Reviewed 29 Sep 2026

Germany's Western Balkans Rule: § 26(2) BeschV Conditions

Germany · Work Visa
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Key takeaway: § 26(2) BeschV says consents for any employment can be given, with a labour-market test, to nationals of six Western Balkan states; first consents need the application at a German mission in one of those states and are capped at up to 50 000 a calendar year. The Federal Employment Agency also lists other conditions, such as a contract or binding job offer and pay that covers living costs, and it excludes regulated professions.

Who it covers

The provision covers nationals of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia. Consents to take up any employment can be given, with a labour-market test (Vorrangprüfung). The wording is "can be given", so the rule alone does not promise consent.

Where the application is made

The first consent may only be given if the application for the residence title is made at the competent German mission in one of these states.

Other conditions the Federal Employment Agency lists

The Federal Employment Agency (BA) says the working conditions must match those of a comparable employee in Germany. The employer must have signed an employment contract with the person or made a binding job offer. The other visa-law conditions must also be met; for example, the pay must cover living costs. The person must not have received benefits under the Asylum Seekers Benefits Act in the last 24 months. For people older than 45 whose first BA consent is being sought, the BA states that a gross annual salary of 55 percent of the annual pension contribution ceiling (2026: 55,770 euros a year), or proof of adequate retirement provision, is needed. Regulated professions are excluded; the BA gives doctors as an example and says the qualification must first be recognised. For other work, the BA says recognition of the professional qualification is not a condition.

The annual limit

The ordinance limits the number of consents in the cases of its second sentence, the rule on first consents, to up to 50 000 per calendar year. The text sets the limit for these cases together; it does not itself divide it by country or month. The BA says its consents are divided by month and by nationality, and that applications can be processed only while the monthly quota for that nationality is not used up. Its own example is a worker from Kosovo whose employer may receive pre-approval only in December although the application was made in June. The BA publishes its current processing status on its page, so check it before planning.

When consent is not given

Consent may not be given if, in the 24 months before the application, the applicant received benefits under the Asylum Seekers Benefits Act (Asylbewerberleistungsgesetz).

Planned change to the limit

In an answer to a parliamentary question dated 4 August 2025 (Bundestag printed paper 21/1126), the federal government said the annual limit was 25 000 until the end of May 2024 and, according to the coalition agreement, is to return to that level. It said there was as yet no concrete timetable for the legal changes. The ordinance text read on 7 October 2026 still says 50 000 per calendar year, and so does the BA page. Check the current text of § 26(2) BeschV before you plan, especially around the start of a new calendar year.

What this article does not establish

It does not state current waiting times, other routes (such as the EU Blue Card) or naturalisation rules. Confirm current conditions with the German mission and the Federal Employment Agency.

Questions before acting

Can the first application be made from inside Germany?

The ordinance says the first consent may only be given if the application is made at the competent German mission in one of the six states.

Is the 50 000 limit per country?

The text limits the consents in these cases to up to 50 000 per calendar year and does not divide that number by country. The BA says its consents are divided by month and nationality.

Does the rule mean consent is always given?

No. The ordinance says consents can be given, and the BA lists further conditions, such as an employment contract or binding job offer and pay that covers living costs.

Does the rule cover regulated professions such as doctors?

The BA says regulated professions are excluded, gives doctors as an example, and says the qualification must first be recognised.

Is the 50 000 limit going to change?

In August 2025 the federal government said the limit is to return to 25 000 under the coalition agreement but that no concrete timetable existed. The ordinance text read on 7 October 2026 still says 50 000.

Corrections in this revision

The previous version included statements without sufficient direct support. This revision removes or corrects:

  • 'No age restriction' statement: removed
  • Outdated minimum wage, Blue Card and citizenship figures: corrected
  • Procedure described in the wrong order: corrected
  • Asylum bar described as being about voluntary-return benefits: corrected
  • Headline and disclaimer implying place of application was the only condition: replaced by the Federal Employment Agency's list
  • Unsourced trade-press reports of a specific halving date: removed; no official source or ordinance text states a date
  • Generic FAQ: removed

Review scope: legal and financial statements in this revised article. Recheck on a provider, professional, immigration or tax-rule change; reuse of dated figures requires a new check.

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About the author

António Mira is the founder of whereTOemigrate. For over a decade he has worked at the intersection of Portuguese real estate and overseas business, helping international clients navigate the cross-border decisions that come with relocating. He sits on the board of CCIAP (Portuguese-Arab Chamber of Commerce), the Portuguese-Saudi Business Council, and the Portugal-Hong Kong Business Association — always with one focus: enabling overseas business and human mobility into and out of Portugal.

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