Qualification as a key criterion? An analysis of Germany’s labour migration policy

Abstract In Germany’s labour migration discourse the notion of skilled workers is pervasive, as evidenced by the title of the 2020 Skilled Immigration Act and its extension in 2023, framing migration primarily in terms of migrants’ qualifications and labour-market relevant skills. This article analyses the significance of this qualification criterion which is expressed in German migration law by the requirement for third-country nationals to hold a formal qualification recognised in Germany, in order to obtain residence and work permits. Therefore, it highlights a selectivity mechanism in migration policy within broader debates on how to analyse the functioning of selective systems – moving beyond a purely economic framing of demand- and supply-driven models. It does so by first analysing the development of German migration policy based on bilateral agreements towards a qualification-based policy, which has opened up to non-academically trained workers, particularly in recent years, and by secondly examining migration channels that do not require formally recognised qualification. The analysis shows that while formal qualifications remain a central criterion in German labour migration policy, a significant share of labour migration from third countries – understood as migration for the legal purpose of employment – occurs through pathways that waive this criterion. The one-sided focus on skilled labour immigration therefore does not reflect the complex reality of migration to Germany.