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New approaches to the transition from training titles to employment titles

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A much-discussed issue in skilled immigration and labor migration is the legal transition from training to employment (so-called change of purpose ). Residence permits for training purposes (e.g., Sections 16a and 16d ) only entitle the holder to employment within the framework of the respective company-based training program. Employment after training usually requires a new work permit (e.g., Section 18a ). This application process can take months, and during this time, no employment is possible. How this transition phase can be abolished to enable a seamless transition from training to employment is a topic of much debate among legal experts.


Baden-Württemberg facilitates transition for trainees

Baden-Württemberg has now addressed this problem at the administrative level. Baden-Württemberg has abandoned its previously restrictive stance and is now following an administrative practice already established in Berlin and Frankfurt am Main. Since an instruction dated August 14, 2025, trainees from third countries who hold a residence permit under Section 16a of the Residence Act have received an important addition to their residence permit: After successfully completing their training, they are permitted to engage in any type of gainful employment . This adjustment is welcomed in expert circles as a practical step, as it facilitates the transition into employment after training. For many trainees, this means an easier transition to a residence permit under Section 18a of the Residence Act (skilled worker with vocational training) .


Weak legal justification

As sensible as this regulation is in practice, its legal justification remains weak. The expansion of labor market access is justified by a "meaningful and appropriate interpretation" of Section 16a Paragraph 3 Sentence 1 of the Residence Act. According to this provision, only activities that do not jeopardize the success of the training should be permitted during training. After training, however, nothing stands in the way of unrestricted employment.


From a legal perspective, this corresponds to a residence permit subject to a suspensive condition. The catch: the wording and structure of the law actually speak against such an interpretation. The legislature had already recognized the problem of direct change of purpose in the context of the reform of the Skilled Immigration Act – however, a clear, uniform federal regulation is still lacking . Nevertheless, the step taken in Baden-Württemberg is welcome and practical.


Outlook and legal policy implications

In practice, this step represents progress – especially for trainees who are to be seamlessly integrated into the labor market. Nevertheless, it remains to be seen whether this solution will be adopted nationwide or replaced by clear legal regulation. This development should also be interesting for commenting on Sections 4 and 4a of the Residence Act , particularly with regard to the limitation of purpose and the determination of labor market access. VISAGUARD will continue to closely monitor these developments, as they have significant implications for trainees, employers, and advisory centers in the field of skilled immigration.



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