HERE YOU LEARN ...
... when Expat Law (labor migration law) is important for you
... whether you need a work permit for Germany
... how to get a work permit as a foreigner
... what activities you are allowed to carry out as a foreigner
... how to apply for a change of employer and what you need to do if you want to change jobs
Written by:
Attorney
Publication date:
05.12.2023
Reading time
8 mins
Table of Content
3. How do I get a work permit as a foreigner?
4. What activities can I do with my work permit?
5.1 Changing employers with the EU Blue Card
5.2 Changing employers with a work visa
5.3 Documents for changing employers
5.4 Where and how do I apply for a change of employer?
1. What is labor migration law and expat law?
Labor migration law is a separate legal area at the interface between labor law and migration law. Here you will find out which special features foreigners must take into account when working in Germany. The following explanations describe how you must behave towards the authorities (Federal Employment Agency, immigration authorities, foreign representations) if, for example, your employment contract has been terminated or you want to change jobs, and what cooperation and information obligations you have towards the immigration authorities.
However, this article only covers the necessary steps to take with the public authorities. If you need further legal support, you must hire a lawyer who specializes in employment law.
2. Do I need a work permit in Germany? (Non-EU)
In the law governing the employment of foreigners, the question often arises as to whether a work permit is required at all if a foreigner wants to work in Germany. There are often major misunderstandings here, particularly on the company side, when it comes to business trips, home offices and secondments. But labor law for foreigners is also often difficult for consumers and employees to understand, as the regulations on promotions, changing employers or work permits for students are complicated and confusing. Formal, easily avoidable errors can quickly lead to high penalties (see below).
Basic rule: Non-European foreigners need a work permit to work
The question of whether foreigners need a work permit in Germany is basically easy to answer: Every foreigner needs a visa or a residence permit to work in Germany. This also applies to foreigners who can enter Germany without a visa (e.g. US Americans, Canadians and British citizens). The only exception to this are European citizens. European citizens do not need a work permit or a visa to work in Germany. All other non-European citizens usually need a residence permit that allows them to work in Germany.
The respective residence permit must indicate the employer and the corresponding activity in the residence card (e.g. “Software Engineer at Company X”). Working without a residence permit that allows exactly this activity constitutes illegal employment. This applies even if only the position or job title is changed within the same company (e.g. in the case of a promotion). These strict regulations can quickly lead to very high fines and penalties for the employee and the employer.
In particularly serious cases and in the event of frequent repetitions, the employee may be banned from entering and staying in the country and the employer may be prohibited from employing foreigners.
Exceptions to the work ban for foreigners
As always in law, there are exceptions and exceptions to the basic rule of the ban on foreigners being employed without a residence permit. The most common exceptions are the so-called "non-employment fictions", which deliberately exempt some activities from the work ban. In practice, the most relevant business trip for employees of a foreign company is when the business traveler can enter without a visa (e.g. US Americans, Canadians and British nationals) and stays in Germany for less than 90 days. A business trip occurs when you hold meetings or negotiations in Germany for an employer based abroad, conclude contracts or monitor the implementation of a contract. This includes most foreigners who come to Germany only to represent their employer in negotiations and are received by German companies in this context. In this case, no work permit is necessary. However, it should be noted that such business trips involve a great risk. As soon as the limits of the business trip are exceeded, it automatically becomes an illegal activity. The boundaries are often fluid, especially when it comes to consulting services, so special caution is required here. If in doubt, a lawyer specializing in migration law should be consulted to assess whether the intended activities still constitute a business trip that does not require a permit, or whether a work permit is already required.
