Accelerated skilled worker procedure: Employers can now certify authorization instead of submitting a power of attorney.

The accelerated skilled worker procedure was intended to simplify the path to Germany, but bureaucratic hurdles and formal uncertainties have repeatedly slowed down the process in the past. With the recent amendments to the Residence Act, the legislature has now made two crucial adjustments: firstly, regarding the requirement to provide proof of authorization in the accelerated procedure according to Section 81a of the Residence Act, and secondly, regarding the residence periods after termination of employment according to Section 18 of the Residence Act. While some voices in practice are already expressing concerns about potential abuse, our daily work at our firm paints a different picture: the changes offer tangible strategic advantages, but if not applied correctly, they still present legal pitfalls with immigration authorities and embassies abroad.

What changes regarding the authorization process in the accelerated skilled worker procedure according to § 81a of the Residence Act?

Previously, immigration authorities required the submission of an original or duly valid written power of attorney signed by the foreign employee to initiate the accelerated skilled worker procedure under Section 81a of the Residence Act. According to Section 81a, Paragraph 1, No. 2 of the Residence Act (new version), a simple declaration from the employer that they have been authorized by the foreign skilled worker and are also entitled to grant sub-powers of attorney is now sufficient.

This simplification saves valuable days in the recruitment process, especially when applicants from third countries such as the USA , Great Britain , or Canada are involved, and postal document submissions artificially delay procedures. While experts are debating whether the risk of abuse increases with the elimination of the requirement to submit documents, our legal practice refutes this concern: What legitimate economic interest could a reputable employer have in pursuing a complex bureaucratic process without the employee 's knowledge ? The real danger lies in the fact that some immigration authorities, unaware of the new legal situation, will continue to stubbornly insist on the physical submission of the power of attorney. This is where our firm comes in, to immediately reduce the administrative burden to the legally prescribed minimum.

Sub-authorizations to agencies: What legal limits apply despite the relaxation of regulations?

Many companies outsource the operational processing of visa applications to external relocation agencies or headhunters. The new regulation clarifies that the employer's insurance can also include the authority to grant sub-authorizations. Nevertheless, this lulls many employers into a false sense of security.

In practice, we regularly observe that immigration authorities do not consistently monitor compliance with the Legal Services Act (Section 3 RDG) and accept applications from non-legal service providers without question. However, when a procedure becomes complex—for example, because the Federal Employment Agency refuses approval under Section 39 of the Residence Act or doubts arise regarding the recognition of qualifications—purely service-based providers reach their legal limits. A mere power of attorney does not replace qualified legal advice. We therefore strongly advise employers not to grant sub-powers of attorney to purely agency-based entities without careful consideration, but rather to ensure seamless legal support from the outset in order to avoid time-consuming procedural delays.

What rules apply to foreign skilled workers in the event of termination of employment pursuant to Section 18 Paragraph 5 of the Residence Act?

For highly qualified employees and expats, the newly inserted Section 18 Paragraph 5 of the Residence Act (AufenthG) brings a significant improvement in legal certainty. If the employment relationship is terminated prematurely and the immigration authorities are duly informed (Section 82 Paragraph 6 Sentence 1 AufenthG), authorities were previously often permitted to significantly shorten the validity period of the residence permit at their discretion, pursuant to Section 7 Paragraph 2 Sentence 2 AufenthG.

The new regulations set clear limits to this situation: From the end of employment, the remaining validity period of the residence permit must be at least six months. If there is sufficient evidence that the skilled worker has experienced particularly exploitative working conditions, the minimum period is even nine months (§ 18 para. 5 sentence 2 of the German Residence Act). It is important to note that this statutory protection period may not exceed the original validity period of the visa (§ 18 para. 5 sentence 3 of the German Residence Act). For international skilled workers , this means a realistic time buffer to seek suitable subsequent employment in Germany without the immediate pressure of a threatened deportation order.

Conclusion: How employers and skilled workers can best utilize the new regulations

The new legal regulations in Sections 81a and 18 of the German Residence Act (AufenthG) strengthen both the efficiency of recruitment and the protection status of international skilled workers . While companies save time through the simplified authorization process, employees gain essential planning security in the event of job loss. Nevertheless, the reality for authorities is that legal changes are often implemented with delays or incorrectly on the ground. As a specialized law firm, we are at your side to ensure your procedures are legally sound, to defend against errors by authorities, and to provide long-term security for your stay or recruitment efforts.