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German Unity Day – Why not standardize the immigration authorities?
On October 3rd, Germany celebrates 36 years of reunification . Borders were dismantled, currencies unified, and administrations merged. One area, however, has remained remarkably untouched by this unification to this day: immigration law in practice. Anyone who, as an international Skilled workers coming to Germany, or HR departments hiring talent from abroad, don't encounter "the German immigration administration." They encounter a patchwork of around 550 different regulations. Immigration authorities have their own forms, appointment systems, and legal interpretations. There is one law, but hundreds of interpretations.
How many Are there immigration authorities in Germany?
There are over 500 nationwide. Immigration authorities . This follows from Section 71 Paragraph 1 of the Residence Act : The following are responsible: Immigration offices are organized by the individual states. Most states have delegated this task to districts and independent cities. Therefore, Berlin and Hamburg each have only one office, while larger states like Baden-Württemberg maintain well over a hundred. The Residence Act is federal law and applies in Garmisch just as it does in Görlitz. However, it is often applied by case workers in the district administration office who also handle matters related to weapons law or business operations.
The law is uniform – the administrative practice is not.
Why is municipal jurisdiction a problem for Skilled workers ?
First of all: There are excellent Immigration authorities . We work with authorities whose staff are highly competent and demonstrably strive to expedite procedures. However, particularly in smaller municipalities, we repeatedly experience that case workers are not up to modern standards. They are simply overwhelmed by skilled worker immigration law . This is not a personal accusation. Anyone who only processes a handful of applications per year for a The EU Blue Card office, which processes applications, struggles to keep up with the numerous legal changes of recent years. The consequences are clear: requirements are imposed that are not stipulated by law, decisions are based on incorrect legal grounds, and inquiries remain unanswered for weeks.
Added to this is a problem that isn't mentioned in any legal commentary: the fragmented IT infrastructure. Each municipality largely decides for itself how it communicates. One authority has an online portal, the next only accepts mail, and a third has a functional email address whose mailbox is regularly full. Appointments are sometimes scheduled online, sometimes by phone, and sometimes not at all. An application that takes four weeks to process in one city can take six months in the neighboring district. For businesses, this means: there is no planning certainty.
How many authorities does an employer actually have to deal with?
Many HR departments underestimate the fact that a hire rarely stays with just one government agency. With accelerated recruitment, Skilled worker procedures according to Section 81a of the Residence Act (AufenthG) is the relevant section for prior approval. The immigration office at the future place of employment is responsible. Does the country have a central immigration office? Immigration office Section 71 paragraph 1 sentence 5 of the Residence Act establishes this. As soon as the skilled worker with their has entered the country with a visa and their Once the apartment is registered, the responsibility for the The residence permit is transferred to the authority at the place of residence. Where does the new resident live? When a software developer is not based in Munich, but in the surrounding area, suddenly a district office is at the table that knows nothing about the previous procedure.
A company with locations in three cities therefore doesn't just have to deal with three authorities. The authorities at all locations and in all the places of residence of its employees are responsible. Even for identical positions, the required documents differ. One authority requires the One document is the original employment contract , the other is a separate employer's certificate, and the third includes additional payslips from the last few months. If the... With family , the whole thing repeats itself. Family reunification for spouse and Children .
What happens when jurisdiction changes?
Most problems arise precisely at the interfaces. We regularly see files that are "in transit" between two authorities for weeks during a relocation, while the Residence permit expires. Legal protections apply. Section 81 Paragraph 4 of the Residence Act : Anyone who applies for an extension in a timely manner has their residence permit considered valid until a decision is reached. However, this legal fiction must be certified. If the new authority has not registered the application at all, the... Skilled workers without qualifications are present. Travel becomes impossible and employers get nervous. Some separations "out of caution" are in reality the result of administrative failure.
Deadlines continue to run even if the file is stuck between two authorities.
Are central Are immigration authorities the solution?
Some countries have responded and established central offices for the Skilled immigration measures have been created. Berlin is consolidating the procedures for companies at the Business Immigration Service of the [unclear - possibly "the Federal Government" or "the Federal Ministry of the Interior"]. The State Office for Immigration ( LEA ) is one such office; other states have established their own central offices. This shows that specialization works. Authorities that deal with applications for the Blue Card agencies operate more efficiently, making decisions faster and with greater legal certainty. However, the jurisdiction of these central offices usually ends upon entry into the country. After that, the case reverts to the local authority.
The federal government has also recognized the problem. The planned work-and-stay agency is intended to provide a digital contact point for foreign nationals. Skilled workers are being created. Whether this will actually eliminate the patchwork of regulations or merely add another layer remains to be seen. According to the federal government, the project is still in its early stages. From our perspective, it would be consistent to consolidate responsibility for skilled immigration entirely at the state or federal level. Around 550 different entry points for a single federal law are hardly justifiable 36 years after reunification.
What can companies and What can skilled workers do today?
Until reform occurs, employers and international talent have to live with the system. Many try to manage it on their own, using checklists from the internet or spreadsheets where HR teams manually track authorities, appointments, and deadlines. This works as long as everything runs smoothly. However, if an authority requests an unexpected document, fails to respond for months, or rejects an application, standard information is no longer sufficient. Waiting then becomes the riskiest option.
From hundreds of cases, we are familiar with the peculiarities of numerous authorities: which documents are actually required where, where an early application is worthwhile, and which authorities respond quickly to a letter from a lawyer. If an authority remains inactive without sufficient reason, an action for failure to act can be filed after three months. Section 75 VwGO at A complaint can be filed with the administrative court . Often, the mere announcement of such a complaint is enough to initiate action. When planning, it is also worthwhile to clarify responsibilities in advance: Which place of employment is responsible for the administrative court? Employment contract , when does registration take place, and which authority is responsible? Family responsible?
Conclusion
German Unity Day is a good opportunity to ask an uncomfortable question: Why does a country that strives for international recognition need a Recruiting skilled workers , hundreds Immigration authorities with differing standards? Federalism has many strengths. In immigration law, however, it primarily creates legal uncertainty, delays, and costs. Until politicians act, the following applies: those who know the responsible authority and its practices gain time. We support companies and Professionals help to strategically plan processes and resolve blockages before deadlines expire and talent is lost.
