Hiring workers from the Western Balkans even without recognition?

The background

The shortage of skilled labour is a major challenge for many companies in Germany. It is becoming increasingly difficult to find qualified employees, particularly in skilled trades and technical professions such as electronics technicians. To counteract this problem, the German government has taken various measures, including the indefinite extension of the so-called West Balkan Regulation (”Westbalkanregelung”). The regulation offers workers from the Western Balkans simplified access to the German labour market, where full recognition of qualifications can be waived, thus opening up new opportunities for companies to sustainably recruit personnel from third countries.

What is the Western Balkans regulation?

The Western Balkans regulation is a special regulation in German immigration law (§ 26 (2) BeschV), which enables nationals from six Western Balkan states to work in Germany under simplified conditions. This regulation applies to the following countries:

1. Albania
2. Bosnia and Herzegovina
3. Kosovo
4. Montenegro
5. North Macedonia
6. Serbia

A particular advantage of the Western Balkans regulation is that it does not require professional qualifications to be recognised in Germany in order to enter the country and applies to any type of employment (with the exception of regulated professions).

Originally, the regulation was limited until the end of 2023. However, the most recent reforms to the Skilled Labour Immigration Act (FEG) have removed the time limit on the regulation and it can therefore be utilised until further notice (information on further changes as part of the FEG reforms can be found at Make it in Germany).

Process of recruitment from the Western Balkans

The process of taking up employment via the Western Balkans regulation is as follows in accordance with § 26 (2) BeschV:

1. Concrete job offer: The employer in Germany issues a binding job offer.
2. Application for preliminary approval: The employer must apply for preliminary approval (also known as approval with priority review) from the Federal Employment Agency in order to use the Western Balkans regulation (§ 36 (3) BeschV).
3. Prior approval check: The Federal Employment Agency checks whether there is no priority applicant available for the vacancy. Preferential applicants in this context can be, for example, job-seeking Germans or EU citizens. Further requirements for the granting of pre-approval are listed below.
4. Visa application: Once prior approval has been granted, the foreign worker can apply for a visa to enter and take up employment at the German diplomatic mission in the country of origin (a list of required documents, for example at the German embassy in Pristina/Kosovo, can be found here). Pre-approval can speed up the appointment process at the visa centres as well as the processing of the visa application.
5. Entry and commencement of work: After receiving the visa, the worker can enter Germany and commence work.

Prerequisites for utilising the regulation

For employers:

1. Existence of an employment contract or a binding job offer.
2. Employment conditions and remuneration must correspond to those of comparable German companies and jobs.

For employees:

1. Nationality of one of the six Western Balkan states mentioned above.
2. No receipt of benefits under the Asylum Seekers Benefits Act (AsylbLG) in the last 24 months.
3. For workers over 45 years of age: minimum salary of 55% of the annual contribution assessment ceiling in the general pension insurance scheme (currently equivalent to EUR 49,830) or proof of adequate pension provision.
4. Other visa requirements to be determined individually.

Contiguity:

The Western Balkans regulation is limited to an annual quota of 50,000 approvals by the Federal Employment Agency (Bundesagentur für Arbeit). This emphasises the need for employers to plan their utilisation at an early stage and to initiate the procedure in good time. Current information on the quota status can be found on the website of the Federal Employment Agency.

Conclusion: Attractive opportunity for the tight German labour market

The Western Balkans regulation offers German companies a promising opportunity to actively counter the shortage of skilled labour. It opens up access to motivated labour and can help to diversify and strengthen the workforce. In practice, however, the limitations of the scheme and the organisational effort involved present hurdles for employers. It is therefore important to plan the process carefully, anticipate possible challenges and make use of suitable support in order to successfully utilise the Western Balkans regulation.

In addition to the Western Balkans regulation, other initiatives, such as the Berufserfahrenen-Regelung or the beschleunigtes Fachkräfteverfahren, offer additional attractive opportunities to attract skilled workers from outside the Western Balkans.

How can heidi help you?

Would you like to find out more about ways of recruiting international skilled labour? Contact us now for a free initial consultation and find out how heidi can help you recruit skilled labour.