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Work Permit for Foreigners
All information on applying for a work permit for foreigners in Germany (working with a visa and residence permit).
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A work permit is a mandatory component of a residence permit or visa (a supplementary provision or, in rare cases, an independent administrative act) if foreigners wish to work in Germany. The work permit is usually based on approval from the Federal Employment Agency. The work permit can be found in the "Remarks" section (on the back of the plastic card) or in the "Supplementary Sheet" and looks something like this: "Employment at ... as ... permitted". The prerequisites for a work permit are always a certain minimum salary and a legally valid employment contract .
On this page you will learn about the most common stumbling blocks when applying for a residence permit and how we as a law firm can help you with a legally sound application so that you receive your work permit as quickly as possible .
1. Lawyer's perspective on work permits: These cases are particularly relevant in practice.
2. Application for a work permit: What are the biggest risks?
3. When should I hire a lawyer for my work permit?
4. Our services in the area of work permits
5. Your VISAGUARD benefits for work permits
6. FAQs and online resources on work permits
1. Lawyer's perspective on work permits: These cases are particularly relevant in practice.
As lawyers, we most frequently encounter the following problems in practice when advising or representing clients on matters relating to work permits:
Main problem salary limit: The Federal Employment Agency rejects the application for approval because the minimum salary according to the salary atlas for the respective position is not reached.
Slow application processing: The application is not processed quickly enough and the employer threatens termination if the work permit is not granted soon.
Incorrect work permit applied for: Employees attempt to obtain a work permit for unskilled work, even though most work visas can only be applied for for skilled work.
Formal errors: The Federal Employment Agency rejects the application for approval because the declaration regarding the employment relationship was filled out incorrectly or incompletely.
Wrong procedure chosen: Employees and employers do not know whether prior approval or the accelerated skilled worker procedure is faster than a normal application for a work permit.
Sham employment: The work permit is refused due to the suspicion of sham employment (e.g., in cases of family relationships between employee and employer).
Unclear communication: There are communication problems between the immigration office or embassy and the Federal Employment Agency, which leads to the process being “stuck”.
No priority for employer changes: Applications for employer changes will not be processed.
Unnecessary approval requests: A residence permit is rejected because the Federal Employment Agency did not grant approval, even though approval was not necessary (e.g., in the case of a Blue Card or family reunification).
Detailed checks: There are problems with the priority check or the professional license.
Compensation: Official liability claims due to significant loss of earnings, as the application for a work permit or change of employer remained unprocessed for far too long without reason.
2. Application for a work permit: What are the biggest risks?
The biggest risk when applying for a residence permit is that the process gets "stuck " despite meeting the requirements. This always happens when the process becomes confusing for the case workers (e.g., due to incomplete and unclear communication, missing documents, incorrectly completed forms, or ambiguous applications). A major challenge when applying for a work permit is the need for coordination between several authorities. In particular, the Federal Employment Agency must coordinate with the other agencies, and direct communication between the applicant and the Federal Employment Agency is generally not possible, as the granting of approval by the Federal Employment Agency is a purely internal process.
Applicants are therefore dependent on the immigration office or embassy submitting a correct and complete application to the Federal Employment Agency. If the immigration office or embassy receives incorrect or incomplete documents (e.g., the company registration number is not entered in the employment declaration or a supplementary sheet is not included when required), the office often forwards the documents incorrectly to the Federal Employment Agency . This, in turn, leads to the Federal Employment Agency not processing or rejecting the application, which then leaves the case workers at the immigration office uncertain about the next steps in the process. If the officials cannot then clearly explain the problem to the foreign applicant (who is usually not proficient in German), the applications remain unprocessed indefinitely.
Applying for a work permit (as part of a visa or residence permit) is always advisable when employees or employers require a swift issuance . The lawyer's primary role in the work permit application process is to guide the procedure by managing communication and verifying the documents. The lawyer typically needs to ensure that all parties involved (employee, employer, immigration office/embassy, Federal Employment Agency, recognition authorities) are promptly notified to ensure everyone submits the necessary declarations and documents.
Engaging a lawyer is particularly advisable if the employee does not speak German and the employer does not have a dedicated human resources department (e.g., in SMEs) or if the HR department lacks experience in applying for work permits . In particular, correctly completing the employment declaration (and any supplementary forms) can be challenging. If inexperienced employers and foreign nationals without German language skills attempt to apply for work permits independently, communication problems, formal errors, and excessively long procedures are almost inevitable.
Engaging a law firm to apply for a work permit is advisable even if it's unclear whether the requirements are met . This applies particularly to salary. Certain secondment scenarios can also be difficult to assess regarding compliance (e.g., if the employer is permanently based abroad and has no physical presence in Germany).
4. Our services in the area of work permits
As a law firm specializing in labor migration and skilled worker immigration, we offer the following services related to work permits:
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Representation: Management of application procedures through legal representation at the Federal Employment Agency and immigration authorities/foreign missions.
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Consultation: Legal assessment of whether the requirements for granting a work permit are met (especially regarding salary).
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Design: Revision of employment contracts and job descriptions to ensure that the requirements for granting a work permit are met.
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Document review: Review of the documents (especially the employment contract and the declaration of employment) for accuracy and to determine whether there are any formal errors or obstacles.
