Act Germany: New Immigration Laws Simplify Work and Residency for Foreigners

The new immigration law in Germany, adopted by the Bundestag, aims to attract more migrant workers from non-EU countries. One of the most notable changes allows foreigners on tourist visas to work without unnecessary formalities, provided they have appropriate qualifications. Skilled workers can enter Germany using a “chance map” system, which permits them to stay and look for work for up to a year, working part-time. The Blue Card requirements have been simplified, including a reduced salary threshold and delayed diploma confirmation. These legislative changes address Germany’s significant labour shortage by making it easier for qualified professionals to work and reside in the country.

The “chance map” system allows skilled workers from non-EU countries to enter Germany even if they haven’t secured a job yet. It evaluates candidates based on a points system that considers factors such as their specialty, work experience, age, family potential, language proficiency, and connections to Germany. Selected candidates can stay for up to a year, working part-time while seeking full-time employment. If successful, the “chance map” can be renewed for another two years. This system aims to attract promising candidates, easing their transition into the German workforce and addressing the country’s labour market needs.

The requirements for obtaining a Blue Card in Germany have been simplified to attract more highly qualified workers. The salary threshold has been lowered to 3,500 euros per month, making it more accessible to professionals. Additionally, diploma confirmation can be completed after arriving in Germany, allowing quicker entry into the workforce. Blue Card holders can bring their children and elderly parents, provided their income can support them. These changes aim to make Germany more attractive to international talent, helping to fill critical gaps in the labour market.

The German Supply Chain Due Diligence Act (LkSG) mandates that companies with their main business in Germany and at least 3,000 employees (1,000 from January 2024) disclose their due diligence activities. The act focuses on preventing human rights violations and environmental damage within their operations and supply chains. Companies must conduct annual risk analyses and address identified issues. Non-compliance can result in fines of up to 2% of annual turnover. The law also indirectly affects thousands of suppliers, ensuring widespread adherence to ethical and environmental standards.

Germany has eased immigration conditions for qualified specialists to address labour shortages. The required salary level for a long-term residence permit has been reduced from 66,000 to 44,800 euros annually, with certain professions like engineers, programmers, and doctors requiring just 34,200 euros. Additionally, a new visa type allows foreign citizens to stay in Germany for six months to seek employment, provided they have a relevant diploma and sufficient funds. These measures are designed to make it easier for skilled professionals to enter and integrate into the German workforce.

The new laws expand opportunities for university students in Germany to earn extra money, which can serve as an additional basis for a residence permit. Graduates from German universities are now allowed to stay for up to one and a half years to find employment, enhancing their chances of securing a job. These changes aim to support students financially, integrate them into the workforce, and retain talented individuals who have completed their education in Germany.

Companies that fail to comply with the German Supply Chain Due Diligence Act (LkSG) face significant penalties, including fines up to 2% of their annual turnover. The law requires companies to conduct regular risk analyses and take measures to prevent human rights violations and environmental damage. The German government agency BAFA oversees the implementation of LkSG, providing guidelines and strategies to help companies adhere to the regulations. These strict penalties ensure that companies take their due diligence responsibilities seriously.

Besides the immigration and due diligence acts, several other key legislative updates in Germany include the Data Protection Act, Environmental Act, Business Act, Healthcare Act, Education Act, Social Security Act, Labour Regulation, and Digital Transformation Act. These laws cover various aspects of business and social governance, ensuring comprehensive regulatory compliance across multiple sectors. Each act aims to address specific challenges and improve overall standards in areas such as data protection, environmental conservation, business practices, healthcare, education, social security, labour laws, and digital innovation.

The new German legislation, including the Environmental Act and the Supply Chain Due Diligence Act (LkSG), places significant responsibilities on companies to prevent environmental damage. Companies must conduct regular risk analyses and implement measures to mitigate negative environmental impacts within their operations and supply chains. Non-compliance can result in substantial fines. These regulations ensure that businesses actively contribute to environmental conservation and adhere to high standards of ecological responsibility.

The new requirements for foreign professionals seeking long-term residence in Germany have been relaxed. The salary level needed for a long-term residence permit has been reduced, and specific professions like engineers, programmers, and doctors have lower thresholds. Additionally, a special employment visa allows foreign citizens to stay for six months to look for work, provided they have an educational diploma and sufficient funds. Preference is given to those who speak German, and graduates from German universities can stay for an extended period to find employment. These changes aim to attract and retain skilled professionals, addressing labour shortages in key sectors.