What is the Western Balkans regulation?
The so-called "Western Balkans regulation" is a special regulation that gives nationals from six Western Balkan states simplified access to the German labour market. This regulation was first introduced in 2016 and has since made it easier for numerous people from the countries concerned to work in Germany. On 1 January 2021, a successor regulation came into force in accordance with Section 26 (2) of the Employment Ordinance (BeschV), which continues to allow privileged access to the German labour market. The regulation was extended and optimised due to the high demand and labour shortage in Germany.
The Western Balkans regulation is an important measure of German migration policy that serves to promote legal labour migration from the region and at the same time counteract the shortage of skilled workers in Germany.
Which countries are included in the Western Balkans regulation?
The regulation applies to nationals of the following six Western Balkan states:
- Albania
- Bosnia and Herzegovina
- Kosovo
- North Macedonia
- Montenegro
- Serbia
This regulation allows citizens from these countries to work in Germany regardless of their professional qualifications. Recognition of qualifications acquired abroad is not required, which makes access much easier. However, there are exceptions for regulated professions.
Employment opportunities and exceptions
In principle, the Western Balkans regulation is applicable to all types of employment in Germany. This means that people from the countries mentioned can work in all sectors without their professional qualifications having to be recognised. However, this does not apply to so-called "regulated professions", such as doctors, engineers or teachers. In these cases, formal recognition of professional qualifications acquired abroad is required before a work permit can be issued. There are various recognition programmes, such as the "Recognition Partnership", which are designed to facilitate the process.
The Western Balkans regulation is particularly attractive for low-skilled and unskilled labour, as no formal training qualifications or professional experience need to be proven.
Legal basis of the Western Balkans regulation
The legal basis for the Western Balkans regulation is Section 26 (2) of the Employment Ordinance (BeschV). This provision makes it possible to grant citizens of the Western Balkan states a temporary residence permit for gainful employment under certain conditions.
Another key element of the regulation is the Skilled Immigration Act, which came into force on 1 March 2020. This law expands the opportunities for labour migration to Germany for skilled and unskilled workers and reduces bureaucratic hurdles. The Western Balkans regulation supplements this law by enabling people from the region to enter and take up employment more easily.
Contingent admission: Maximum 50,000 visas per year
The Western Balkans regulation is subject to quotas. This means that only a limited number of people can benefit from this regulation each year. The Federal Employment Agency may issue up to 50,000 approvals for residence permits per year in accordance with legal requirements. This number is based on Section 26 (2) of the Employment Ordinance and serves to ensure orderly immigration and to avoid overloading the labour market in Germany.
As the demand for these residence permits is usually very high, it is recommended that you start the visa process early and keep an eye on the places available.
Pre-consent: faster to a visa
An important innovation to speed up the visa process is the possibility of so-called "pre-approval". This means that the employer in Germany obtains the approval of the Federal Employment Agency before the actual visa application is submitted. This pre-approval shortens the procedure considerably, as the applicant can already submit all the necessary documents when applying for the visa. Here is a link to the office responsible for obtaining advance approval: https://www.arbeitsagentur.de/unternehmen/arbeitskraefte/fachkraefte-ausland/westbalkanregelung
Pre-approval also eliminates the lottery procedure, which previously often led to long waiting times. Applicants therefore receive an appointment for a visa within a few weeks, which simplifies the entire process considerably.
Requirements for the Western Balkans regulation
Operational requirements
In order to benefit from the Western Balkans regulation, certain company and personal requirements must be met. The company requirements include
- The working conditions of the employees must correspond to those of a comparable German employee.
- There must be an employment contract or at least a binding job offer from the employer in Germany.
- The salary must be sufficient to cover the cost of living in Germany. This means that the salary must be in line with local and industry standards.
Personal requirements
The most important personal requirements are
- The applicant must be a national of one of the six Western Balkan countries.
- They must not have received any benefits under the German Asylum Seekers Benefits Act in the last 24 months.
- Special rules apply to employees over the age of 45: They must either receive a gross annual salary of at least 55 % of the annual contribution assessment ceiling for general pension insurance (2024: €49,830 per year) or provide proof of sufficient pension provision.
Visa application: Procedure and required documents
To apply for a visa under the Western Balkans regulation, the following steps must be followed:
- The employer must obtain prior approval from the Federal Employment Agency.
- The applicant must then make an appointment with the responsible service provider (VisaMetric) to submit the visa application.
- The applicant must submit all required documents, such as passport photos, passport, pre-consent and travel health insurance.
The important documents include
- A biometric passport that is valid for at least nine months.
- Two passport photos.
- A fully completed and printed visa application form.
- The prior approval of the Federal Employment Agency.
Depending on the individual case, additional documents may be required, for example proof of pension provision for applicants over the age of 45.
Processing time of the visa application
The processing time for the visa application varies and depends on various factors. As a rule, the process takes several weeks to months, as domestic German authorities are also involved. The processing time can be longer, especially for applicants who have previously worked or lived in Germany. It is recommended to start the application early and to refrain from making status enquiries in the first three months after submitting the application.
Example: A construction worker from Kosovo comes to Germany
To better understand how the Western Balkans regulation works, let's look at a practical example:
A construction worker called Arben from Kosovo wants to work in Germany. He has heard about the Western Balkans regulation and wants to use this opportunity to find a legal job. Here are the steps Arben needs to take:
- Get a job offer
Arben starts by looking for a potential employer in Germany who is willing to take him on. He contacts a construction company that is desperately looking for construction workers. After a few interviews, Arben receives a binding job offer. The employer issues him with a "declaration of employment" documenting the job offer. - Prior consent of the employer
The German employer applies to the Federal Employment Agency for pre-approval for Arben. This approval is necessary to ensure that the working conditions and salary meet the legal requirements and that no prioritised employees (e.g. German citizens) are available for the position. Once the Federal Employment Agency has given its approval, it is forwarded to Arben. - Apply for a visa
With the pre-approval in hand, Arben can now make an appointment with the official visa service provider (VisaMetric) to apply for the national visa. He brings all the necessary documents with him to this appointment: Passport, passport photos, his employer's job offer, pre-approval from the Federal Employment Agency and travel health insurance. - Issuing visas and travelling to Germany
Once the visa application has been submitted, it is processed by the German embassy. If all the requirements are met, Arben receives the visa and can travel to Germany. This can take several weeks, but as his employer has applied for pre-approval, the process is considerably speeded up. - Taking up employment in Germany
Arben travelled to Germany with his valid visa and all the necessary documents. He starts work as a construction worker at the construction company and works there under the same conditions as his German colleagues.
This example shows how easily and quickly the Western Balkans regulation can be applied in practice to integrate workers from the Western Balkans, such as Arben, into the German labour market.
