Does the 2-year rule (§ 9 BeschV / Open Work Visa) also apply to cases from the Western Balkans?

In our consulting practice at VISAGUARD, we are frequently asked whether the preferential treatment under Section 9 of the Employment Ordinance (BeschV) also applies to nationals of the Western Balkan states (Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro, and Serbia) . Those who have already been employed in Germany and subject to social security contributions for two years normally no longer require the approval of the Federal Employment Agency (BA) to extend their residence permit – access to the labor market becomes unrestricted. However, a recent case from our firm demonstrates that the Western Balkans regulation is a strict exception that often overrides other privileges.

The case: Hope for a quick change of employer

Our client, an Albanian national, has been legally employed in Germany since 2023. After two years of employment subject to social security contributions, we applied for a residence permit based on Section 9 No. 1 of the Employment Ordinance (BeschV) as part of a change of employer. The aim was to expedite the process, as this section eliminates the time-consuming approval process required by the Federal Employment Agency.

The sobering realization: The special rule of Section 26 Paragraph 2 of the Employment Ordinance

The response from the Berlin State Office for Immigration (LEA) was unequivocal: Section 9 of the Employment Ordinance (BeschV) generally does not apply to cases involving Western Balkan citizens . The LEA referred to the specific exclusion clause in Section 26, Paragraph 2, Sentence 5 of the Employment Ordinance . According to this clause, the exemption from the approval requirement after two years of employment ( Section 9 BeschV ) is not granted to nationals of Western Balkan states , unless the original approval was granted under an older version of the ordinance (before December 31, 2020). Since our client only entered Germany in 2023, he remains bound by the strict requirements of the Western Balkans regulations. This means that every change of employer and every extension of employment requires a renewed review and approval by the Federal Employment Agency , and the simplified procedure for an "Open Work Visa" after two years does not apply in this case.

Proof of the strictness of the Western Balkans regulation

This case once again highlights how restrictive the Western Balkans Regulation is compared to other work visas (such as the Skilled Workers Regulation ). While skilled workers are freed from being tied to a specific job after a certain period, workers who have entered via the Western Balkans Regulation quota remain within a tight bureaucratic framework.

Do you have questions about your residence permit or are you planning a change of employer?

As experts in migration law, the VISAGUARD team helps you to keep track of things, even in complicated situations.