the law appeared already about eight years ago. During this time, data banks on professions and educational institutions from third countries were created in Germany.

“Of course, everyone understands that not all migrants can fully meet the standards that Germany sets for specialists. If the qualification does not correspond to the required one by 100%, a specific specialist has the opportunity to come here and finish his studies to the required level. In this case, the specialist does not receive a work visa, but a student visa.

Vocational education in Russia used to be obtained in schools, now they are more often called colleges. The proof of any education is a diploma. Based on this, the German Office for Foreigners will assess whether it is sufficient to work in Germany in this profession.

It took a long time to prepare the law, and all this time, bases of educational institutions of third countries were created in Germany. Therefore, if someone comes with a diploma of the conditional N-TU No. 34, the German department will be able to quickly find out whether this educational institution is recognized in Germany, and say how the depth of vocational education and the skills acquired correspond to German requirements and the actual needs of the market. “

  • How can I confirm my language level?
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Present a diploma from an accredited educational institution.

“All over the world in large cities there are accredited schools – the same Goethe Institute . I know of at least four such schools in Russia. They teach the language and take exams, the results of which are recognized by the German authorities. The Goethe-Institut certificate is one of the few documents accepted by all institutions requesting language proficiency, including the embassy. However, there are other organizations as well. For example, TestDaF – just in Russia, as far as I know, it is not so popular. Finally, the language proficiency test can be taken in Germany simply by coming here as a tourist.

Speaking about this, in my opinion, the threshold of knowledge of the language is one of the significant obstacles to the implementation of the program, because it is not easy to obtain the B1 level. As a rule, this requires at least a year and a half to study. This point just became a compromise between the members of the coalition to adopt the law. “

  • What can prevent an applicant from getting a job quickly?

This is a completely new model of law, and it has not yet regulated all the coordination mechanisms.

“It is clear how the law will work globally. But, in my opinion, problems may arise with the recognition of a diploma. Let’s say if there is no 100% correspondence between knowledge in your country and in Germany.

Jobs in Germany for Americans

And then, Germany is a federal country. Different standards may apply to the recognition of professions in different states. That is, in one land your vocational education will be sufficient, but in another, it will not. “

  • How do I know if my diploma meets German standards?

The answer can be obtained through the German consulates.

“How successfully the consulates will issue this information is an open question for me. But I want to draw your attention: higher education is also included in the concept of vocational education and the new law applies to it. That is, the answer can be obtained from university diplomas. Your diploma may be recognized in whole, in part, or not. Also, some information is presented on the portal of the Federal Ministry of Education and Research ”.

  • Who will compare my diploma and skill level with German standards?

The main decision is up to the employer.

“It is clear that the employer himself is not very interested in your formal qualifications. Of course, they will look at it, especially since it will be in the database compiled by the German departments. But basically, they will make a decision on the basis of biography, resume, interview results.

How and where to look for work now

  • Where do potential migrants start?
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Still, you need to find an employer.

“The criterion for issuing entry documents, in addition to knowledge of the language, will be the availability of a workplace. Accordingly, you need to look at specialized portals. For example, the website of the Federal Office for Employment.

In addition to the German labor exchange, where employers present their offers, you can pay attention to private firms that offer places for employment. That is, it is useful to study all the typical channels that a person uses when looking for a job – there is nothing new here. “

  • Is it possible to look for a job not remotely, but directly in Germany?

Yes, and this is one of the features of the law.

“Indeed, the applicant has the opportunity to come to Germany specifically for this. It is not yet clear how widely this norm will be used by the embassies. But formally, the law provides an opportunity to obtain a visa up to six months just to search for a vacancy.

Please note: under this law, you do not receive a tourist visa, but a national six-month visa, which gives you the right to enter Germany and look for a job here. ”

  • What is required to obtain such a visa?

Also confirm the professional education and the level of the language, as well as the availability of finances for the intended duration of stay.

“The skill level will be checked against the database. It is important that the applicant does not have to complete their studies in Germany. The minimum language level is still B1, but a higher one may be required for healthcare professionals.

The embassy and the local department for foreigners will check whether they have a job or an employment contract, have at least B1 language skills, and have health insurance. “

Summary. How to take advantage of the new law

Until the law really began to operate, and how everything will happen in practice, it is impossible to say. As a lawyer dealing with the employment of highly qualified specialists, I can only state that certain tools are emerging that the legislator has given into the hands of companies.

After all, we are dealing with an absolutely atypical form of cooperation between interested parties. The new law allows an employer to conclude contracts on behalf of his future employment with the Office for Foreigners, on the basis of which the Office undertakes to process all documents within a certain period. Accordingly, I see my function in ensuring that the applicant is correctly applied by the new legislation by the department.

Let’s say the function of a qualified lawyer is to speed up the process of obtaining a visa. We are dealing with a completely new law, and it is not obvious that all employees of departments will be able to work in accordance with it accurately from the first days.

By the way, my clients and I went this way in relation to highly qualified specialists, and, using my experience and professional capabilities, we accelerated the procedure. In addition, we can recommend our partners, from whom people with completed higher education can look for work in Germany. “

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