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Objection and appeal: Representation of employees and employers in court when an application for a work permit has been unlawfully rejected.
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Compliance consulting: Support for employers regarding the question of whether a work permit is required and what scope it must or can have.
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Application for a work permit via the accelerated skilled worker procedure (§ 81a AufenthG).
Application for professional licenses. -
Conducting official liability claims for loss of wages if applications for the issuance of a work permit have been unlawfully rejected or have remained unprocessed for too long.
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Assistance in choosing the right work permit or application.
5. Your VISAGUARD benefits
As a law firm specializing in labor migration and skilled worker immigration, we can guide you safely through the bureaucratic maze of the Federal Employment Agency. We know precisely where particular caution is required, what the classic pitfalls are, and how to successfully streamline procedures. With our support, a smooth and efficient process is guaranteed , ensuring you receive your work permit as quickly as possible. We also guarantee a sensitive approach when balancing the interests of both employee and employer, preventing tensions from arising between the parties even before the job begins.
VISAGUARD.Berlin also stands out due to its exceptional service quality . With us, applicants are not just one of thousands of cases, but individuals with legitimate service expectations. Our clients don't speak to secretaries or administrative staff; instead, a lawyer is always available. Our lawyers respond to inquiries within 48 hours and are also available for video calls or phone consultations. We define ourselves not only as a specialized law firm, but above all as a service provider committed to excellence.
Contact Us
Are you planning to apply for a work permit? Are you unsure whether you meet the requirements? Are you uncertain about which documents are needed and how the application process works? Contact us, we're happy to help!
Please use our contact form exclusively for your inquiry. Due to high demand, this is the only way we can guarantee a response within 48 hours. Thank you for your understanding.
FAQ about work permits
Which documents are particularly effective in building trust with immigration authorities and German embassies in practice, even though they are not legally required?
What builds particular trust is the form of the documents: easily readable scans instead of mobile phone photographs, a personal signature instead of just a picture of a signature, precision of the information, condition of the documents, flawless spelling and grammar, correct fields filled in, in short: professionalism.
Additionally, well-crafted CVs and cover letters can be helpful.
In our experience, what are the most common mistakes German employers make when preparing a work visa – and how can they be avoided?
The most common mistake on the employer's side is inaccurate work and slow or incomplete communication: the wrong documents are sent to the wrong people, different departments have different information, there is chaos in document management, and there are no clear points of contact.
The employment declaration form is frequently filled out incorrectly, or the wrong supplementary form is chosen. Employment contracts also often contain errors under labor law, or the salary is incorrect.
In which situations do the greatest delays occur with work visas, despite the requirements actually being met?
Our experience shows that the most frequent bottleneck is the availability of appointments or the "starving" of an application at the Federal Employment Agency. Even minor formal errors can have significant consequences for processing time due to lengthy communication chains.
Which characteristics of an employment relationship most frequently lead to inquiries or doubts from the authorities in practice?
In our experience as lawyers, a low salary (and, in the case of temporary stays, a lack of ties to the home country) usually leads to particularly thorough scrutiny by the authorities. Newly established (or dubious) businesses and employment within the family can also quickly raise suspicion among the authorities.
In our experience, which strategic measures most increase the chances of obtaining a quick and smooth work visa?
Good preparation, clean document management, clear communication structures and responsibilities, regular follow-up and an overall “reputable and clean” case.
Blog posts about work permits for foreigners
The Federal Employment Agency enables registration for labor market access abroad.
Ruling: Work as part of school education does not require a work permit.
EU Blue Card after graduation: How to successfully transition to a work permit
Ruling of the week: Employer pays for deportation costs in cases of illegal employment
Yet again: a lawsuit for official liability against the Stuttgart immigration office.
Case of the Japanese church musician Mizuki Ikeya from Stuttgart
EU Blue Card: When is the approval of the Federal Employment Agency required?
Does the 2-year rule (§ 9 BeschV / Open Work Visa) also apply to cases from the Western Balkans?
Working in Germany: What is the “Open Work Visa” in Germany?
Court rulings on work permits for foreigners
The possibility of granting a residence permit for the purpose of employment pursuant to Section 18 Paragraph 4 Sentence 2 of the Residence Act applies only to employments that require qualified vocational training (Higher Administrative Court of Hamburg, decision of June 30, 2008 – 5 Bs 86/08).
The requirement of a concrete job offer in Section 18 Paragraph 2 No. 1 of the Residence Act cannot be waived when applying for a residence permit for employment purposes (Administrative Court of Appeal Munich (10th Senate), decision of 04.03.2021 – 10 CS 21.426).
The mere interest of a private entrepreneur in hiring does not, in principle, constitute a public interest in the employment of the foreigner within the meaning of Section 18 IV Sentence 2 of the Residence Act (OVG Münster, decision of 17.11.2006 - 18 B 613/06).
Vocational training qualifications are only considered equivalent if the equivalence has been established by the competent authority in a recognition procedure (VG Bremen, judgment of 04.11.2021, 4 K 2794/19).
Specialists within the meaning of Section 19 II No. 3 of the Residence Act are experts who possess above-average knowledge and skills in a field. A managerial position is not necessarily required (Administrative Court Stuttgart, Judgment of June 9, 2006 - 1 K 2150/05).
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