3. Residence permit for the employment of certain nationals

Another important distinction regarding nationality arises from Section 26 of the Employment Ordinance (BeschV ). For regular labor migration to Germany, a recognized vocational training or a recognized university degree is generally required (with some exceptions) (Section 18 Paragraph 3 of the Residence Act (AufenthG); see Skilled Immigration ). This qualification requirement forms the core of skilled immigration and is intended to ensure that foreign workers meet German standards. However, Section 26 of the Employment Ordinance (BeschV) provides an important exception: Certain nationals – particularly from selected third countries with close economic ties to Germany – can also be employed without formally recognized qualifications . This significantly facilitates access to the German labor market and considerably accelerates the process for obtaining a residence permit, as the recognition test is waived. Additionally, Section 26 of the Employment Ordinance stipulates that the work permit can be granted regardless of the employer's location . While a domestic employment relationship is actually required for a work visa, according to § 26 BeschV privileged nationals can work for a foreign employer in Germany (e.g. remotely or as part of a secondment).

Despite this preferential treatment, even the favored nationals are not entirely exempt from labor market regulations. In many cases, a priority check must still be carried out to verify whether there are any eligible applicants from Germany or the EU. Likewise, the approval of the Federal Employment Agency remains required, and minimum working conditions, such as a market-rate salary , apply to prevent exploitation. Section 26 of the Employment Ordinance (BeschV) thus creates a practical middle ground: it makes it easier for companies to recruit workers from certain countries without abandoning key protective mechanisms of the German labor market.