Domestic worker visa
All information on residence and employment law regulations for domestic workers.
Here you learn ...
which residence regulations apply to domestic workers
special features of labor, tax and social security law
Information on the residence of domestic workers during professional postings
Information on the stay of domestic staff with diplomats
Table of Content
1. Residence of domestic workers in Germany
2. Domestic workers on professional assignment
3. Domestic staff of diplomats
4. Domestic staff of employees of the Federal Foreign Office
5. Conclusion Stay of domestic workers in Germany
1. Residence of domestic workers in Germany
Domestic workers play a central role in many households when it comes to efficiently organizing and easing daily routines. Qualified domestic workers perform a wide range of tasks that go far beyond occasional support. They offer regular, professional assistance tailored to the individual needs of a household. This article examines the requirements for issuing visas to domestic workers on business assignments, diplomats and consuls, and employees of the Federal Foreign Office. For visas to domestic workers in the broader sense, especially au pairs, please refer to our corresponding VISAGUARD article .
It should also be noted that this article only refers to domestic workers who are actually employed under labor law . In many cases, domestic workers are not "employed" in the sense of residence law. According to the administrative instructions of the Federal Foreign Office, this applies, for example, "if the trip for the domestic helper integrated into the household of the applicant family also has a vacation/recreational character." According to the Federal Foreign Office, this is the case, for example, with hotel stays. However, the nature of the trip should not be assessed too narrowly.
If the domestic worker is actually employed in Germany according to the labor law definition, the general provisions regarding minimum working conditions in Germany apply (in particular, the Minimum Wage Act (MiLoG) , the Federal Vacation Act (BUrlG) , and the Working Hours Act (ArbZG) ). Employer contributions to social security contributions must also be paid. The domestic worker's employment contracts must contain corresponding provisions.
2. Domestic workers on professional assignment
An important application of the visa regulations for domestic workers concerns professional postings . The employment of domestic workers by foreign-based employers or their posted employees in Germany is possible under certain conditions. Posted workers are defined as individuals who work temporarily in Germany either for an employer based abroad or on behalf of a foreign company.
Taking domestic staff with you on a posting to Germany is permitted under Section 13 of the Employment Ordinance under the following conditions:
The domestic workers must have been employed in the posted person’s household in the country of origin for at least one year .
The employment must be for the care of a child under 16 years of age or a household member in need of care.
The examination as to whether the requirements are met is carried out by German diplomatic missions abroad (embassies and consulates) if a visa is required or by the German immigration authorities if nationals are allowed to enter without a visa and apply for a residence permit here ( Section 41 of the Residence Ordinance ).
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3. Domestic staff of diplomats
Private domestic staff of members of diplomatic or career consular Representations or employees of international organizations do not take up employment in Germany, but instead receive a status under the Vienna Convention on Diplomatic Relations (VCDR) or Consular Relations (VCCR), or under the respective host state agreements. The Federal Foreign Office treats the issuance of visas to private domestic staff as if they were entering the country for a diplomat or consular officer; there is no involvement of the employment agencies or the immigration authorities.
Private domestic staff can generally only be admitted after the seconded official or member of the international organization employing them has entered the country and registered . This requires, among other things, notification by the mission or international organization whose seconded member the private domestic staff is to be employed by, as well as submission of the relevant supporting documents, before a visa can be issued.
Because of repeated cases of abuse and exploitation of diplomats' domestic workers entering the country, the Federal Foreign Office is now conducting more stringent scrutiny of these applications. When applying for visas for private domestic staff, diplomatic missions abroad are asked to inform applicants about the minimum labor and social security standards applicable in Germany and to provide them with the " Information for Private Domestic Workers Working for Diplomats and Career Consular Officers " from the aid organization Ban Ying . In addition, a one-on-one interview with the domestic worker is conducted. This interview is an essential part of the visa application process, as it is the only way to identify any signs of exploitative working conditions.
4. Domestic staff of employees of the Federal Foreign Office
When it comes to the stay of third-country national domestic workers, employment with Federal Foreign Office staff is also of particular relevance. Domestic workers who have worked for Federal Foreign Office staff abroad under the Vienna Convention on Diplomatic or Consular Relations (VCDR/VCÜK) can continue to be employed in Germany under certain conditions. According to Section 13 No. 2 of the Employment Ordinance (BeschV) , this is possible if the domestic workers have already worked in the staff member's household abroad for at least one year and are to be continued in employment after their return to Germany. It is also important for domestic workers of Federal Foreign Office staff that the employment is for the care of children under 16 or persons in need of care, and that the relevant documentation is submitted.
Additional documents are required for the visa application, including confirmation from the foreign mission regarding previous employment and confirmation from the Federal Foreign Office regarding the duration of the domestic assignment. A job description and a draft employment contract must also be submitted. It must be ensured that the working conditions meet the standards of comparable German employees, as required by Section 39 of the Residence Act . This regulation applies exclusively to domestic workers of posted employees of the Federal Foreign Office and does not apply to private domestic workers of employees of foreign missions in Germany accredited in Germany.
Summary of this Page
The residence and employment of domestic workers in Germany is subject to a multitude of residence, labor, and social security regulations, which vary depending on the worker's origin and the type of employer. Domestic workers can come to Germany as part of professional assignments, in a diplomatic context, or through employees of the Federal Foreign Office. While special regulations based on international agreements apply to diplomatic assignments, the continuity of the employment relationship is paramount for professional assignments and continued employment by returning Federal Foreign Office officials. In all cases, careful review and documentation are required to ensure both the protection of domestic workers and compliance with German law. Compliance with minimum labor law standards and proof of an existing employment relationship are particularly essential for the successful issuance of a visa.
