Expert council recommends stricter testing of language skills in visa procedures

Ambitions are high, suitcases are packed, and eyes are firmly fixed on a successful future in the heart of Europe. For many highly qualified academics , young professionals, and students from around the world, Germany remains one of the most attractive destinations for personal and professional development . The German government has recognized this trend and has significantly liberalized education and employment migration law several times in recent years to pave the way into the German labor and education market. However, where new opportunities arise, unforeseen risks often grow as well. A recent paper by the Expert Council on Integration and Migration (SVR) , entitled "A Job and a Hard Place?", now sheds light on the downsides of this development and calls for significant government intervention. For international talent and HR departments in the field of corporate immigration, this means preparing for a noticeable shift in bureaucratic requirements.

The downside of liberalization in immigration law

In the world of global mobility, international assignments, and international recruiting, the legal milestones of recent years—such as the Skilled Immigration Act (FKEG) and its comprehensive revisions—have been generally well-received. The aim was to reduce bureaucratic hurdles and facilitate access to residence permits for education and employment for foreign talent. However, it is now becoming apparent that the expanded opportunities for access and residence are, in some cases, encouraging misuse. Increasingly, international students and trainees are ending up in precarious employment or unintentionally slipping into the informal economy because they can hardly cope with the enormous financial pressure from tuition fees or restrictive contracts imposed by unscrupulous recruitment agencies in their home countries. As a law firm specializing in visa law , we are observing these gray areas with concern, as they jeopardize the reputation of the entire country and burden unsuspecting expats.

Stricter controls on training visas demanded

A key point of criticism from the Council of Experts on Integration and Migration (SVR) concerns the residence permit for vocational training under Section 16a Paragraph 1 of the German Residence Act (AufenthG ). Currently, the requirements for proof of language proficiency are inconsistent. While sufficient German language skills are required for qualified vocational training, this requirement is waived entirely for other forms of training. Even worse, even in qualified vocational training, proof of language proficiency often does not need to be provided to the authorities if the educational institution itself has taken on the assessment or a preparatory language course is offered. The SVR therefore calls for a far-reaching reform: In the future, the required German language skills should be assessed by the embassies without exception as part of the visa application process , regardless of any assurances from the respective training companies. For young applicants from third countries, this means that the hurdles for the consular assessment are likely to increase significantly in order to protect them from exploitation due to insufficient language skills.

The dilemma of international students at private universities

Similar structural problems are revealed in the regulations governing residence for study purposes under Section 16b of the German Residence Act (AufenthG ). Originally intended as a welcoming gesture, the generous provision of Section 16b Paragraph 3 of the Residence Act allows foreign students to work for up to 140 days per year or to utilize flexible student work arrangements. However, coupled with the aggressive international marketing of some private universities, which primarily finance themselves through high tuition fees, this leads to a dangerous imbalance. International students are caught in a cycle where the actual purpose of their stay – their studies – is pushed into the background as they work off living expenses and tuition fees in the low-wage sector. Since the legal requirements in the Residence Act are largely determined by the European REST Directive , the Council of Experts on Integration and Migration (SVR) primarily recommends that the federal states adjust their higher education legislation accordingly. Private universities should be subject to stricter accreditation processes and only recognized if their concepts include preventative measures against exploitative practices.

Solutions and government information campaigns

To counteract abuse without stifling the influx of highly qualified professionals , the Expert Council on Integration and Migration (SVR) advocates targeted public awareness campaigns alongside stricter legal regulations. Among other measures, it proposes extensive digital information campaigns by the German Academic Exchange Service (DAAD) directly in the countries of origin. Prospective students and young professionals should be specifically informed about the excellent and generally tuition-free study options at state universities in Germany. Furthermore, the council calls for effective certification of recruitment agencies in third countries . Since German laws governing private employment agencies do not apply there, transparency and reliable information must be ensured in the recruitment market to curb this modern form of human trafficking by unscrupulous actors.

Our conclusion as a law firm specializing in visa law

The expert council's analyses clearly show that well-intentioned relaxations can lead to unintended gaps in protection in practice. For highly qualified academics, expats, and forward-thinking employers, the message is clear: Documenting and demonstrating qualifications and language skills will once again become crucial in the visa application process . Simply relying on private certificates or company agreements will likely no longer suffice. As your partners in immigration law, we support companies and skilled workers in meeting these evolving regulatory requirements from the outset, ensuring your path to Germany is not derailed by bureaucratic hurdles.