Administrative practice LEA: Changing lanes in § 19c becomes more difficult

For years, it was one of the more reliable pathways in Berlin's immigration law: Anyone living and working in Germany with a residence permit for another reason – even in jobs without special qualifications – could relatively easily switch to a residence permit for employment under Section 19c of the German Residence Act (AufenthG ) at the State Office for Immigration ( LEA ). This pathway is no longer as reliable as it once was. Our ongoing cases and professional discussions since summer 2026 have revealed a clear picture: The LEA now scrutinizes applications for a change of status under Section 19c of the Residence Act for unskilled employment much more rigorously – and some applications remain undecided for months. We explain what has changed, who is affected, and what strategies are now advisable.

What does Section 19c of the Residence Act actually regulate?

Section 19c of the German Residence Act (AufenthG) is the catch-all provision for employment that does not fall under the standard qualifications for skilled workers according to Sections 18a and 18b of the Residence Act or the EU Blue Card (Section 18g of the Residence Act). According to paragraph 1, a residence permit can be granted regardless of qualifications as a skilled worker if the Employment Ordinance (BeschV) or an international agreement stipulates that the employment may be permitted. Paragraph 3 allows for its granting in justified individual cases if there is a public interest, in particular a regional, economic, or labor market policy interest.

The crucial word is "may." Both options are discretionary regulations – there is no legal entitlement to a residence permit . In addition, the general requirements for granting a residence permit under Section 5 of the Residence Act must be met, most notably a secure livelihood , a valid passport , and adequate health insurance .

What was the LEA's previous practice?

For a long time, Section 19c Paragraph 1 of the Residence Act (AufenthG) in conjunction with Section 9 of the Employment Ordinance (BeschV) was a popular tool. Section 9 of the Employment Ordinance makes the approval of the Federal Employment Agency unnecessary if someone has already been legally employed and subject to compulsory insurance in Germany for two years or has been legally, tolerated, or permitted to reside here continuously for three years. Based on this, the responsible departments of the State Reception Center ( LEA) facilitated the switch to Section 19c of the Residence Act in many cases. This applied, for example, to holders of a residence permit under Section 38a of the Residence Act, i.e., persons with long-term residence rights in another EU member state whose permits could no longer be extended in Italy or Spain. Third-country nationals who had fled Ukraine and possessed permanent residence rights there were sometimes even offered the switch from Section 24 of the Residence Act proactively.

This generous approach was based on the procedural guidelines of the Berlin Immigration Office (VAB). Until the version dated June 13, 2024, these guidelines stated, citing the Federal Administrative Court (BVerwG, judgment of August 21, 2018 – 1 C 22.17), that Section 9 of the Employment Ordinance (BeschV) only covered the consolidation of access to the labor market granted by official authorization. Those who were already legally permitted to work – as in the case of family reunification – could not rely on Section 9 of the Employment Ordinance. This passage was omitted from the VAB version of July 16, 2024, presumably in light of a decision by the Higher Administrative Court of Berlin-Brandenburg (decision of May 17, 2022 – 3 S 9/22). Thus, the door remained wide open for approximately two years.

What has changed in the summer of 2026?

Since the VAB version of June 12, 2026, a new, brief note has appeared in the same place: Section 9 of the Employment Ordinance (BeschV) only regulates in which cases a residence permit can be granted without the consent of the Federal Employment Agency, but not the legal requirements for residency. If the requirements of Section 9 of the Employment Ordinance are met, this does not automatically create an independent entitlement to a residence permit. This is likely due to a recent preliminary ruling by the Higher Administrative Court of Berlin-Brandenburg from May 2026.

In practical terms, this means that Section 9 of the Employment Ordinance (BeschV) is no longer a free pass for the State Office for Immigration ( LEA) , but merely one component of its remit. The authority now examines each case individually to determine whether the specific employment can actually be permitted under the Employment Ordinance or an international agreement, or whether there is a public interest as defined in Section 19c Paragraph 3 of the Residence Act (AufenthG). This proof is rarely successful for positions such as service staff, kitchen assistants, or warehouse workers. Legally, this stricter approach is quite justifiable – nevertheless, it represents a significant restriction for those affected.

Who is particularly affected by the new practice?

According to our observations, those most affected are holders of a residence permit under Section 38a of the German Residence Act (AufenthG) whose permanent residence status in the first member state is revoked or can no longer be proven. This includes a considerable number of British and US citizens who lived in Spain or Italy for a long time before moving to Berlin. Also affected are spouses whose purpose of residence ceased to exist due to separation before an independent right of residence under Section 31 of the German Residence Act (AufenthG) could arise.

The second large group consists of third-country nationals with a residence permit under Section 24 of the German Residence Act (AufenthG). Because Section 24 of the Residence Act already permits employment, the State Office for Immigration (LEA) apparently sees no urgent need for action and, according to our information, postpones such applications – also citing its own workload. Applications that have been unprocessed for six months or longer are not uncommon.

For employers in the catering, hotel, or logistics sectors, this represents a real personnel risk. While the existing residence permit, including the authorization to work, generally remains valid if the renewal application is submitted on time (§ 81 para. 4 of the German Residence Act), those who submit the application only after the permit has expired risk losing their work permit – and the employer loses a trained employee.

Is it still worth filing a lawsuit for failure to act?

After three months without a decision, an action for failure to act under Section 75 of the Administrative Court Procedure Act (VwGO) is the obvious course of action. Caution is advised regarding Section 19c of the Residence Act (AufenthG). Because this provision grants discretion, the court generally only orders the State Office for Immigration (LEA) to issue a new decision. The authority will then – based on the new residence permit – very likely decide against the applicant. With the rejection, the legal fiction of continued residence ends, and deportation becomes imminent. In the worst-case scenario, an action for failure to act can force precisely the rejection that would never have occurred without legal action. Therefore, court proceedings are only advisable if the application is well-founded or if a legally enforceable title is being asserted concurrently.

Conclusion

The days when the State Office for Immigration (LEA) largely rubber-stamped applications for a change of status under Section 19c of the Residence Act (AufenthG) for unskilled employment are over. Since the amendment to the Immigration and Asylum Act (VAB) of June 12, 2026, a reference to Section 9 of the Employment Ordinance (BeschV) is no longer sufficient. This primarily affects holders of permits under Sections 38a and 24 of the Residence Act and their employers. Because there is no legal entitlement, an action for failure to act is not a panacea. Those who examine the alternatives in a timely manner and carefully justify their application are best positioned to secure their residency. We support you in this – before a pending application becomes a problem.