Also very relevant in practice is the permit-free work for C-level employees (e.g. CEO and CFO) and managers or senior employees of a company. These groups of people do not need a residence permit to work in Germany if the employment is carried out for a period of up to 90 days within 180 days. Whether it is a C-level position is determined not only by the employment contract, but also by the powers of representation under company law. If there are any doubts here, it is advisable to apply for a Schengen visa and disclose the extent of the power of representation to the embassy during the visa process. If the embassy then issues the Schengen visa, it can be assumed that no work permit is required (because Schengen visas are not usually issued with a work permit). Any accusation of illegal employment can then be countered by the fact that the embassy also assumed that no work permit was required. This can exclude, for example, so-called intent and thus criminal liability.
The bottom line is that a work permit is generally required if you want to work in Germany as a foreigner or employ a foreigner. This is certainly the case if the foreigner does not hold a C-position and it is not a short business trip.
3. How do I get a work permit as a foreigner?
The work permit is generally issued by the Federal Employment Agency. However, no separate application for the permit needs to be submitted to the Federal Employment Agency (unless it is a case of prior approval), as the embassies and immigration authorities automatically forward the documents (namely the declaration of employment relationship, the employment contract and the job description) to the Federal Employment Agency. The agency then issues the work permit directly to the application authority (internal approval), which includes the permit directly in the visa or residence permit (so-called “secondary condition”). When applying for the visa, you are therefore usually not even aware that you are applying for a work permit at the same time as the visa.
For more information on applying for a work permit, see our Human Resource Compliance Guide.
The work permit can also be applied for through the so-called "pre-approval" from the Federal Employment Agency. You can find further information on this in our HR guide for labor migration law.
The work permit can also be applied for through the so-called "pre-approval" from the Federal Employment Agency. You can find further information on this in our HR guide for labor migration law.
4. What activities can I do with my work permit?
The exact activities covered by your work permit are stated on your residence card (electronic residence permit (eAT)) or on the so-called “supplementary sheet”. This usually states which position you are permitted to hold at which company (e.g. “Software Engineer at Company X”). You are not permitted to do any other work than that noted on your residence permit. This applies even if you are only changing positions within the company (e.g. if you are promoted).
An exception to this rule is the change of employment with the EU Blue Card. Since the reform of the EU Blue Card in November 2023, a Blue Card holder no longer needs permission from the immigration authorities to change jobs. As a holder of an EU Blue Card, you no longer have to submit an application to the immigration authorities, you only have to inform the immigration authorities about your change of job. The immigration authorities can object to the change of job (if the requirements for issuing an EU Blue Card are no longer met), but it is not expected that the completely overloaded immigration authorities will make extensive use of this option.
An exception to this rule is the change of employment with the EU Blue Card. Since the reform of the EU Blue Card in November 2023, a Blue Card holder no longer needs permission from the immigration authorities to change jobs. As a holder of an EU Blue Card, you no longer have to submit an application to the immigration authorities, you only have to inform the immigration authorities about your change of job. The immigration authorities can object to the change of job (if the requirements for issuing an EU Blue Card are no longer met), but it is not expected that the completely overloaded immigration authorities will make extensive use of this option.
5. Change of employer
In principle, residence permits that allow employment are only valid for one employer. If an employer is listed in the residence permit, residence permit or work visa, employment may only be carried out for this employer. Self-employment is also not permitted.
In order to change employers, you usually need approval from the immigration authorities. This must be applied for at the relevant immigration authorities. The only exception to this rule at the moment is changing employers with the EU Blue Card.
5.1 Changing employers with the EU Blue Card
Since the reform of the EU Blue Card on November 18, 2023, a new feature is that the immigration authorities can theoretically prohibit a change of employer in the first 12 months of holding the EU Blue Card, but no longer have to agree to a change of employer. So while it was previously fundamentally forbidden to change jobs until the immigration authorities gave permission (permission reservation), the legislature has now turned this around and generally allowed a change of job until the immigration authorities prohibit it (prohibition reservation). As a result, with regard to a change of job for the holder of an EU Blue Card, it can be stated that since the reform, the immigration authorities only have to be informed. This can be done in any conceivable way (e.g. online contact form, email, post), as there is no specific form for this. The immigration authorities can then prohibit the change of employer, but as long as they do not actively do so, the change of employer is permitted. It should be noted, however, that these regulations only apply to the EU Blue Card and that in order to change employers with the EU Blue Card, the requirements of the EU Blue Card (salary threshold and qualification level) must continue to be met.
