Das Auswahlverfahren für die Einwanderung von Fachkräften nach dem neuen Fachkräfteeinwanderungsgesetz – eine kritische Analyse

Abstract

The article deals with the Skilled Immigration Act (Fachkräfteeinwanderungsgesetz) which was approved in the Bundestag on June 7 in 2019, with a particular focus on the selection procedure for the immigration of skilled workers. First, it addresses the aims of the law, the essential new regulations and their addressees, as well as the reform proposals discussed so far at national and European level. Second, it critically examines the selection process, both in terms of the requirements and the legal consequences, and then takes a closer look at some of the differences in law between academics and non-academics. The article concludes with observations on labor migration in the context of a human right to work which is guaranteed in a non-discriminatory manner.