Labor migration law: New employer obligations when recruiting abroad in 2026

Imagine your new specialist from abroad has just received their visa , the apartment search was successful, and their first day of work is just around the corner. Everything seems perfectly prepared. But while you focus on onboarding, a new legal requirement lurks in German immigration law that could catch many companies off guard. Anyone recruiting third-country nationals from January 1, 2026, onwards must fulfill a specific information obligation that goes beyond simply signing the employment contract and complying with the Proof of Employment Act. This is not just a friendly gesture, but a strict legal requirement under the Residence Act.

The legal amendment of Section 45c of the Residence Act

With the introduction of Section 45c of the German Residence Act ( AufenthG ), the legislature has created a legal framework that directly impacts the administrative process of skilled worker immigration . From the beginning of 2026, companies are obligated to explicitly inform newly recruited skilled workers from third countries about the " Fair Integration " advisory service. The aim of this regulation is to inform foreign employees early on about their rights and obligations under German labor and social security law, thereby promoting fair integration into the German labor market . What may initially appear to be a mere formality is, in daily HR practice, a mandatory compliance task that cannot be postponed.

Deadlines and format: What matters now

In legal practice, adherence to form and deadlines is often crucial to avoid liability risks or regulatory consequences. The information must reach the new employee no later than their first day of work. However, we strongly recommend sending this notification along with the employment contract or immediately after the visa is issued to ensure the process is legally sound. The law mandates written form . A verbal notification over coffee on the first day is therefore insufficient; it must be documented in writing via email, as a formal contract attachment, or by letter.

The necessary content of the instruction

It is not enough to simply refer to advice centers in general terms. The legal requirement is precise: The employer must explicitly point out the possibility of free advice on labor and social law issues through the " Fair Integration " network. A crucial point that is often overlooked is the inclusion of the contact details of the advice center nearest to the workplace. This means that companies with multiple locations must customize the templates to reflect the geographical proximity of each advice center. Fortunately, the Federal Ministry of Labor and Social Affairs (BMAS) provides information sheets for this purpose, which also include a confirmation of receipt – a tool that I highly recommend every employer use for documentation in personnel files.

Conclusion: Legal certainty through early adaptation

The new information obligation under Section 45c of the German Residence Act (AufenthG) is not a cause for concern, but it does require careful adjustment of onboarding processes. Anyone bringing third-country nationals to Germany assumes responsibility – both legally and socially. By firmly integrating the concept of "fair integration" into your standard contracts or welcome packages, you not only fulfill your legal obligation but also signal transparency and professionalism to your new employees. In a time of skilled labor shortages, legal certainty in recruitment is a valuable asset that should not be jeopardized by avoidable procedural errors.