Germany is facing the prospects of a shortfall of skilled workers who have completed their professional training. One of the most serious economic- and labour-policy challenges over the next few years will then be to ensure an adequate supply of skilled workers. If Germany cannot attract some of the specialists it needs from abroad this will not be possible.

The German government has now revised the Employment Ordinance as it applies to citizens of non-EU member states, thus making it easier to attract qualified individuals to Germany. The Ordinance has been passed by the Bundesrat or second chamber of the German parliament, and will come into force on 1 July 2013.

Skilled workers from non-EU states welcome

In Germany it is not only graduates who are in short supply; the country is facing a worsening shortfall of fully qualified skilled workers, and not only in the caring professions. Technical and industrial specialists too are increasingly scarce. Vacancies are proving more and more difficult to fill. There is a call for train drivers, for instance, as well as plumbers and utility specialists. The Federal Employment Agency regularly compiles a list of the occupations in which there is an urgent need for skilled workers. Special attention is paid to the regional labour market.

Since August 2012 university graduates from non-EU member states have been able to apply for the European Union Blue Card. Skilled workers (fully qualified specialists without a university degree) from non-EU member states have hitherto found it almost impossible to work in Germany though. The caring professions have been an exception: individuals with pertinent qualifications may be employed in Germany provided the Federal Employment Agency has reached an agreement on placement with the counterpart authority in the country of origin of the worker.

Access to the labour and training market is now also to be facilitated for asylum-seekers. To date they have required the approval of the Federal Employment Agency before beginning training after one year residency or taking up employment after four years residency. In future this approval will no longer be required.

Clear regulations governing the immigration of skilled workers

Within the European Union, every citizen has unrestricted access to the German labour market. The new Employment Ordinance now opens the labour market to skilled workers from non-EU member states.

"The new Ordinance throws 40 per cent of the old provisions overboard and opens the gates wide for the skilled workers needed to bring the country forward. The new regulations make it quite clear which professions are currently needed," said Federal Labour Minister Ursula von der Leyen.

This is how the new Employment Ordinance works:

• Individuals who would like to work in Germany, must have their qualifications vetted to see whether they are of equivalent value to German vocational qualifications. The Law on the Recognition of Foreign Qualifications of April 2012 lays down the criteria and deadlines. The procedures can all be followed from their country of origin.
• There must be a demand for these qualifications on the labour market, as identified by the Federal Employment Agency The list of occupations with a need for more skilled workers will be drawn up on the basis of labour market statistics. Various factors will be taken into account by occupation, branch and region. These will include the ratio of job-seekers to vacancies, the length of time elapsing between the announcement of vacancies and filling the posts, the number of trainees and the number of workers expected to retire.

Initial successes tangible

The Coalition Agreement between the Christian Democratic Union (CDU)/Christian Social Union (CSU) and the Free Democratic Party (FDP) laid out the intention of the government to make it easier for qualified individuals to emigrate to Germany. It aims to cut through red tape. Highly qualified specialists and skilled workers are to be given access to the German labour market in line with demand on the labour market.

Criteria are to be clear and transparent, including demand for the profession in question, and the qualifications and ability of the individual to integrate into German society. This was the background to the Skilled Worker Strategy adopted by the German government in June 2011.

The first progress report on this strategy was published in January 2013 and indicates initial positive results: about 42 million people are gainfully employed in Germany, which is an all-time high. More people are emigrating to Germany than are leaving the country. In 2010 128,000 more people arrived in Germany than left the country. By 2012 the figure was 340,000. A good forty per cent of immigrants are university graduates.

The legal basis governing the immigration to Germany of qualified foreigners has been much improved thanks to the Law on the Recognition of Vocational Qualifications and the EU Blue Card. The revised Employment Ordinance is another component.

Interested individuals can find out more online where information forums have been set up. These include the  Make it in Germany forum, which offers information in both English and German.