Holger Kolb criticizes the Western Balkans regulation in the FAZ

The debate surrounding German immigration law has taken a dramatic new turn. In a widely discussed guest article in the Frankfurter Allgemeine Zeitung (FAZ), migration expert Dr. Holger Kolb compared the established Western Balkans regulation to the diesel engine : once a celebrated, pragmatic innovation, now supposedly an obsolete model that must be replaced by cleaner, more modern technologies. The future CDU/CSU-SPD coalition government is following this line of reasoning and plans, according to its exploratory paper, to halve the annual quota for nationals of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia from 50,000 to 25,000 visas . However, anyone who analyzes migration practices on a daily basis from the perspective of a specialized law firm quickly realizes that this theoretical system change completely ignores the economic realities of German companies and human resources departments.

Why does the theoretical comparison with the diesel engine fall short?

Dr. Holger Kolb's comparison is flawed in a crucial aspect: A diesel engine can be replaced by an electric motor because, ultimately, both drive systems move the vehicle from A to B. Immigration law is not so simple. The Western Balkans Regulation, enshrined in Section 26 Paragraph 2 of the Employment Ordinance (BeschV) , allows access to the German labor market for individuals who possess no formal professional or academic qualifications . The only prerequisites are a concrete job offer at market-standard conditions and the approval of the Federal Employment Agency.

When politicians argue that the regulation is superfluous because the new Skilled Immigration Act supposedly offers "more modern incentives," they are overlooking the fundamental structure of the labor shortage. German employers in the construction industry, logistics, healthcare, and hospitality are desperately seeking helping hands and practically experienced employees, not necessarily certified academics . In practice, the Western Balkans regulation is not a "dirty old diesel engine," but rather the only reliable and unbureaucratic workhorse for unskilled or informal immigration. It has functioned reliably for years because it avoids the excessive German bureaucracy of qualification recognition.

What obstacles make the "modern alternatives" unrealistic in practice?

Academics and politicians often point to the recent reforms of the Residence Act as an adequate alternative. However, employers attempting to pursue these avenues encounter massive barriers in the bureaucratic reality.

This is particularly evident in the so-called professional experience regulation according to Section 6 of the Employment Ordinance (BeschV) . While this regulation permits immigration without formally recognized equivalence of qualifications in Germany, it ties immigration to extremely rigid conditions: The applicant must possess a state-recognized vocational or university degree from their country of origin, demonstrate at least two years of relevant professional experience, and reach a strict salary threshold of €3,622.50 (gross) per month, unless a collective bargaining agreement applies.

The practical reality: A large proportion of the workers recruited via the Western Balkans have no formal qualifications whatsoever, but bring purely informal practical experience. For these people, Section 6 of the Employment Ordinance (BeschV) is a closed door.

Even the much-lauded recognition partnership under Section 16d Paragraph 3 of the Residence Act (AufenthG) or the opportunity card under Section 20a AufenthG often prove to be a bureaucratic nightmare for small and medium-sized enterprises (SMEs) in practice. The procedures are highly complex, lengthy, and require an immense administrative effort from human resources departments. They simply cannot fill the gap created by halving the Western Balkans quota.

How are the authorities unofficially reacting to the political quotas?

As a law firm, we experience daily that restrictive political directives rarely lead to transparent rejections, but rather to a gradual, informal deterioration of administrative practices . When the quota is reduced from 50,000 to 25,000, this by no means implies that the applications up to number 25,000 will proceed smoothly. On the contrary, we observe that during such periods, German diplomatic missions abroad – for example, in Pristina, Belgrade, or Sarajevo – drastically reduce the number of appointments offered . Places in the already overburdened lottery system at the embassies become even scarcer, and the already long waiting times for HR departments are extended unpredictably. At the same time, visa offices and the Federal Employment Agency tend to dissect employment contracts and working conditions overly critically during their internal reviews in order to find bureaucratic grounds for rejection. For employers, this represents a massive risk to their planning security.

What does this system change mean for highly developed countries of origin such as the USA, UK or Canada?

Interestingly, the debate surrounding the Western Balkans regulation reveals the deeper philosophy of current German immigration law: a move away from regional special rights without proof of qualifications, towards global, qualification-based pathways. While barriers are falling for the Western Balkans, the system is paradoxically becoming increasingly attractive for highly skilled professionals , young professionals, and students from countries like the USA , Great Britain, or Canada.

Those with an academic degree or a sound, internationally recognized qualification benefit enormously from the accelerated procedures for the EU Blue Card ( § 18g AufenthG ) or the professional experience regulation according to § 6 BeschV . For this group of highly qualified foreigners and their families , the reforms are having their full, positive impact. The German administration is noticeably attempting to reallocate its scarce resources: away from the costly management of quotas for unskilled workers, towards an accelerated welcoming culture for the global academic and technological elite.

Conclusion

The criticism expressed by Holger Kolb in the FAZ and the planned halving of the Western Balkans quota to 25,000 visas per year are purely theoretical migration policy decisions. In practice, the Western Balkans regulation according to Section 26 Paragraph 2 of the Employment Ordinance (BeschV) is by no means outdated, but remains the only pragmatic outlet for the immigration of urgently needed workers without formal qualifications. The touted "modern alternatives" such as Section 6 of the Employment Ordinance require qualifications and salary levels that are out of touch with the reality of the affected sectors. While highly skilled workers from the USA , UK , and Canada benefit from the new global regulations, German employers in the unskilled and skilled trades sectors face closed doors. As a specialized law firm, we support companies in finding legally sound, strategic migration pathways, even in times of restrictive quotas, and in successfully circumventing bureaucratic obstacles.