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Opportunity map for skilled immigration: Your lawyer in Cologne

Benefits in the right of residence

Skilled labor shortage in Germany and the federal government's response

Germany continues to face a significant shortage of skilled workers, exacerbated by demographic change and the exit of the baby boomer generation from the labor market. This shortage affects nearly all occupational groups and represents a growing obstacle to economic growth. To strengthen Germany as a job location and attract foreign skilled workers, the Federal Government has continuously developed the Skilled Immigration Act. Most recently, the Act on the Further Development of the Skilled Immigration Act was passed on June 23, 2023.

The stages of skilled immigration reform

The reform of the Skilled Immigration Act was implemented in several stages:

First stage (November 2023): Mainly facilitations for the EU Blue Card and already recognized skilled workers.
Second stage (March 2024): Easier access for skilled workers and workers with professional experience, as well as for trainees. Furthermore, the recognition of professional qualifications has been improved.
Third stage (June 2024): Introduction of additional regulations, in particular regarding the Opportunity Card, which has been fully in force since then.

What is the Opportunity Card?

The Opportunity Card is a residence permit that allows holders to seek employment qualifications or the recognition of foreign professional qualifications. It provides a residence permit for one year. If the job search leads to qualified employment, but not all the requirements for an employment permit under the Residence Act are yet met, the Opportunity Card can be extended for up to two years upon application to the Federal Employment Agency. If a permanent job is found within the year and the requirements for an employment permit are met, a residence permit to work in Germany can be obtained.

Requirements for acquiring the Opportunity Card

There are two main ways to acquire the Opportunity Card:

Already a specialist: Anyone with a recognized professional qualification or a comparable university degree is already considered a skilled worker and does not need to collect points in the points system. An application for the Opportunity Card can be submitted directly.
Non-professional: Anyone who is not a skilled worker must achieve at least 6 points in the points system, which takes into account aspects such as recognized professional qualifications, language skills and professional experience.

Secure livelihood as a mandatory requirement

A fundamental requirement for issuing the Opportunity Card is that the applicant's livelihood is secured without recourse to public funds. This requirement serves to prevent a burden on the public budget. The assessment is based on a forecast decision that evaluates the available resources in relation to the duration of the residence permit.

How are you classified as a skilled worker in terms of residence law?

A skilled worker within the meaning of the Residence Act is defined as someone who holds either a recognized professional qualification or a comparable university degree. Skilled workers with such qualifications can apply directly for the Opportunity Card without having to meet the points requirements.

Acquisition of the Opportunity Card without skilled worker status

For people who are not skilled workers, there are certain requirements to receive an Opportunity Card:

Proof of a foreign, state-recognized professional qualification or university degree.
Proof of language skills, either at level A1 in German or B2 in English.
Further points can be achieved through additional criteria such as professional experience, compliance with age limits and legal previous residence in Germany.

Further innovations through the Skilled Immigration Act

The Skilled Immigration Act not only introduced the Opportunity Card, but also provided a number of other relief measures:

EU Blue Card: Salary thresholds have been lowered and experience requirements have been reduced.
Western Balkans regulation: From June 2024, the Western Balkans regulation was made permanent and the quota was doubled to 50,000 people per year.
Facilitation of family reunification: Skilled workers can now also bring their parents and, under certain conditions, parents-in-law to Germany if they received their residence permit after March 1, 2024.

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Right of residence

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Sandra Zimmerling

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