Applying for a Work Visa and Work Permit in Germany – Legal Requirements and the Application Process Explained in an Understandable Way

Many people dream of living and working in Germany. Germany is not only considered an economically strong country with good working conditions, but also an attractive destination for qualified skilled workers. But the road to get there is often long and complicated. A key obstacle: 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 concerns. Employers, on the other hand, often face bureaucratic challenges when they want to hire qualified international employees.

If you want to work in Germany as a third-country national, i.e. as a person from a country outside the EU, the European Economic Area (EEA) and Switzerland, you usually have to 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 apply? And how long does the procedure take?

In this article, we will give you an up-to-date overview of the legal regulations around the topic of work visas and work permits in Germany. The aim is to offer you as an applicant, employer or advisory body an understandable orientation, tailored to the requirements of 2025.

Why is a work visa necessary?

The application for a work visa is usually made before entering Germany at the German embassy/consulate in the country of origin. After entering Germany, the electronic residence permit is applied for at the responsible immigration authority. For certain nationals (so-called “best-friends”), after visa-free entry as a tourist, the residence permit for work can be applied for at the competent immigration office within a period of 90 days (Australia, Israel, Japan, Canada, Republic of Korea, New Zealand, UK, USA).

Anyone who comes to Germany from a non-EU country and wants to work here generally needs a visa for the purpose of employment. This visa allows entry into Germany. After arrival in Germany, a work permit must also be applied for as part of a residence permit at the competent immigration authority of the place of residence.

Important: Today, the work permit is no longer an independent decision, but part of the electronic residence permit, as a corresponding note on employment.

Without a valid work visa or residence permit with an employment permit, legal employment in Germany is generally not possible. The only exceptions to this are certain temporary activities under strict conditions, which are listed in detail in the Employment Ordinance (so-called “non-employment fiction”).

In addition, there is also the possibility of carrying 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 makes sense in order to be able to start employment as quickly as possible.

Requirements for a work visa and a work permit

The issuance of a work visa and the associated work permit requires:

• A concrete job offer in Germany
• A recognised or comparable professional qualification
• Compliance with labour law standards (e.g. wages, working hours, social security)
• The approval of the Federal Employment Agency (BA), unless there is a legal exception

In particular, the Federal Employment Agency checks whether the working conditions meet the German standard and – where the Employment Ordinance provides for it – also whether preferential applicants are available. Simplified procedures apply to skilled workers.

Since the reform of the Skilled Workers Immigration Act, there have also been new paths for certain occupational groups, especially in shortage occupations.

How do I apply for a work permit?

The application for a work permit is usually made during the visa procedure and after entry as part of the application for a residence permit for gainful employment at the competent immigration authority. This residence permit contains the work permit as a note (e.g. “Employment permitted” or “Employment permitted”).

Requirements:

• Existence of a concrete job offer in Germany
• Approval from the Federal Employment Agency (if required)
• Examination of the equivalence of qualifications (for regulated professions or certain skilled workers)

We help with the application process for both employees / skilled workers and employers and ensure that employment can be taken up as quickly as possible.

Required documents for the Foreigners’ Registration Office:

• Valid passport
• Proof of residence (e.g. rental agreement, registration certificate)
• Employment contract or promise of employment
• Notice of recognition or proof of qualification
• Proof of health insurance
• Biometric passport photo
• Form “Job description” (filled out by the employer)
• Information on salary, working hours and area of responsibility
• If applicable, proof of professional experience and language skills
• For IT specialists: Proof of at least three years of professional experience in the last seven years

Tip: Make an appointment with the Foreigners’ Registration Office in good time, as waiting times of several weeks are possible.

Note: The residence permit is only issued if the conditions of employment meet the legal requirements. Employers should ensure that all information is submitted correctly and completely to avoid delays or rejections.

Special regulations (as of 2025)

Opportunity card (§ 20a AufenthG). 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. Here, too, there are simplified rules for recognised 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. The prerequisite is a concrete job offer in Germany. A vocational qualification is not required.

EU Blue Card (Section 18g of the Residence Act). For academically qualified professionals with an annual gross 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 job change.

IT specialists without a degree (Section 19c (2) of the Residence Act). If you have at least 3 years of professional experience in IT, a residence permit can be issued even without a formal degree.

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-recognised training can also obtain a residence permit. Language skills and minimum salary are required.

Recognition partnership. If the qualification is not sufficient, the work permit can be issued within the framework of a recognition partnership with an accompanying recognition procedure. One of the prerequisites is a language level of GER A2.

Fictional certificate – transitional provision in the event of ongoing proceedings. If the residence permit cannot be issued in time after the application has been submitted, the Foreigners’ Registration Office will issue a fictional certificate. It extends the previous residence permit or temporarily replaces it until a decision has been made on the new application. This means, for example, that the continuation of work in the previous employment is legally secured.

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.

What does a work permit look like?

The work permit is not an administrative act in its own right, 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 says, 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 photo.

Important notes:

• “Employment permitted/permitted” – only (dependent) employment is permitted
• “Any gainful activity permitted/permitted” – self-employed and employed gainful employment are permitted
• Additional restrictions are possible via further notes

What to do if you have problems with the authority?

in proceedings under the law on foreigners, there are always delays or lack of feedback from the responsible authorities.

If your application for a residence permit or work permit is not decided on for more than three months, it is possible to take legal action against the authorities’ inaction. This is particularly recommended in cases of employment as a recognised specialist due to the associated and enforceable legal claim.

Action for failure to act: According to Section 75 of the Code of Administrative Court Procedure, an action can be brought before the administrative court if the authority does not decide 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.

Objection: Depending on the federal state, a lawsuit or objection can be filed against negative decisions of a foreigners’ authority in Germany. These must be made in writing and in due time. The authority or the administrative court then re-examines the process.

Frequently asked questions about work permits (FAQ)

Conclusion: Working in Germany with legal support from Maibaum Rechtsanwalts GmbH

Applying for a work visa and permit in Germany is complex and requires precise preparation. However, with the current regulations around the Opportunity Card, the Western Balkans Regulation, the Recognition Partnership and the Skilled Workers Immigration Act, there are new opportunities for qualified applicants. Those who inform themselves at an early stage, avoid mistakes and receive professional support have the best chances of a fast, legally compliant issuance.

As an experienced law firm for residence law based in Cologne, we are at your side for all questions relating to work visas, residence permits and work permits. We support you in filing applications, correspondence with authorities as well as in objection and lawsuit proceedings.