Labor migration law: What is the “employer approval procedure”?

The debate surrounding a so-called " employer approval procedure " is a recurring theme in the field of labor migration law . Lawyers and experts like Bettina Offer and Dr. Sebastian Klaus have been advocating for years that employers who regularly employ foreign skilled workers should be more closely involved in these procedures. But what is the rationale behind this idea, and how realistic is its implementation?

What is meant by an employer approval procedure?

Currently, it is almost exclusively employees who apply for a residence permit or work permit (with the exception of pre-approval procedures ). Employers have very limited involvement in these processes and hardly any rights of their own . At the same time, employing foreign skilled workers remains a complicated and lengthy process for many companies. This is where the concept of the employer approval procedure comes in: The aim is to register particularly trustworthy employers separately and grant them a certain degree of pre-emption. This could eliminate some checks, accelerate procedures, and allow companies to hire qualified skilled workers more quickly. Such a model would significantly simplify the currently very complex process of labor migration – for both employers and employees.

Possible contents of the procedure

There is still no consensus on the specific steps such an approval process should entail. One suggestion under discussion is a special role for trusted employers in the labor market access process through the Federal Employment Agency . Priority appointments at embassies to expedite visa applications are also frequently proposed. More radical voices even demand that employers – or their lawyers – could decide directly on work permits. This model would represent a paradigm shift and grant employers unprecedented responsibility and flexibility in immigration law.

Does this procedure already exist?

A genuine employer licensing procedure does not yet exist . It is an idea repeatedly raised by experts. Nevertheless, there are already precedents: The Business Immigration Service (BIS) of the Berlin State Office for Immigration provides a kind of work permit for registered employers . There, procedures are implemented more quickly and generously, which effectively represents a preliminary stage of the proposed model. The new proposals from the federal government under Chancellor Merz also point in a similar direction. The plan is for "third parties" to receive more rights in administrative proceedings before the immigration authorities – a step that, while not a full employer licensing procedure, would at least strengthen the role of employers and could make processes more efficient.

Conclusion on the employer approval procedure

The employer approval process remains a vision for the future, but it highlights a key problem with labor migration in Germany: the procedures are still too focused on the individual employee , while employers have little room for maneuver. Initial initiatives such as the BIS (Business Information System) or the federal government's reform proposals show that it is possible to simplify the procedures and involve employers more closely. This could be a real benefit for companies and skilled workers – both in terms of organization and time.