Labor migration: Relevance of the reporting obligation under the WPflG for secondments?

It's every internationally active talent's nightmare: The visa for the project in the USA is approved, the apartment in Berlin is vacated, the shipping container is packed. But at the airport comes the rude awakening. Not because the destination country refuses entry, but because the German state prohibits departure . What sounds like a relic from decades past or a bureaucratic horror scenario from authoritarian states has become a bitter reality for a huge group of people in Germany since January 1, 2026.

Without much media fanfare, the legislature has amended the Conscription Act (WPflG) , thereby creating a bureaucratic hurdle that fundamentally undermines the modern understanding of global mobility and the free movement of highly qualified professionals . Anyone who believed that conscription was a dormant issue that would only become relevant in a crisis has now been proven wrong. We are observing with great concern how mobility rights are being severely restricted under the guise of national defense readiness.

The legal watershed: When the exception becomes the rule

The decisive lever for this change lies in the revision of Section 2, Paragraph 3 of the Compulsory Military Service Act (WPflG ). Until now, the world was quite simple for German citizens and conscripts living here: The restrictive permit requirements for stays abroad only applied in times of tension or defense – that is, in situations none of us wish for. Since the beginning of this year, however, this barrier has been removed. Now, the regulation in Section 3 of the Compulsory Military Service Act (WPflG) applies in principle even in times of peace.

For men between 18 and 45 years of age, this means specifically: Anyone wishing to leave Germany for more than three months (e.g., for professional reasons) must obtain prior authorization . This explicitly also applies to moves within the European Union. We consider this expansion a disproportionate infringement on the general freedom of action , which particularly affects those whom we most urgently need for a modern economic hub: mobile, well-trained professionals and academics whose lives do not stop at national borders.

Approval requirement at the career center: bureaucracy instead of a welcoming culture

The respective career center of the German Armed Forces is responsible for granting these permits . While the Ministry of Defense asserts that these permits should "in principle" be granted as long as military service is voluntary, this does not alter the fact that a preventive prohibition with a reservation of permission has been established. In practice, this means that every extended deployment abroad, every posting, and every sabbatical depends on the approval of a military authority.

As a law firm, we view the current legal uncertainty as particularly problematic. While the ministry speaks of "unbureaucratic administrative regulations" that are still being drafted, the law is already fully in effect. This situation is unacceptable for our clients, who depend on legal certainty. A highly qualified engineer or IT specialist cannot base their career planning on vague promises in press releases when the law explicitly stipulates a clear requirement for approval.

Harsh sanctions: passport refusal and travel bans

The true significance of this new regulation lies in the legal consequences of a violation. Anyone attempting to leave the country without the required permit under Section 3 Paragraph 2 of the Military Service Act (WPflG) is not committing an administrative offense in the traditional sense, but faces a far stricter system of sanctions. According to Section 10 Paragraph 1 and Section 7 Paragraph 1 Number 7 of the Passport Act (PassG), border authorities can simply prohibit departure.

Even more serious is the possibility for passport authorities to refuse to issue a new passport if they are aware of the missing authorization. It sends a disastrous signal to the international community if Germany intends to use such measures to bind its citizens and potential returnees.

Conclusion: A dangerous precedent for freedom of movement

In summary, the amendment to the Military Service Act (WPflG) effective January 1, 2026, is far more than a mere formal change. It represents a profound infringement on the personal freedom of millions of men. The de facto introduction of exit controls for a specific population group damages the image of a liberal constitutional state. Those planning their professional future internationally must now deal with authorities whose focus is not on economic development, but on military administration. It is hoped that the legislature will amend the law or that the courts will promptly review the proportionality of these measures.