Home Office Visa
Legal information on home office and remote work for foreigners in Germany.
German Citizenship through VISAGUARD
when foreigners are allowed to work from home in Germany
whether you need a visa for the home office in Germany
when you can work remotely with a tourist visa
what alternatives there are for foreigners when working remotely
Table of Content
1. Remote work in Germany
2. Home Office Tourist Visa
3. Home Office residence permit and visa
4. Employer of Record Visa
5. Conclusion Visa Home Office and Remote Work Germany
1. Remote work in Germany
The opportunity to work remotely in Germany is attractive to many foreign professionals and digital nomads. But what legal requirements apply to non-EU citizens working remotely in Germany? What visa options are available? Are third-country nationals even allowed to work remotely in Germany? This article provides a comprehensive overview of the most important regulations for remote work in Germany for foreign nationals.
Is remote work permitted for foreigners in Germany?
In principle, permission to work remotely in Germany depends on nationality. EU citizens enjoy unrestricted freedom of movement and can live and work in Germany without a visa. Non-EU citizens generally require a suitable residence permit (e.g., a visa or residence permit ) that allows remote work. It should be noted that even home office work is, in principle, considered employment under German residence law. Therefore, a work permit is generally required for remote work in Germany.
2. Home Office Tourist Visa
Whether working from home is possible with a tourist Schengen visa is legally controversial and difficult to answer clearly. Initially, the law prohibits foreigners from working if they do not have a residence permit (prohibition subject to permission, Section 4a, Paragraph 1, Sentence 1 of the Residence Act ). Therefore, a residence permit is always required for employment, and unauthorized employment with a Schengen visa is even a criminal offense (Section 95, Paragraph 1a of the Residence Act).
However, one objection to the requirement of a work permit for working from home with a tourist visa is that a special labor market permit is not required if the work is not carried out for a German employer . According to this interpretation of the law, working from home for foreign employers with a tourist visa would therefore be possible. However, since the legal situation regarding remote work with a tourist visa is unclear, unfortunately, no general advice can be given at this point. If in doubt, you should consult a specialized lawyer regarding working from home with a Schengen visa/tourist visa, who can inform you about the specific risks.
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3. Home Office residence permit and visa
The question of whether remote work is possible with a tourist visa is different from the question of whether a home office job for a foreign employer can be used to obtain a residence permit . Unfortunately, there is no general answer here either, as the possibility of obtaining a work visa with remote work in Germany depends on the specific circumstances.
Domestic employment relationship
For most work visas, an employment contract must be concluded with a German company (so-called " domestic employment relationship ," Section 39, Paragraph 2, Sentence 1, No. 3 of the Residence Act). For the EU Blue Card, the requirement of domestic employment is specifically regulated in Section 18g, Paragraph 1, Sentence 1 of the Residence Act. A domestic employment relationship generally only exists if the company is based in Germany and social security contributions are paid in Germany. This is usually not the case if you work from home in Germany for a foreign employer.
Exceptions to domestic employment
However, there are exceptions to the domestic employment requirement. For example, foreign employers may allow you to work from home if you have a work permit for another purpose of residence (e.g., if you hold a residence permit for family reunification or if you are a holder of a settlement permit ). Another exception is work for nationals of "Best Friends" countries . According to Section 26 (1) of the Employment Regulations, certain nationals can also be granted a work permit "regardless of the employer's registered office."
4. Employer of Record Visa
If Section 26 (1) of the Employment Ordinance does not apply to you and you are neither a holder of a settlement permit nor eligible for a residence permit for other residence purposes (e.g., family reunification), you can apply for a home office work permit for a foreign employer through an " employer of record " or a payroll service provider . The employer of record/payroll service provider handles the accounting in Germany, so that taxes and social security contributions are also paid in Germany. This creates a domestic employment relationship, meaning that a residence permit can also be issued for home office activities. Please note, however, that this option is only available if you apply for a residence permit that does not require approval (e.g., EU Blue Card). Otherwise, the Federal Employment Agency will reject your application for employment with an employer of record due to the ban on temporary employment for foreigners (see Section 40 (1) No. 2 of the Residence Act).
Summary of this Page
Non-EU citizens wishing to work remotely or from home in Germany generally require a suitable residence permit with a work permit – even if they are working for a foreign employer. Remote work with a tourist visa is legally uncertain and can lead to illegal employment. Under certain conditions, special regulations or the use of an employer of record may be applicable for legal home office work. Companies and skilled workers should therefore seek legal advice early on to avoid legal risks and find a legally secure visa solution.
