top of page
VISAGUARD Logo

Rhineland-Palatinate proposes a change in the law to ensure a seamless transition from education to employment


Imagine a young person from a third country who has invested years of hard work and dedication in their vocational training in Germany. They've completed their apprenticeship, the company is eagerly awaiting their arrival as a fully qualified professional , and the employment contract is already signed. But instead of the first day of work, they're met with bureaucratic disappointment: a legal vacuum between the end of the apprenticeship and the granting of their new residence permit forces both sides into an unwanted waiting period . What sounds like a bad joke is a harsh reality for many companies and international talent. Now, however, resistance is growing against this integration policy dead end. A new initiative from Rhineland-Palatinate, currently being debated in the Bundesrat (Federal Council) under document 35/26 , addresses precisely this problem and calls on the federal legislature to take action.


The bureaucratic bottleneck between education and skilled worker visa

The core problem lies in the structure of the Residence Act (AufenthG). Currently, trainees from third countries reside in Germany with a residence permit under Section 16a of the Residence Act . Once they pass their final exams, the training objective is achieved, and the purpose of this residence permit legally ceases. However, subsequent employment as a skilled worker requires a change to Section 18a of the Residence Act . Although there are so-called "fiction rules" that secure residency during the processing period, a critical gap exists in practice: the continued validity of the permit is based on the conditions of the previous permit – and this permit only allows for training, not the full exercise of a qualified skilled worker position.


In our daily legal practice, we repeatedly observe that this so-called change of purpose leads to significant delays. Even the provision of Section 81 Paragraph 5a of the German Residence Act (AufenthG) cannot completely close this gap, as the authorization to engage in gainful employment provided for therein is often only granted upon the specific justification for issuing the residence permit and simply does not cover the often lengthy phase of official review. For those affected, this means the loss of their economic livelihood, and for businesses, an intolerable period of planning uncertainty.


The initiative from Rhineland-Palatinate

The state government of Rhineland-Palatinate, under Minister-President Alexander Schweitzer, has submitted a resolution to the Bundesrat (Federal Council) to end this situation. The resolution rightly points out that these individuals already possess the necessary language skills, system knowledge, and practical experience. They are the skilled workers that the German labor market so desperately needs. That these very skilled workers are condemned to inactivity by rigid administrative regulations is counterproductive from an economic policy perspective and increases the risk of valuable talent migrating to other countries.

The motion calls on the Federal Government to enact a legal amendment by the start of the 2026/2027 training year that ensures a seamless and legally secure transition . The aim is to reduce administrative burdens and guarantee that employment can commence immediately after training . Our law firm expressly welcomes this initiative, as it finally puts the realities of working life in companies and the needs of skilled workers into focus. Interestingly, there are already expert proposals from legal scholars, such as the proposed wording in the journal InfAuslR (Issue 1/2026) by Dr. Sebastian Klaus, which demonstrates that the legal solutions to this problem have long been available.


Reform urgently needed

In times of a massive skills shortage, Germany simply cannot afford to erect barriers where bridges are needed. Current gaps in the transition process not only hinder individual integration but also deter employers from investing in the training of third-country nationals if their subsequent employment with the company is threatened by bureaucratic processing times. Any new legislation must be designed so that the right to employ qualified workers is automatically granted upon successful completion of the training, provided a corresponding job offer exists. Only in this way can the urgently needed planning security be established for all parties involved .


Our firm's conclusion: A long overdue step towards genuinely securing skilled workers

In summary, the initiative from Rhineland-Palatinate addresses a glaring weakness in skilled worker immigration law . Overcoming the discrepancy between Sections 16a and 18a of the Residence Act is not merely an administrative matter, but a question of showing appreciation for those who have successfully acquired qualifications here. We will closely monitor the further deliberations in the Federal Council and the Federal Government's response. It is hoped that the legislature will recognize the urgency and act in time for the next training cycle in 2026/2027 to finally give a significant boost to skilled worker employment.


Would you like to learn more about how we can best prepare your company or your international trainees for the change of purpose today? Contact us!


bottom of page