Many people dream of living and working in Germany. Germany is not only regarded as an economically strong country with good working conditions, but also as an attractive destination for qualified specialists. However, the path to getting there is often long and complicated. One of the main obstacles is applying for a work visa and obtaining a work permit.
The procedures are complex, the legal hurdles are high, and for many applicants the process is associated with uncertainty, frustration and existential worries. Employers, on the other hand, often face bureaucratic challenges when they want to hire qualified international employees.
Anyone wishing to work in Germany as a third-country national, i.e. a person from a country outside the EU, the European Economic Area (EEA) and Switzerland, must generally apply for a work visa. This not only allows entry, but is also the basis for the subsequent work permit, which is issued as part of the residence permit.
But what are the requirements? Where do I submit the application? And how long does the procedure take?
In this article, we provide you with an up-to-date overview of the legal regulations relating to work visas and work permits in Germany. The aim is to provide you as an applicant, employer or advisory body with comprehensible guidance, tailored to the requirements of 2025.
The application for a work visa is usually submitted to the German embassy/consulate in the country of origin before entering Germany. After entering Germany, the electronic residence permit is applied for at the relevant immigration authority. For certain nationals (so-called "best friends"), the residence permit for work can be applied for at the relevant immigration authority within a period of 90 days after visa-free entry as a tourist (Australia, Israel, Japan, Canada, Republic of Korea, New Zealand, UK, USA).
Anyone coming to Germany from a non-EU country and wishing to work here generally requires a visa for the purpose of gainful employment. This visa allows you to enter Germany. After arriving in Germany, you must also apply for a work permit as part of a residence permit from the relevant immigration authority in your place of residence.
Important: The work permit is no longer a separate decision, but part of the electronic residence permit, as a corresponding note on gainful employment.
Without a valid work visa or residence title with a work permit, legal employment in Germany is generally not possible. The only exceptions to this are certain temporary jobs under strict conditions, which are listed in detail in the Employment Ordinance (so-called "non-employment fiction").
It is also possible to carry out an accelerated skilled worker procedure as long as the skilled worker is abroad. This also applies to family members who wish to enter the country together with the skilled worker.
We will check for you which procedure should be followed in order to be able to take up employment as quickly as possible.
The granting of a work visa and the associated work permit is a prerequisite:
The Federal Employment Agency checks in particular whether the working conditions meet German standards and - where the Employment Ordinance provides for this - also whether preferential applicants are available. Simplified procedures apply for skilled workers.
Since the reform of the Skilled Immigration Act, there are also new paths for certain occupational groups, particularly in shortage occupations.
The application for a work permit is usually made in the visa procedure and after entry as part of the application for a residence permit for gainful employment at the responsible immigration authority. This residence permit contains the work permit as an endorsement (e.g. "Employment permitted" or "Gainful employment permitted").
Prerequisites:
We help both employees / skilled workers and employers with the application process and ensure that employment can commence as quickly as possible.
Documents required for the immigration office:
Tip: Make an appointment at the Foreigners' Registration Office in good time, as waiting times of several weeks are possible.
Note: The residence permit will only be issued if the employment conditions meet the legal requirements. Employers should ensure that all information is provided correctly and completely in order to avoid delays or rejections.
Opportunity card (Section 20a Residence Act). Since 2024, the opportunity card has allowed qualified third-country nationals to enter the country to look for a job for up to 12 months. A points system assesses language skills, work experience, age and qualifications. There are also simplified rules for recognized skilled workers.
Western Balkans regulation (Section 26 (2) BeschV). Valid until the end of 2026 for applicants from Albania, Bosnia, Kosovo, Montenegro, North Macedonia and Serbia. Prerequisite is a concrete job confirmation in Germany. A professional qualification is not required.
EU Blue Card (§ 18g AufenthG). For academically qualified specialists with a gross annual salary of at least € 43,800 (STEM: € 39,682) or IT specialists. Advantages: accelerated family reunification, shortened path to a settlement permit, mobility within the EU, simplified change of job.
IT specialists without a degree (Section 19c (2) AufenthG). If you have at least 3 years of professional experience in IT, a residence permit can also be issued without a formal qualification.
Qualified vocational training and two years of professional experience. Skilled workers with qualified vocational training or at least two years of relevant professional experience and state-recognized training can also obtain a residence permit. Language skills and a minimum salary are required.
Recognition partnership. If the qualification is not sufficient, the work permit can be issued as part of a recognition partnership with an accompanying recognition procedure. One of the requirements is a language proficiency level of CEFR A2.
Fictitious certificate - transitional regulation for ongoing proceedings. If the residence title cannot be issued in time after the application has been submitted, the immigration authority issues a fictitious certificate. It extends the previous residence title or replaces it temporarily until a decision has been made on the new application. This legally secures, for example, continued employment in the previous job.
We will check for you which residence permit should be applied for in your case in order to be able to take up employment as quickly as possible.
The work permit is not a separate administrative act, but is issued at the same time as the electronic residence permit (eAT). In practice, this is done as a green "supplementary sheet" to the eAT. It states, for example, "Employment permitted as ... at ..." or a more precise restriction on the permitted activity. The eAT is a plastic card in credit card format with biometric features, chip and photograph.
Important notes:
In immigration proceedings, there are always delays or a lack of feedback from the responsible authorities.
If no decision is made on your application for a residence permit or work permit for more than three months, you have the option of taking legal action against the authorities' failure to act. This is particularly recommended in cases of employment as a recognized skilled worker due to the associated and enforceable legal claim.
Action for failure to act: According to § 75 VwGO, an action can be brought before the administrative court if the authority does not make a decision within 3 months. Prerequisite: A complete application has been submitted and there are no objectively justified delays on the part of the authority.
We will check for you whether an action for failure to act is promising in your case and help you to enforce your rights.
Appeal: Depending on the federal state, a complaint or appeal can be lodged against a negative decision by an immigration authority in Germany. These must be submitted in writing and within the deadline. The authority or the administrative court will then re-examine the case.
A third-country national is a person who is not a national of an EU member state, an EEA state or Switzerland.
Yes, third-country nationals generally require a work visa with an integrated work permit.
As a rule, the validity corresponds to the duration of the employment contract, max. 4 years. An extension is possible.
An objection is directed at the authority itself. If it is rejected, a complaint can be submitted to the administrative court. In many federal states, however, the objection procedure has been abolished, meaning that direct legal action must be taken.
It serves as a temporary solution while the application procedure is ongoing and entitles the holder to stay and work in the previous employment for the time being if this has already been approved.
The residence permit regulates the right of residence, the work permit determines whether gainful employment is permitted. However, the two are inextricably linked.
Yes, after a three-month waiting period and under certain conditions, employment can be approved by the immigration authority.
Applying for a work visa and work permit in Germany is complex and requires precise preparation. However, with the current regulations on the opportunity card, the Western Balkans regulation, the recognition partnership and the Skilled Immigration Act, there are new opportunities for qualified applicants. Those who inform themselves early on, avoid mistakes and receive professional support have the best chance of obtaining a fast, legally compliant permit.
As an experienced law firm for residence law based in Cologne, we can assist you with all questions relating to work visas, residence permits and work permits. We support you in the application process, correspondence with authorities and in objection and legal proceedings.
We kindly ask you to contact us by email.
We are also happy to help you by phone Monday to Friday from 9 a.m. to 12 a.m..
For legal advice appointments and Requests for new mandates, we kindly ask for a brief description of the situation by e-mail, stating your name and the phone number.
We are also happy to arrange consultation appointments via "MS Teams".
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