New law on digitalization in visa and residence law (MDWG)

Anyone coming to Germany as an international professional , expat, or highly qualified academic, or wishing to extend their stay, knows the challenges: long waiting times for appointments at the immigration office , documents that have to be submitted twice, and bureaucratic hurdles often characterize daily life. The Migration Administration Digitization Development Act ( MDWG ) , passed by the Bundestag on July 9, 2026, aims to comprehensively digitize migration administration and modernize official data exchange. But will this law actually bring the hoped-for relief in practice, or will the pitfalls simply shift to the digital realm? As a law firm specializing in visa and immigration law, we advise international talent from countries such as the USA , Great Britain , Canada, and around the world on a daily basis and provide you with insights into the new regulations.

What changes when extending a residence permit and submitting biometric data?

One of the most noticeable changes concerns the collection of biometric data for the electronic residence permit (eAT). Previously, a personal appearance at the relevant immigration office was generally mandatory for each renewal or new application to provide fingerprints, a recent photograph, and a signature. Under the MDWG (Data Processing Act), this data will now be stored centrally in the Central Register of Foreigners (AZR) and reused for subsequent applications. For adult applicants, the stored photographs and fingerprints can be used for up to seven years, and for children , up to five years. In theory, this eliminates the need for a separate appointment at the authorities solely for biometric data collection.

However, our experience as a law firm shows that the impact of this digitalization depends heavily on the place of residence. Highly digitized, specialized authorities such as the State Office for Immigration ( LEA ) in Berlin are expected to quickly utilize the interfaces and noticeably accelerate procedures. In contrast, smaller immigration offices in rural areas, where files are still primarily kept in analog form, will likely see the practical implementation take considerably longer.

What relief measures will apply in the future in the event of job loss according to § 18 of the Residence Act?

A key aspect of the new law is the extension of the statutory period for job searching after the termination of employment. For holders of residence permits for employment under Section 18 of the German Residence Act (AufenthG) – which includes many highly qualified workers and holders of the EU Blue Card – the MDWG stipulates that the residence permit remains valid for at least six months after termination or expiration of the employment contract to allow for the search for new employment. Previously, this standard statutory period was only three months. If the termination of the employment relationship was based on particularly exploitative or abusive working conditions, the period can even be extended to up to nine months.

What sounds like a major relief on paper is significantly less so in practice. Under the old law, skilled workers already had considerably more than three months to find a job in most cases . Anyone who applies for an extension of their residence permit or a change to a different purpose – such as the "opportunity card " – immediately after the end of their employment triggers the so-called "fiction effect" according to Section 81 Paragraph 4 of the Residence Act. Since many immigration authorities, due to their heavy workload, often only react to notifications of job loss months later or even until the expiration of the fictitious residence permit, the new six-month period primarily provides legal clarity but only minimally alters the reality of the timeframe in practice.

Why will the central storage of visa documents become critical for applicants from November 2026 onwards?

From November 1, 2026, the first comprehensive changes to data exchange in visa procedures will come into effect. Documents submitted as part of a national visa application at a German diplomatic mission abroad (embassy or consulate) – such as employment contracts , university degrees, language certificates, or civil status documents – will be stored in the visa section of the Central Register of Foreigners (AZR) for a period of three years. Both diplomatic missions abroad and domestic immigration authorities will have direct access to this digital database.

The primary purpose of this is to prevent skilled workers from having to resubmit the same documents to the local immigration authorities after their arrival. However, this transparency poses an underestimated risk for future applications. In our practice, we repeatedly see visa applications abroad rejected due to alleged document forgeries or inconsistencies – particularly at busy visa offices in third countries. Often, these were not actual forgeries, but rather formal errors by embassy officials or ambiguous reasoning in the rejection notice. If such erroneous entries or preliminary files are now centrally stored for three years and made accessible to every case worker in Germany, they can have a lasting negative impact on subsequent visa or residence permit applications, even if the error was not the applicant's fault.

What other data will be centrally recorded in the Central Register of Foreigners in the future?

In addition to biometric data and visa documents, the MDWG significantly expands the catalog of information stored in the AZR. This includes, among other things:

• Identity documents and verification certificates: Official and certain unofficial documents used to verify identity are filed along with the status of their verification. Once an authority has recognized an identity, this verification should be binding for other bodies.

• Test results for integration and naturalization procedures: Results of the German test for immigrants (DTZ), the "Living in Germany" test and the naturalization test will in future be stored directly in the register and will be available to naturalization authorities.

• Criminal law notifications: Relevant information from criminal proceedings will in future be transmitted to the immigration authorities immediately and electronically in order to be able to review residence-related measures pursuant to Section 53 et seq. of the Residence Act more quickly.

• Data from paternity acknowledgments: To verify the legal rights of consent of the immigration authorities, information on mother, father and child is linked in the register.

Conclusion: Digital acceleration requires careful guidance.

The MDWG (Migration and Migration Act) undoubtedly provides the long-overdue legal framework for a more modern and interconnected migration administration in Germany. Skilled workers in metropolitan areas with well-developed e-government infrastructure will benefit from faster processes and fewer appointments with authorities. However, the comprehensive storage of data in the Central Register of Foreigners also means that errors in the application file—such as incorrect embassy decisions or inaccurate information—can become permanently recorded in the system and complicate future applications. We therefore strongly advise foreign skilled workers and academics to exercise the utmost care when submitting their initial visa application to avoid adverse entries in the Central Register of Foreigners from the outset.