Brain Gain - Highly skilled migrants and their access to the German labour marke

A person is considered highly skilled if he or she is a scientist with special technical knowledge or a teacher or scientist in prominent position. Specialists and executive personnel also may be regarded as highly skilled individuals if they receive a salary corresponding to at least twice the earnings ceiling of the statutory health insurance scheme, which is around € 4,000 per month.

 

The granting of a settlement permit for highly skilled individuals presupposes that the applicant has a concrete job offer and that the Federal Employment Agency (“Bundesagentur für Arbeit”) has given their approval. Family members of highly skilled foreigners will have the right to work in Germany as well, which should also facilitate the decision of highly skilled personnel to move to Germany.

 

In 2000, Germany made a first attempt to attract highly skilled migrants by introducing the so-called Green Card for IT experts. But, it has been criticised that IT-specialists had to leave after 5 years without any option to remain permanently. The former provision was aimed at avoiding negative the consequences of a “brain drain” by supporting the return of highly skilled professionals to their countries of origin. Since 2005, the green card regulation has been replaced by the new provision of the Residence Act. From now on, highly skilled immigration is not limited to special sectors and not limited in time. Certainly, this is an advantage for immigrants, their families and for Germany as a competitor for brainpower. On the other hand, the problem of permanent loss of skilled human capital in developing countries has not yet been solved.

 

In this context, the European Commission proposes in its Green Paper on Economic Immigration from January 2005 (KOM(2004) 811) to facilitate bank remittances or to compensate developing countries for the loss of human capital.

 

The series on German Immigration law is to be continued. Read our next articles on immigration prerequisites for self-employed foreigners and people who wish to come to Germany for educational purposes (students, vocational training).

 

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