The work permit is the approval of the foreigners authority that a foreigner may work in Germany. Permission to work in Germany is not linked to every residence title. 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 essentially depends on which country you come from or which residence permit you already have.
In this article, we show which foreigners do not need a work permit, what a work permit is and which residence titles entitle you to gainful employment.
If you are looking for a quick route to a work permit, the opportunity card could be attractive for 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 overcome at least 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!
Contents:
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. A distinction is made between different groups with regard to the country of origin.
All persons who are nationals of a member state of the European Union (EU) can enter Germany without a visa and work here without requiring a separate work permit. This is one of the fundamental freedoms of the EU, which also includes freedom of movement and freedom to provide services.
The same applies to nationals of EEA countries. EEA stands for European Economic Area. In addition to the EU countries, 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.
All countries other than the EU and EEA states are considered third countries. Third-country nationals generally require a visa to enter the country and must 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.
With the withdrawal of the United Kingdom and Northern Ireland from the European Union on December 31, 2020, the fundamental European freedoms no longer apply there. British citizens therefore require a work permit to work in Germany and the EU.
However, British nationals who were already working in Germany as employees, self-employed persons based in Germany or British cross-border commuters until December 31, 2020 can continue to work in Germany.
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 will say"Gainful employment only with the consent of the immigration authority". In certain situations, you may not (yet) be allowed to work as a foreigner and therefore be prohibited from working"Gainful employment not permitted".
Other variants are the restricted and the unrestricted work permit. In the case of a restricted work permit, the electronic residence permit states which employer and to what extent employment is permitted. In this case, a work permit must normally be applied for before taking up other employment. There are only exceptions to this with the Blue Card.
If the electronic residence permit states"Gainful employment permitted", you have an unrestricted work permit and can take up work without the prior consent of the immigration authority.
The electronic residence permit distinguishes between employment and gainful employment. In this context, employment only refers to dependent work. This is the case if you are employed as an employee by your employer and work for them.
Gainful employment as a generic term also includes the possibility of self-employment, e.g. freelance work.
If only employment is permitted, you may only work as a dependent employee, but not take up self-employment without further ado. If gainful employment is permitted, you can work as an employee or become self-employed.
If you have come to Germany as a refugee and have applied for asylum here, have already been recognized as a refugee, enjoy subsidiary protection or have a tolerated stay permit, it depends on your respective status whether you are allowed to work or not. You are generally not allowed to work during the first three months of your stay in Germany.
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 center. If you are obliged to live in a reception center as an asylum seeker and you have underage children, you are allowed to work after 6 months. After 9 months you may work as an asylum seeker, even if you are obliged to live in a reception center.
If you are an asylum seeker from a so-called safe country of origin, you have no access to the labor market.
The following 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.
If your asylum application has been rejected and you are neither recognized as a refugee nor as a person entitled to subsidiary protection, you will generally only receive a tolerated stay. If you are obliged to live in a reception center as a tolerated person, you are allowed to work after 6 months. If you are not obliged to live in a reception center, you may work as a tolerated person after 3 months of toleration.
If you are responsible for the obstacle to deportation or if you do not cooperate in the deportation, you are not allowed to work. If you are a tolerated person from a safe country of origin, you are also not allowed to work.
If you are an asylum seeker or in possession of a tolerated stay permit, you must also apply for a work permit from the immigration authority. The same applies if your residence permit states "Gainful employment only with the consent of the immigration authority".
If the asylum application has been approved and there is a right to asylum, there is unrestricted access to the labor market. Recognized refugees and beneficiaries of subsidiary protection also have unrestricted access to the labour market. They may also be self-employed.
The corresponding work permit on the electronic residence permit is also issued with the residence permit. An application or approval from the foreigners authority is not required in these cases.
Anyone in possession of a settlement permit (§ 9 AufenthG) or an EU permanent residence permit (§ 9a AufenthG) may accept any employment or engage in any self-employed activity without restriction. Prior approval from the immigration authority is not required.
The addition "Gainful employment permitted" is printed on the settlement permit by default.
If you come to Germany as a third-country national and wish to work here as a self-employed person, you can do so with a residence permit for self-employment in accordance with Section 21 AufenthG or with a special permit from the immigration authority for the previous residence title.
In order to obtain such a residence permit in accordance with § 21 AufenthG, the following three requirements must be met cumulatively:
Whether these requirements are met can generally only be assessed if the planned self-employed activity is based on a viable business idea and the applicant has the relevant qualifications. However, there are also simplifications based on international treaties (such as settlement agreements).
For a certain group of persons, simplifications apply when applying for a residence permit in accordance with § 21 AufenthG. Anyone who is a graduate of a state or state-recognized university or comparable educational institution in Germany can obtain a residence permit in accordance with § 21 AufenthG in deviation from the requirements specified in paragraph 1.
The same applies to researchers or scientists who hold a residence permit in accordance with Sections 18b, 18d, 19c (1) AufenthG or an EU Blue Card. The intended self-employed activity must be study-related or related to the academic activity.
Persons who already reside in Germany and hold another residence title may be permitted to exercise a self-employed activity while retaining this residence title, even if the requirements specified in paragraph 1 are not met. However, the knowledge or requirements necessary for exercising the activity must be met.
Wenn Sie allgemeine Fragen zum Ausländerrecht haben oder eine kompetente Beratung benötigen, setzen Sie sich mit uns in Verbindung. Unsere Anwaltskanzlei ist spezialisiert auf alle Themen, die das Ausländerrecht betreffen.
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 authority and depends on the country of origin and the residence permit.
No, citizens of the EU, the EEA (including Liechtenstein, Norway and Iceland) and Switzerland do not require a work permit and can enter Germany and work without a visa.
Yes, there are exceptions to the usual requirements in the case of illness, disability or minor integration needs. Easier requirements also apply for long-term residents and family members of Germans.
Citizens from third countries (outside the EU/EEA) generally require a visa and a residence permit with a work permit. Certain third-country nationals (e.g. from Australia, Japan, USA) can enter the country without a visa, but must apply for a work permit in Germany.
After Brexit, British nationals will need a work permit to work in Germany, unless they have already worked in Germany before December 31, 2020 and have registered their activity.
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 center. Tolerated persons are allowed to work after six months, unless they come from a safe country of origin or are preventing their deportation. In these cases, a work permit must usually be applied for.
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 to be expected and financing is secured.
Simplified conditions apply to graduates of German universities and academics. Anyone who is already resident in Germany and has a residence permit can also apply for a permit to work as a self-employed person.
Recognized refugees and beneficiaries of subsidiary protection have unrestricted access to the labour market and can pursue both employed and self-employed activities. An application or approval from the foreigners authority is not required in these cases, as this is granted with the respective residence permit.
This entry means that the person concerned is not permitted to pursue gainful employment in Germany. An application to change this status must be submitted to the Foreigners' Registration Office.
The work permit must be applied for at the responsible immigration authority. This is necessary if the residence permit contains the addition "Employment/gainful employment only with the consent of the foreigners authority" or if you require a work permit as an asylum seeker or tolerated person.
Image credits: fotografin | stock.adobe.com
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".
You are currently viewing a placeholder content from Facebook. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from hCaptcha to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from Turnstile to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Instagram. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from X. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More Information