Skills shortage as a starting point

The shortage of qualified workers has been a major challenge for the German economy for years. Many companies cannot find enough suitable personnel in Germany or within the European Union. Against this backdrop, the legislator has specifically developed the right of residence in order to attract skilled workers from so-called third countries to the German labor market.

The amendments to the Residence Act (AufenthG) have made it easier for foreign workers to enter the country without sacrificing the protection of working conditions. The aim is to make Germany more attractive for both employers and skilled workers from abroad.

Who is legally considered a specialist?

The legal definition of a “skilled worker” forms an important basis. This includes people with recognized vocational training or a university degree that was either obtained in Germany or recognized as equivalent. The decisive factor here is always that the qualification matches the specific job.

In practice, this means that a company can hire a foreign skilled worker if they have the necessary skills for the intended position and the formal requirements are met. As a rule, this includes a concrete job offer, a valid residence permit and – depending on the case – the approval of the employment services.

Easier recruitment of foreign skilled workers

The reform brings tangible benefits for companies. Of particular importance is the elimination of the so-called priority check in many cases. This means that employers no longer have to prove that no suitable applicants from Germany or the EU are available. This speeds up procedures considerably and reduces bureaucracy.

The possibilities in the IT sector have also been expanded. Under certain conditions, practical work experience can be sufficient, even if no formal qualification is available. This opens up new applicant groups for companies.

Another important point is the accelerated skilled worker procedure: Employers can actively participate in the visa process, which can significantly shorten the duration of the procedures. This provides more planning security and makes German companies more attractive in the international competition for talent.

New information obligation for employers from 2026

In addition to the simplifications, the legislator has also introduced new obligations. Since January 1, 2026, employers have had to inform foreign employees about an advisory service. The basis for this is Section 45c AufenthG, which supplements the existing protection of EU citizens under Section 33 of the Posted Workers Act (Aent).

Specifically, this applies to third-country nationals who are still abroad at the time the employment contract is concluded. Employers based in Germany are therefore obliged to draw attention to the “Fair Integration” advice service and provide the contact details of a suitable advice center. An overview of the advice centers is available at: www.faire-integration.de.

This information must be provided at the latest at the start of the job and should be documented for verification purposes. In practice, it is advisable to integrate such information into the recruitment process in a standardized manner.

What does that mean in concrete terms?

The employer must inform the new employee in text form (e.g. by email) on the first day of work at the latest that they can seek advice on employment and social law issues. This includes, for example, topics such as

• Employment contract
• Salary
• Working hours
• Vacation
• Termination or warning

Which cases are excluded from the provisions of Section 45c AufenthG?

The duty to inform does not apply in all constellations. In particular, employment relationships established before January 1, 2026 are exempt. The regulation also does not apply to employees from EU, EEA states or Switzerland.

Third-country nationals are also not covered if they are already in Germany or have their place of residence here at the time the contract is concluded. The same applies to persons who work for a German company in or from abroad without actually exercising their employment in Germany.

Furthermore, the obligation to provide information does not apply if the recruitment takes place as part of a cross-border job placement. In these cases, the intermediary is already obliged to inform the employee of the relevant advisory services before the employment contract is concluded, meaning that the employer no longer has to take action in this respect.

What specifically should employers bear in mind?

In order to implement the new legal requirements in a legally compliant and efficient manner, it is advisable to establish clear internal processes. For example, it can be useful to create a standardized information letter in which the relevant advice and support services are clearly summarized.

In addition, employers should identify the relevant advice center of the “Fair Integration” program and add the relevant contact details individually for the respective employee. As a rule, the proximity to the future workplace is decisive here.

Last but not least, documentation plays a decisive role: employers should keep a clear record of when and in what form the information was provided. Confirmation of receipt by the employee or a corresponding filing in the personnel file can be of great importance in the event of a dispute.

Further employer obligations

Irrespective of the new regulations, traditional employer obligations continue to apply in connection with foreign employees. These include, in particular, the obligation to check whether a valid residence permit allowing the specific activity is available before taking up employment.

In addition, employers must keep certain documents during employment and are obliged to report the end of the employment relationship to the responsible immigration authority. These obligations to cooperate should be taken seriously, as violations can have legal consequences.

Recommendation for action

Skilled worker immigration law offers companies a real opportunity to actively counter the shortage of skilled workers. At the same time, however, the legal requirements are increasing, particularly due to new information obligations and existing duties to cooperate. Those who get to grips with the regulations early on and adapt internal processes can make the most of the benefits and avoid legal risks.