SWP study: Massive exploitation of migrants also exists in the area of skilled worker immigration.

A recent study by the German Institute for International and Security Affairs (SWP) from June 2026 highlights an issue that has received little attention in the political debate surrounding skilled worker immigration : exploitation often begins not at the German workplace, but during recruitment in the country of origin. This is an important warning for international skilled workers from the USA , Great Britain , or other countries who seek employment in Germany through private recruitment agencies, as well as for employers and HR departments urgently seeking qualified personnel. For years, we have been guiding skilled workers and companies through German immigration law and are familiar with the practices that lie between reputable placement and legally risky recruitment.

Why is the recruitment phase the biggest risk for skilled workers?

According to the SWP study, private recruitment agencies worldwide generate around €32 billion annually – a significant portion of which comes from exorbitant placement fees that should actually be borne by the employer. Research into the German meat industry reveals fees of up to €15,000 per person. Those who advance such a sum or go into debt to pay it quickly find themselves in dire financial straits, making it difficult to defend themselves against poor working conditions. This is precisely where the risk arises, a risk that many skilled workers only realize once they are already in Germany – often too late to rectify without legal assistance.

What legal requirements apply to recruitment agencies in Germany?

Since 2002, anyone wishing to recruit workers from abroad in Germany has only needed a simple business registration. There is no specialized supervisory authority or mandatory register. While Sections 296–299 of the German Social Code, Book III (SGB III) limit placement fees to a maximum of €2,000 and require a written placement contract , violations often go unpunished due to a lack of oversight – particularly for agencies based abroad, over which German authorities have no jurisdiction. Since January 2026, employers have also been subject to notification and information obligations when recruiting third-country nationals, as stipulated in Section 45c of the German Residence Act (AufenthG). Furthermore, Germany has not yet ratified ILO Convention 181, which provides for state regulation of private recruitment agencies and the employer pays principle. For skilled workers and employers, this means that those who rely solely on a recruitment agency often operate in a legal gray area without effective oversight.

How can skilled workers and employers recognize unethical recruitment practices?

Typical warning signs include fees significantly exceeding the legal limit, the confiscation of passports or other identification documents, demands for payment before signing a regular employment contract , and vague or contradictory information regarding residency permits, salary, housing , or health insurance . Recruitment increasingly takes place via social media and messaging services, where fake job offers are deceptively similar to legitimate ones. Even highly qualified professionals from the US or UK are not automatically protected: Anyone considering a supposed shortcut to an EU Blue Card or other immigration-related job offer should have the legitimacy of the intermediary and the actual requirements for obtaining a residence permit verified beforehand, instead of relying on verbal promises.

What can employers and HR departments do to ensure fair recruitment?

Companies recruiting international professionals are responsible for choosing the right agencies and passing on the costs to their employees. Instead of relying on unverifiable recruitment chains, it is advisable to collaborate with registered partners, government programs like the Federal Employment Agency's Triple Win program, or specialized legal counsel who can ensure legally sound employment contracts , salary structures, and guaranteed living expenses from the outset. This protects not only the skilled worker but also the company from liability risks and delays in immigration proceedings .

What should you do if you have already been a victim of unfair recruitment?

Anyone who has already paid excessive fees, been pressured, or received a residence permit that does not correspond to the original promises should not wait. In addition to reporting the matter to the relevant state immigration office, legal proceedings may be necessary in serious cases , for example, to reclaim unlawfully withheld fees or to defend against workplace discrimination . Family members whose family reunification is linked to problematic recruitment should also have their situation legally reviewed before deadlines expire.

Conclusion

The SWP study makes it clear that fair recruitment is not a marginal issue, but rather a decisive factor in the success or failure of skilled worker immigration . Neither inaction, nor submitting an application independently, nor simply using online placement platforms offers the security that a thorough legal review provides. We are familiar with the administrative practices of immigration authorities and support skilled workers , employers, and families throughout the entire process – from reviewing a placement offer to obtaining a residence permit .