Here you learn ...
... when you need a work permit
... how to get a work permit in Germany
... what the work permit is valid for
... what you need to do when changing jobs
Written by:
lawyer
Publication date:
December 5, 2023
Reading time
8 minutes
Table of Content
1. Obtain a work permit in Germany
2. Do I need a work permit?
3. How do I get a work permit as a foreigner?
4. What activities can I do with my work permit?
5. Change of workplace
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?
6. FAQ (Expat Law)
1. Obtain a work permit in Germany
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 on 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 is always the case in law, there are exceptions to the basic rule prohibiting the employment of foreigners 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 case is a business trip for employees of a foreign company if the business traveler can enter the country 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 solely to represent their employer in negotiations and are received by German companies as part of this process. In this case, no work permit is required. However, it should be noted that such business trips involve a great deal of risk . As soon as the limits of a business trip are exceeded, it automatically becomes illegal. 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 powers 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 generally not 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 the 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.
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3. How do I get a work permit as a foreigner?
In Germany, the work permit is generally issued by the Federal Employment Agency (BA). This is a central process designed to ensure that foreign workers taking up employment complies with the legal requirements of the German labor market. The work permit is issued on the basis of an assessment procedure, which sometimes also checks whether a domestic or EU worker is available for the respective position (so-called priority assessment) and whether the employment conditions meet German standards.
No separate application to the Federal Employment Agency is required to obtain a work permit, unless it is a case of prior approval . As a rule, the responsible embassies or immigration authorities automatically forward the necessary documents - such as the declaration of employment relationship , the employment contract and the job description - to the Federal Employment Agency. This procedure is designed to keep the administrative burden for applicants as low as possible.
After examining the documents, the Federal Employment Agency issues its approval directly to the application authority . This takes the form of an internal approval , which in practice often goes unnoticed by the applicant. The work permit is included as a so-called additional condition in the visa or residence permit. This ensures that the foreign skilled worker can start working immediately after entering the country.
A particularly practical aspect of this procedure is that applicants usually do not realize when applying for a visa that they are also applying for a work permit at the same time. This makes the process clearer for applicants and avoids unnecessary confusion. However, it is advisable to carefully prepare all relevant documents and clarify any possible requirements of the authorities in advance in order to avoid delays.
In summary, the procedure for issuing work permits by the Federal Employment Agency is well coordinated. It combines efficient communication within the agency with clear legal requirements to take into account both the interests of the German labor market and the needs of the applicants. For companies and skilled workers, this means that they can prepare for actual employment without having to deal with unnecessary bureaucratic hurdles.
For more information on applying for a work permit, see our Human Resource Compliance Guide .
4. What activities can I do with my work permit?
The exact activities that your work permit covers are stated in the electronic residence permit (eAT) or the associated additional sheet . These documents usually specify exactly which position you are allowed to hold at which company. For example, the note "Software Engineer at Company X" could be entered. This restriction means that you are only allowed to work in the position specified there and for the company specified. Any other employment or a change to another position, even within the same company, requires the prior approval of the responsible immigration authority.
Besonders wichtig ist es, diese Regelung auch bei internen Veränderungen wie einer Beförderung zu beachten. Ein Wechsel von einer Fachposition in eine Leitungsfunktion oder ein Wechsel in einen anderen Geschäftsbereich wird von den Behörden nicht automatisch akzeptiert. In solchen Fällen muss ein neuer Antrag gestellt werden, um die Arbeitserlaubnis entsprechend anzupassen. Es empfiehlt sich daher, geplante Änderungen frühzeitig mit der Ausländerbehörde abzustimmen, um unerwünschte Verzögerungen oder rechtliche Probleme zu vermeiden. Ein Verstoß gegen diese Regelungen kann schwerwiegende Konsequenzen haben, einschließlich des Verlustes der Arbeitserlaubnis.