5.2 Changing employers with a work visa
If you do not have an EU Blue Card, you must apply to the immigration authorities for permission to change employers. The immigration authorities will then regularly check with the Federal Employment Agency whether the requirements for changing employers are met. These requirements vary depending on your residence status and the type of employment. In principle, however, the main focus of the official check is whether all working conditions are complied with in accordance with German labor laws (salary level, working hours, vacation, reliability of the employer).
5.3 Documents for changing employers
When applying for a change of employer, at least the following documents must be submitted to the immigration authorities:
Statement on employment relationship
The employment relationship statement must be completed and signed by the employer. Human resources departments in larger companies are usually familiar with the form and know how to fill it out.
Job description
The job description should contain a fairly brief description of the tasks to be performed and the requirements for the position. The authorities will use the job description to check whether your qualifications match the job you are performing (so-called suitability test).
Employment contract
The employment contract must also be submitted. The legality of the working conditions will be checked on the basis of the contract.
Further documents
As a rule, the documents mentioned are sufficient to apply for a change of employer. However, depending on the immigration authority, additional documents may be required (e.g. registration certificate and passport). It is therefore advisable to check the homepage of the relevant immigration authority to see what other documents the authority requires.
The required documents for the immigration authorities in Berlin, Frankfurt am Main and Munich can be viewed here, for example:
5.4 Where and how do I apply for a change of employer?
The application to change employer is not subject to any specific form. This means that the application can be submitted in any way imaginable (theoretically even by telephone). In practice, however, a method that allows proof of the application is of course recommended. Most immigration authorities now allow applications to be submitted online using the relevant contact form. In the relevant contact form, there is then a selectable option "Apply for a change of employer". You then simply have to enter your personal data and attach the documents mentioned as a scan or photo.
The online portals for applying for a change of employer at the major immigration authorities (Berlin, Frankfurt am Main, Munich) can be found here:
When using the online portals, you should make sure that you receive a confirmation of receipt by email. In case of doubt, this serves to prove that you actually applied for the change of employer. Proof of the date of the application can be helpful, for example, if you want to hire a lawyer to enforce your application with the immigration authorities. In this respect, a lawyer specializing in immigration law has the option of filing a lawsuit after three months due to the inaction of the immigration authorities (so-called inaction lawsuit). However, it must then be proven in court that more than three months have passed since the application was submitted. The confirmation of receipt is then necessary for this.
From a legal point of view, there is no obligation to use the online portals. The change of employer can also be submitted in any other way (e.g. by email or post). In practical terms, however, most immigration authorities have switched off their public email addresses since the introduction of the online portals.
6. FAQ (Expat Law)
How long can I work per week as a foreigner?
As a foreigner you are allowed to work up to 48 hours per week in Germany.
How long are foreigners allowed to work per day?
You are allowed to work up to 8 hours per day (Section 3 ArbZG). Working hours can be increased to up to 10 hours per day under certain conditions.
How many breaks can I take per day?
Every employee is entitled to at least 30 minutes break per day (Section 4 ArbZG).
How much vacation do foreigners have in Germany?
As a foreigner, you have at least 20 days of vacation if you work a 5-day week in Germany.
Does the Minimum Wage Act (MiLoG) also apply to foreigners?
Yes, the MiLoG also applies to foreigners.
Will I lose my residence permit if I get divorced?
No, in order to avoid blackmail by the spouse, there is an independent right of residence for the foreign spouse after a divorce (Section 31 of the Residence Act).
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Literature: ErfK/Oetker, 24th edition 2024, KschG § 1
Literature: BeckOK ArbR/Rolfs, 73. Ed. 1.9.2024, KSchG, § 1 Rn. 1 - 524
