The work permit is the approval of the Foreigners’ Registration Office that a foreigner is allowed to work in Germany. The permission to work in Germany is not linked to every residence permit. The work permit is not an additional document.
It is merely an entry in the electronic residence permit. Whether you are allowed to work in Germany as a foreigner depends essentially on which country you come from or which residence permit you already have.
In this article, we will show which foreigners do not need a work permit, what a work permit is, and which residence permits entitle you to work.
If you are looking for a fast way to get a work permit, the opportunity card could be attractive to you.
Do you need a work permit in Germany? Working in a foreign country is associated with many challenges. We would like to help you at least overcome the legal hurdles. As experienced lawyers in migration law, we support you in this important step.
Contact us at any time for an initial consultation!
Which foreigners are allowed to work in Germany?
As a foreigner, you are not allowed to work in Germany without further ado. Who is allowed to work in Germany and when depends on the country of origin and residence status. With regard to the country of origin, a distinction is made between different groups.
All persons who are citizens of a member state of the European Union (EU) can enter Germany without a visa and work here without needing a separate work permit. This is one of the fundamental freedoms of the EU, which also includes the free movement of persons and services.
The same applies to nationals of EEA countries. EEA stands for European Economic Area. In addition to the EU states, this also includes Liechtenstein, Norway and Iceland. In addition to EEA and EU countries, Swiss nationals can also enter Germany and work here without a visa.
Third countries
All countries except the EU and EEA states are considered so-called third countries. For third-country nationals, they usually need a visa to enter the country and apply for a residence permit with a corresponding work permit.
An exception applies to certain third countries. These are Australia, Israel, Japan, Canada, the Republic of Korea (South Korea), New Zealand, the United Kingdom of Great Britain and Northern Ireland, and the United States of America (so-called “best-friends”). Citizens of these countries can enter Germany without a visa, but must apply for a residence permit and a work permit in Germany.
Special case of Great Britain
With the withdrawal of the United Kingdom and Northern Ireland from the European Union on 31.12.2020, the European fundamental freedoms no longer apply there. British citizens therefore need a work permit to work in Germany and the EU.
However, British nationals who have already worked in Germany as employees, self-employed persons based in Germany or British cross-border commuters by 31.12.2020 can continue to work in Germany.
What is a work permit?
The work permit is an entry in the electronic residence permit that certifies that you are allowed to work in Germany as a foreigner.
If no gainful employment is permitted, but would be possible after application, it says “Gainful employment only with the consent of the Foreigners’ Registration Office“. In certain situations, it may be that you are not (yet) allowed to work as a foreigner and therefore there is a ban on working “Employment not permitted“.
Other variants are the restricted and unrestricted work permit. In the case of a restricted work permit , the electronic residence permit will indicate with which employer and to what extent employment is permitted. In this case, it is usually necessary to apply for a work permit before taking up other employment. The only exceptions here are the Blue Card.
If the electronic residence permit says “Employment permitted“, you have an unlimited work permit and can take up work without prior approval from the Foreigners’ Registration Office.
Employment or gainful employment
In the electronic residence permit, a distinction is made between employment and gainful employment. In this context, employment is to be understood only as dependent work. This is the case if you are employed by your employer as an employee and work for it.
Gainful employment as a generic term also includes the possibility of pursuing a self-employed activity, e.g. freelancing.
If only employment is permitted, one may only work as a dependent employee, but may not take up self-employment without further ado. If gainful employment is permitted, you can work as an employee or become self-employed.
When do foreigners need a work permit?
If you have come to Germany as a refugee and have applied for asylum here, are already recognised as a refugee, enjoy subsidiary protection or have a temporary suspension of deportation, it depends on your status whether you are allowed to work or not. In the first three months of your stay in Germany, you are generally not allowed to work.
Asylum seekers whose asylum application has not yet been decided
If you have applied for asylum, you are entitled to a work permit after three months if you are not obliged to live in a reception centre. If you are obliged to live in a reception centre as an asylum seeker and you have minor children, you are allowed to work after 6 months. After 9 months, you are allowed to work as an asylum seeker, even if you are obliged to live in a reception centre.
If you come as an asylum seeker from a so-called safe country of origin, you have no access to the labour market.
The following countries of origin are currently considered safe countries of origin : Albania, Bosnia and Herzegovina, Georgia, Ghana, Kosovo, the former Yugoslav Republic of Macedonia (North Macedonia), Montenegro, the Republic of Moldova, Senegal and Serbia.
Toleration
If your asylum application has been rejected and you are not recognised as a refugee or as a beneficiary of subsidiary protection, you will usually only receive a temporary suspension of deportation. If you are obliged to live in a reception centre as a tolerated person, you are allowed to work after 6 months. Without an obligation to live in a reception facility, you are allowed to work as a tolerated person after only 3 months of toleration.
If you are responsible for the obstacle to deportation yourself or if you do not participate in the deportation, you are not allowed to work. If you come from a safe country of origin as a tolerated person, you are also not allowed to work.
Apply for a work permit
If you are an asylum seeker or in possession of a temporary suspension of deportation, you must also apply for a work permit at the Foreigners’ Registration Office. The same applies if their residence permit contains the addition “Gainful employment only with the consent of the Foreigners’ Registration Office”.
Persons entitled to asylum, recognised refugees and persons entitled to subsidiary protection
If the asylum application has been approved and there is an entitlement to asylum, there is unrestricted access to the labour market. Recognised refugees and beneficiaries of subsidiary protection also have unrestricted access to the labour market. They may also be self-employed.
The residence permit is also issued with the corresponding work permit on the electronic residence permit. An application or approval from the Foreigners’ Registration Office is not required in these cases.