However, there is an exception to this strict rule with the EU Blue Card . With the reform of the EU Blue Card in November 2023, the process for changing jobs was made considerably easier. Holders of a Blue Card no longer need to obtain permission from the immigration authorities to change employer or job. Instead, it is sufficient to inform the authorities of the planned change. This change significantly reduces the bureaucratic effort and makes changing jobs much more flexible and faster for highly qualified professionals.
However, the immigration authorities retain the option of objecting to the change of job if the requirements for issuing the EU Blue Card are no longer met. This could be the case, for example, if the new employment relationship falls below the required salary limit. However, it is unlikely that the chronically overburdened immigration authorities will make frequent use of this option. In practice, this means considerable relief for skilled workers and companies and more planning security when shaping careers and employment relationships.
5. Change of workplace
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 the approval of 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. 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, e-mail, 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 Arbeitgeberwechsel mit Arbeitsvisum
Wenn Sie nicht Inhaber einer Blauen Karte EU sind, müssen Sie die Erlaubnis zum Wechsel des Arbeitgebers bei der Ausländerbehörde beantragen. Die Ausländerbehörde wird dann regelmäßig mit der Bundesagentur für Arbeit prüfen, ob die Voraussetzungen für den Arbeitgeberwechsel vorliegen. Diese Voraussetzungen unterscheiden sich je nach Aufenthaltsstatus und ausgeübter Beschäftigung. Grundsätzlich ist Schwerpunkt der behördlichen Prüfung allerdings, ob alle Arbeitsbedingungen nach den deutschen Arbeitsgesetzen eingehalten werden (Höhe des Gehalts, Arbeitszeiten, Urlaub, Zuverlässigkeit des Arbeitgebers).
5.3 Dokumente für den Arbeitgeberwechsel
Bei der Beantragung des Arbeitgeberwechsels sind bei der Ausländerbehörde mindestens die folgenden Dokumente einzureichen:
Erklärung zum Beschäftigungsverhältnis
Die Erklärung zum Beschäftigungsverhältnis muss vom Arbeitgeber ausgefüllt und unterzeichnet werden. Die Human-Ressource-Abteilungen in größeren Unternehmen sind in der Regel mit dem Formular vertraut und wissen, wie es auszufüllen ist.
Stellenbeschreibung
Die Stellenbeschreibung sollte eine nicht zu knappe Beschreibung der auszuübenden Tätigkeiten und Voraussetzungen für die Stelle beinhalten. Anhand der Stellenbeschreibung prüfen die Behörden nämlich, ob Ihre Qualifikationen zu der ausgeübten Tätigkeit passen (sog. Angemessenheitsprüfung).
Arbeitsvertrag
Auch der Arbeitsvertrag muss eingereicht werden. Anhand des Vertrages wird die Rechtmäßigkeit der Arbeitsbedingungen geprüft.
Weitere Dokumente
In der Regel reichen die genannten Dokumente aus, um den Arbeitgeberwechsel zu beantragen. Allerdings können je nach Ausländerbehörde weitere Dokumente erforderlich sein (z.B. Meldebescheinigung und Pass). Es empfiehlt sich deshalb, auf der Homepage der jeweiligen Ausländerbehörde zu kontrollieren, welche weiteren Unterlagen die Behörde verlangt.
Die erforderlichen Dokumente können für die Ausländerbehörde Berlin, Frankfurt am Main und München beispielsweise hier eingesehen werden:
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.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? Our lawyers will be happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany..
Contact us to book a consultation via video call! with a German Attorney for immigration law!
VISAGUARD.Berlin Legal Services
6. FAQ (Expat Law)
How long can I work per week as a foreigner?
In Germany, as a foreigner, you are allowed to work up to 48 hours per week.
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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Further Information
Literature: ErfK/Oetker, 24th edition 2024, KschG § 1
Literature: BeckOK ArbR/Rolfs, 73. Ed. 1.9.2024, KSchG, § 1 Rn. 1 - 524
