Key issues in the legal and administrative framework

This chapter reviews how policy choices affect access to, and use of, the labour migration channel, and whether the current policy is capable of meeting current and emerging needs. Germany applies a wide range of criteria in evaluating applicants, many of which overlap, but which allow, in principle, most qualified jobs to be filled by applicants with recognised tertiary qualifications. Processing is complex due to the many actors involved, and although it has been simplified recently for many categories of applicant, it lacks transparency for applicants and employers. Nonetheless, compared with other OECD countries, it is rapid and inexpensive. The system imposes numerous criteria by occupation and salary. A labour market test has been blamed for discouraging application, yet it has usually been quick and rarely leads to refusal. Salary thresholds introduced with the EU Blue Card may unintentionally penalise younger workers and women. Some mechanisms, such as the shortage list, could be used for opening channels to medium-skilled migrants, for which few options currently exist. Language, the main skill required by employers, is not a feature in admission of labour migrants, although it does affect their later residence pathway.