Immigration to Germany to take up employment: Western Balkans regulation and Skilled Labour Immigration Act
Germany offers various opportunities for immigration to take up employment, in particular within the framework of the Western Balkans regulation and the Skilled Labour Immigration Act. These regulations are aimed at workers from abroad and aim to combat the shortage of skilled labour in Germany. The most important entry options and the legal basis are described in detail below.
1. employment within the framework of the Western Balkans regulation
For nationals from certain Western Balkan states - in particular Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro and Serbia - there is the possibility to use the so-called Western Balkans regulation (Section 26 (2) of the Employment Ordinance, BeschV) to enter Germany in order to take up employment. This regulation was originally introduced in 2016 and extended until 2023. It makes it possible to work in Germany regardless of whether you have qualified vocational training or a recognised foreign qualification.
The Western Balkans regulation has focussed primarily on the following working groups:
Skilled workers in skilled tradesSome Western Balkan migrants also work as Craftsman (e.g. as plumbers, welders or electricians), but often in positions that are below their formal qualification level, as the qualifications they acquired in their home country are not always fully recognised:
Skilled workers without a recognised qualification: Particularly strongly represented are Construction worker, Craftsman and Labourer in sectors such as construction, logistics or manufacturing, where no specific qualifications need to be recognised.
Low-skilled labour force: Many employees come to work in Auxiliary activities used, especially in the Agriculture, in the Hospitality industrythe Logistics and in the Nursing.
- Employment contract or binding job offerIn order to obtain approval from the Federal Employment Agency, you must submit a binding offer or an employment contract. Employment can take place in any sector.
- Priority checkA priority check by the Federal Employment Agency is required, i.e. it is checked whether German or EU workers are primarily available for the position in question.
- No recognition of qualification requiredMost professions do not require the qualification to be recognised, except for regulated professions such as doctors, where special qualification requirements apply.
This regulation is particularly attractive for workers who want to work in professions where formal qualifications are not a prerequisite, such as construction, catering or agriculture.
2. employment as a skilled worker within the framework of the Skilled Labour Immigration Act
The Skilled Labour Immigration Actwhich came into force on 1 March 2020, has expanded the framework for the immigration of qualified workers from non-EU countries. The aim of the law is to facilitate access to the German labour market for qualified skilled workers and thus counteract the shortage of skilled workers in various sectors. The most important requirements for entry as a skilled worker are
- Job offerTo apply for a visa to work as a skilled worker, you need a concrete offer of employment in Germany. This must be a job that corresponds to your qualifications.
- Recognition of the qualificationA key point is proof that your foreign professional qualification is either recognised in Germany or is comparable to a German qualification. This applies to both regulated professions (e.g. doctors, engineers) and non-regulated professions.
The legal basis for the recognition of qualifications is provided by the Recognition Act (AnerkG).
2.1 Entry for the recognition of foreign qualifications
If your qualification has not been fully recognised, you have the option of travelling to Germany in order to Qualification measures to complete. The aim of these measures is to achieve full recognition of your qualification. To do this, you will need a visa for the recognition of foreign professional qualifications, which is issued on the basis of § 16d of the Residence Act (AufenthG) can be applied for. This enables you to complete the necessary adaptation qualifications or examinations in Germany in order to obtain full recognition.
From the 1 March 2024 a new regulation comes into force: the Recognition partnership. This offers a flexible solution for qualified workers who wish to work in Germany but whose qualifications have not yet been fully recognised. This regulation makes it possible to obtain a residence permit for qualified employment while going through the recognition procedure in Germany. The basis for this regulation is the newly inserted § 18d in the Residence Act. Further information can be found on the portal "Make it in Germany".
2.2 Entering the country to look for a job
In addition to entering the country to take up work directly, it is also possible to enter the country to Job search to come to Germany. The Skilled Labour Immigration Act enables skilled workers to obtain a visa to look for work under certain conditions. From the 1 June 2024 the Opportunity card visa which offers an innovative way to search for a job in Germany. It is based on a points system that takes into account criteria such as qualifications, professional experience, language skills and connection to Germany.
The legal basis for this visa regulation is set out in the § Section 20 of the Residence Act anchored. To apply for this visa, you can either contact the relevant German diplomatic mission or, if you are already in Germany, the local immigration authority.
Accelerated Skilled Worker Process
Another way to speed up the process of taking up employment is the Accelerated skilled labour procedureswhich was introduced in 2020. This procedure enables the future employer to speed up the entry procedure for the foreign employee for a fee. The procedure is characterised by shorter processing times for the authorities involved, including the visa offices. However, it is important to note that the Western Balkans regulation cannot be combined with this procedure.
The legal basis for the accelerated skilled labour procedure is set out in the § Section 81a of the Residence Act defined.
