Germany suffers from an acute shortage of skilled workers due to demographic change and the baby boomer generation entering retirement age. The lack of qualified personnel is occurring in almost all occupational groups, thus increasingly depriving the economy of opportunities for an upswing. To make Germany a more attractive location, the government is taking certain measures to reduce the barriers to immigration from abroad and thus promote skilled worker immigration. Therefore, on 23 June 2023, the “Law on the further Development of Skilled Worker Immigration” was passed in Germany.
The law consists of three levels of regulation: The first level entered into force in November of 2023 simplifying the criteria for the Blue Card EU. The second level became effective in March of 2024 facilitating access to the German job market for skilled workers from non-EU countries and easier recognition of foreign professional qualifications. The third level became effective on 1 June 2024 containing new regulations concerning the Opportunity Card.
What is the Opportunity Card?
The Opportunity Card is a residence permit for the purpose of seeking a gainful employment qualification or seeking measures for the recognition of foreign professional qualifications. Thus, the Opportunity Card enables its holder to live in Germany for one year in order to find a job.
If the job search leads to a relevant job but not all the other requirements for obtaining a permanent residence permit are met, the Opportunity Card may be extended by another two years upon approval by the Bundesagentur für Arbeit (the Federal Employment Agency of Germany). If the permit holder has found a permanent position within the year and they meet the other requirements for obtaining a permanent residence permit in accordance with Sections 18-21 of the German Residence Act (AufenthG), they can obtain a corresponding permanent residence permit.
During the Opportunity Card residence permit period, the Opportunity Card allows the permit holder the possibility of taking up a part-time job for a maximum of 20 hours per week or a trial job.
Acquiring the Opportunity Card: What requirements must be met?
The criteria you need to fulfill in order to get an Opportunity Card differ, depending on whether or not you already are a skilled worker. However, one requirement is mandatory for both options: a secure livelihood.
Mandatory Requirement: Secure Livelihood
When applying for the Opportunity Card, your livelihood needs to be secured, Section 5 (1) AufenthG. This requirement is deemed to be met when you need no recourse to public resources (according to Section 2 (3) AufenthG). This mandatory requirement is in place to shield the public budget from any new burdens. This prerequisite is checked through a forecast decision based on the available funds concerning the intended period of validity of the temporary residence permit, i.e., a maximum of one year in the case of the Opportunity Card. The decisive factor is whether there is an entitlement to social benefits, not whether the applicant is claiming social benefits.
Which Requirements Have to Be Met to Be Classified as a Skilled Worker?
A skilled worker within the meaning of the German Residence Act is anyone who either has a professional qualification that is considered equivalent to a domestic qualified professional training (skilled worker with professional training) or has a university degree that is comparable to a German university degree (skilled worker with academic training), Section 18 (3) AufenthG. Those who fulfil this requirement no longer have to show points according to the points system but can apply directly for an Opportunity Card.
Which Requirements Have to Be Met to Obtain the Opportunity Card Without Being a Skilled Worker?
Applicants who are not a skilled worker in accordance with the German Residence Act can obtain an Opportunity Card as follows:
- They can prove a foreign professional qualification or degree. Both need to be officially recognized in the issuing country (not in Germany though).
- They can prove basic German skills (A1 level) or good language skills in English (B2 level).
Once both of those entry requirements are met, the applicants have several possibilities of accumulating points. Those who can prove 6 points can apply for an Opportunity Card.
In the points system points are awarded for different criteria such as
- professional qualification in one of the so-called shortage occupations,
- German and/or English language skills,
- previous work experience in the relevant field of study,
- meeting the age limits,
- previous period of legal residence in Germany,
- living with a partner, who is also eligible for and applied for the Opportunity Card.
Because none of the criteria are allotted 6 points on their own, a few of them must be met to be eligible to apply for the Opportunity Card.
The Skilled Immigration Act: Further innovations
The introduction of the Opportunity Card has not been the only innovation brought about by the Skilled Immigration Act. Some other regulatory facilitations include:
- The salary threshold and the duration of professional experience for obtaining the Blue Card EU have been reduced.
- The time limit on the regulation concerning the Western Balkans has been lifted on 1 June 2024. Furthermore, its quota has been doubled to 50,000. The regulation facilitates the entry of nationals from Albania, Bosnia-Herzegovina, Kosovo, Northern Macedonia, Montenegro and Serbia to the German job market. If they can demonstrate that they have a firm job offer or contract of employment, they can enter the German job market regardless of their qualifications.
- In connection to the Opportunity Card, family reunification has also been simplified. It is now possible for skilled workers to bring their spouses and minor children without having to prove sufficient living space anymore.
- Furthermore, skilled workers may now also bring their parents and parents-in-law to Germany, if their spouse also holds a German residence permit that was issued on 1 March 2024 or after.