Settlement permit
Anyone who is in possession of a settlement permit (Section 9 of the Residence Act) or an EU permanent residence permit (Section 9a of the Residence Act) may accept any employment or engage in any self-employed activity without restrictions. Prior approval from the Foreigners’ Registration Office is not required.
The settlement permit is printed with the addition “Employment permitted” by default.
How can I work independently in Germany?
Anyone who wants to come to Germany as a third-country national and carry out a self-employed activity here can do so with a residence permit for the purpose of self-employment in accordance with Section 21 of the Residence Act or a special permit from the Foreigners’ Registration Office for the previous residence permit.
In order to obtain such a residence permit pursuant to Section 21 of the Residence Act, the following three conditions must be met cumulatively:
- there is an economic interest or a regional need for the activity
- the activity is expected to have a positive impact on the economy
- the financing to implement the activity is secured or guaranteed by a loan commitment.
As a rule, it can only be assessed whether these requirements are met if the planned self-employed activity is based on a viable business idea and the applicant has the appropriate qualifications. However, there are also facilitations due to international treaties (such as settlement agreements).
Graduates of German universities, researchers and scientists
For a certain group of people, there are facilitations when applying for a residence permit in accordance with Section 21 of the Residence Act. Anyone who is a graduate of a state or state-recognised university or comparable educational institution in Germany may obtain a residence permit in accordance with Section 21 of the Residence Act, in deviation from the requirements set out in paragraph 1.
The same applies to researchers or scientists who have a residence permit pursuant to §§ 18b, 18d, 19c para. 1 Residence Act or an EU Blue Card. The intended self-employed activity must be study-related or related to the academic activity.
Possession of another residence permit (Section 21 (6) of the Residence Act)
Persons who are already residing in Germany and have another residence permit may be allowed to engage in self-employment while retaining this residence permit, even if the conditions set out in subsection (1) are not met. However, the knowledge or prerequisites required for the exercise of the activity must be present.
Conclusion: Work permit
- Work permit and residence permit: The work permit is an entry in the electronic residence permit and determines whether and to what extent a foreigner is allowed to work in Germany. It depends on the country of origin and the respective residence permit.
- Freelance employment for EU/EEA nationals: Citizens of the EU and the European Economic Area (EEA) as well as Switzerland do not need a work permit and can enter and work in Germany without a visa.
- Regulations for third-country nationals: Third-country nationals (outside the EU/EEA) usually need a visa and a residence permit with a work permit. Certain third-country nationals (e.g. from Australia, Japan, USA) can enter Germany without a visa, but must apply for a work permit in Germany.
- Special case of Great Britain: After Brexit, British nationals will need a work permit if they have not already worked or worked in Germany before 31.12.2020.
- Work permit for asylum seekers and tolerated persons: Asylum seekers are allowed to work after three months, provided they are not obliged to live in a reception centre. Tolerated persons can work after six months, provided they do not come from a safe country of origin or are opposed to deportation. In most cases, it is necessary to apply for a work permit at the Foreigners’ Registration Office.
- Self-employment for third-country nationals: Third-country nationals can work with a special residence permit for the purpose of self-employment (Section 21 of the Residence Act) if this serves economic interests or regional needs, positive economic effects are expected and financing is secured. Simplified application requirements apply to graduates of German universities, scientists and researchers.
FAQ: Work permit
What is a work permit and how do I get it?
The work permit is an entry in the electronic residence permit that certifies whether and to what extent a foreigner is allowed to work in Germany. It is issued by the Foreigners’ Registration Office and depends on the country of origin and the residence permit.
Do I need a work permit in Germany as an EU citizen?
No, nationals of the EU, EEA (including Liechtenstein, Norway and Iceland) and Switzerland do not need a work permit and can enter and work in Germany without a visa.
Are there any exceptions to these requirements?
Yes, there are exceptions to the usual requirements in the event of illness, disability or low integration needs. Simplified conditions also apply to persons who have been entitled to reside for many years and family members of Germans.
What regulations apply to third-country nationals?
Nationals from third countries (outside the EU/EEA) usually need a visa and a residence permit with a work permit. Certain third-country nationals (e.g. from Australia, Japan, USA) can enter Germany without a visa, but must apply for a work permit in Germany.
What will apply to British nationals after Brexit?
After Brexit, British nationals will need a work permit to work in Germany, unless they have already worked in Germany before 31.12.2020 and have registered their activity.
Are asylum seekers and tolerated persons allowed to work in Germany?
Yes, but only under certain conditions. Asylum seekers are allowed to work after three months if they are not obliged to live in a reception centre. Tolerated persons are allowed to work after six months, unless they come from a safe country of origin or prevent their deportation. In these cases, a work permit must usually be applied for.
How can I become self-employed as a third-country national in Germany?
Third-country nationals can obtain a residence permit for self-employment if there is an economic interest or a regional need, positive economic effects are expected and funding is secured.
Simplified conditions apply to graduates of German universities and scientists. Anyone who is already in Germany and has a residence permit can also apply for a permit to carry out self-employment.
What work permit do refugees and beneficiaries of subsidiary protection need?
Recognised refugees and beneficiaries of subsidiary protection have unrestricted access to the labour market and can carry out both employed and self-employed activities. An application or approval from the Foreigners’ Registration Office is not required in these cases, as this is granted with the respective residence permit.
What does the entry “Employment/gainful employment not permitted” in the residence permit mean?
This entry means that the person in question is not allowed to pursue any gainful employment in Germany. A change of this status must be applied for at the Foreigners’ Registration Office.
How to apply for a work permit?
The work permit must be applied for at the responsible immigration authority. This is required if the residence permit contains the addition “Employment/gainful employment only with the consent of the Foreigners’ Registration Office” or if you need a work permit as an asylum seeker or tolerated person.
Image credits: photographer | stock.adobe.com
