Work-and-Stay Agency: BMAS plans more employer rights and stronger involvement of relocation companies

With the publication of the official policy paper on the "Work and Stay" agency (WSA), the Federal Ministry of Labour and Social Affairs (BMAS) has initiated the next phase of skilled worker immigration . The planned agency aims to simplify labor migration procedures, consolidate key responsibilities, and better support employers in recruiting and integrating international skilled workers. However, the paper also reveals that the federal government plans a significant expansion of the role of employers – and, for the first time, the involvement of private agencies ("relocators") in residency permit procedures.

Employers should be more involved in visa and residence permit procedures.

According to the Federal Ministry of Labor and Social Affairs (BMAS), employers should play a more active role in the application and approval process in the future. The policy paper states:

"We will expand employer involvement in the labor migration process. Employers in Germany will, for example, play a greater role in the application process for residence permits through increased powers within the application procedure. We are examining whether we can create a separate application process for employers and authorized third parties. We also want to enable employers and authorized third parties to feed employment-related information into the application process via their own access points."

The German government has announced a dedicated digital application process for employers and authorized representatives. In the future, companies will no longer only be able to submit supporting documents, but will also be able to directly access parts of the residency application process . This has been repeatedly requested by employers and their representatives (especially corporate immigration lawyers). In practice, this change could lead to better coordination between employers, authorities, and professionals , thus streamlining the process.

Relocators and placement agencies should be "better integrated".

However, another passage in the outline document is particularly noteworthy. It states:

"Furthermore, we aim to better integrate other third parties with a legitimate interest, such as agencies that meet certain quality standards, into these processes."

This is intended to create an institutional role for private relocation , placement, or consulting agencies for the first time – actors who have previously only operated informally or on behalf of employers. In the future, such agencies could be granted their own access to application portals to submit employment-related data or to assist with procedural steps. This is generally viewed critically, as the prevailing opinion has been that a legal services license under the Legal Services Act (RDG) is actually required for this. The previous government had therefore even restricted the powers of relocation agents and immigration consultants .

What "quality standards" these agencies must meet remains unclear . The policy paper specifies neither substantive nor legal requirements for the qualifications to participate in immigration proceedings. This raises legal questions: Who will be authorized to act on behalf of a skilled worker or a company in the future? And to what extent are these activities compatible with the Legal Services Act, which generally reserves legal advice for licensed lawyers? Will the Federal Government amend the Legal Services Act in connection with the establishment of the "Work and Stay Agency"?

The idea of transferring more responsibility to employers and relocation agencies is clearly aimed at relieving the burden on foreign missions and authorities . Parallel digital access could expedite applications, reduce waiting times, and shorten communication channels. However, this also creates a new gray area: if private agencies gain access to sensitive procedural data without being subject to clear legal oversight, there is a risk that the rule of law will be undermined. Furthermore, a new intermediate level could emerge where economic interests carry more weight than legal due diligence.

Conclusion: Opportunities exist – but clear legal guidelines are needed.

The policy paper outlining the "Work and Stay" agency sends a clear signal: The German government wants to make labor migration more practical, digital, and employer-friendly . This is fundamentally welcome – especially given the ongoing shortage of skilled workers. However, it remains questionable whether this will alleviate existing criticism of the Work and Stay agency from experts . Efficiency gains must not come at the expense of legal clarity. If employers and private relocators are to be more deeply involved in residency procedures in the future, clear rules for delineating legal responsibilities, transparent quality standards, and effective oversight are needed. The "Work and Stay" agency can be an important step toward modernizing skilled worker immigration – provided it maintains transparency and legal certainty.

📘 Source: Federal Ministry of Labour and Social Affairs, Key Points Paper on the Work and Stay Agency, available here