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Obtain a Work Permit
All information from a lawyer on applying for a work permit in Germany.
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when you need a work permit
How to get a work permit in Germany
what the work permit is for
what you need to do when changing jobs
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 to change employers?
6. FAQ (work permit)
7. Conclusion
A particularly practical aspect of this procedure is that applicants usually don't realize when applying for a visa that they are also applying for a work permit. This makes the process clearer for applicants and avoids unnecessary confusion. Nevertheless, it is advisable to carefully prepare all relevant documents and clarify any potential requirements of the authorities in advance to avoid delays.
In summary, the Federal Employment Agency's work permit granting process is well-coordinated. It combines efficient internal communication with clear legal guidelines to consider both the interests of the German labor market and the needs of the applicants. For companies and skilled workers, this means they can prepare for actual employment without having to deal with unnecessary bureaucratic hurdles. Further information on applying for a work permit can be found in our guide to human resource compliance .
1. Obtain a work permit in Germany
A work permit is a basic requirement for many foreign nationals to pursue gainful employment in Germany. This is true simply because legal employment in Germany is necessary to prove to the immigration authorities that they have sufficient means of subsistence. The legal basis for this is regulated by the Residence Act (AufenthG) and the Employment Ordinance (BeschV) .
The granting of a work permit depends on several factors, including the applicant's qualifications , the nature of the activity , and the current labor market situation . Highly qualified specialists, who have easier access to the German labor market through, among other things, the EU Blue Card, are particularly favored. With the introduction of the Skilled Immigration Act (FEG), the process for qualified workers from abroad has been further simplified. The prerequisite is generally proof of a professional qualification or academic degree recognized in Germany, as well as a specific job offer.
However, this article only covers the necessary steps to take with public authorities. If you require further legal assistance, you will need to hire a lawyer specializing in employment law.
2. Do I need a work permit in Germany? (Non-EU)
In the law governing the employment of foreign nationals, the question often arises as to whether a work permit is even required if a foreign national wants to work in Germany. Major misunderstandings often arise, particularly on the company side, when it comes to business trips , home office work , and secondments . Formal, easily avoidable errors can quickly lead to heavy penalties .
Basic rule: Non-European foreigners need a work permit to work
The question of whether foreigners need a work permit in Germany is fundamentally easy to answer: Every foreigner requires a visa or 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 nationals . European citizens do not need a work permit or visa to work in Germany.
The respective residence permit must specify the employer and the corresponding activity on the residence card (e.g., "Software Engineer at Company X"). Working without a residence permit that allows for this exact 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).
However, there is an exception to this strict rule for the EU Blue Card . With the reform of the EU Blue Card in November 2023, the process for changing jobs was significantly simplified. Blue Card holders no longer need to obtain permission from the immigration authorities to change employers or jobs. Instead, it is sufficient to inform the authorities of the planned change. This change significantly reduces the bureaucratic burden and makes changing jobs much more flexible and faster for highly qualified professionals.
However, the immigration authorities retain the right to object to the job change 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 threshold. However, it is not expected that the chronically overburdened immigration authorities will frequently make use of this option. In practice, this means considerable relief for skilled workers and companies and greater planning security when shaping careers and employment relationships.
5. Change of workplace
In principle, residence permits that allow gainful 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 that employer. Self-employment is also not permitted unless the residence permit explicitly permits it (“self-employment permitted” or “gainful employment permitted”). Therefore, changing employers generally requires approval from the immigration authorities . This must be applied for at the relevant immigration authorities. The only exception to this rule at present is changing employers with the EU Blue Card .
When applying for a change of employer, at least the following documents must be submitted to the immigration authorities:
Job description
The required documents for the immigration authorities in Berlin, Frankfurt am Main and Munich can be viewed here, for example:
For more information on changing employers, see our VISAGUARD Guide to Changing Employers.
6. FAQ (work permit)
When does a foreigner need a work permit in Germany?
Foreign nationals from non-EU countries generally require a work permit to work in Germany. This is recorded on their residence permit. Citizens of EU countries, the European Economic Area (EEA), and Switzerland do not require a work permit.
How can I apply for a work permit in Germany as a foreigner?
The work permit is applied for at the relevant immigration office along with the residence permit application. In many cases, approval from the Federal Employment Agency is also required.
Can I do any kind of work if I have a work permit?
The type of permitted employment depends on the type of residence permit. Persons who meet the requirements of Section 9 of the Employment Ordinance may engage in any lawful employment. In other cases, the work permit may be limited to specific professions or employers.
What exceptions are there for certain groups of people?
Citizens of the so-called “Best Friends States” (Section 26 (1) of the Employment Ordinance) and holders of an EU Blue Card generally have easier access to the German labor market and can work without additional authorization.
What happens if I work in Germany without a work permit?
Taking up employment without a valid work permit constitutes a violation of the Residence Act and may result in legal consequences for both the employee and the employer, including fines and deportation.
7. Conclusion
A work permit is the key requirement for non-EU citizens seeking legal employment in Germany. It is usually issued together with a visa or residence permit and is generally limited to a specific activity with a particular employer. Since the reform of November 18, 2023, Blue Card holders simply submit a change of employer to the immigration authorities – approval is no longer required. In all other cases, a change of employer requires prior approval. The work permit is issued by the immigration authorities, not by the Federal Employment Agency. While the Federal Employment Agency must obtain approval from the immigration authorities in many cases, the authority that issues the work permit (as part of the residence permit) is the immigration authorities. The sole approval of the Federal Employment Agency (without the approval of the Federal Employment Agency becoming a work permit from the immigration authorities) does not constitute a work permit. Violation of these regulations can result in severe fines , deportation orders, or loss of residence permits. Companies and employees should therefore check early on whether and to what extent employment is permitted.
Exceptions to the work ban for foreigners
As is always the case with the law, there are exceptions and derogations to the basic rule prohibiting the employment of foreign nationals without a residence permit. The most common exceptions are the so-called “ fictitious non-employment ” (NBE), which deliberately exempt certain 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 without a visa (e.g. US Americans, Canadians and British nationals) and stays in Germany for less than 90 days. In this case, no work permit is required. However, it should be noted that such business trips carry a high level of risk . As soon as the boundaries 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.
Also very relevant in practice is the permit-free work for C-level employees (e.g., CEO and CFO) and executives or senior managers of a company. These groups of people do not require a residence permit to work in Germany if the employment is carried out for a period of up to 90 days within a 180-day period (Section 3 of the Employment Regulations). However, whether a position is considered a C-level position is determined not only by the employment contract, but also by the powers of representation under company law. If there is any doubt in this regard, it is advisable to apply for a Schengen visa and disclose the scope of the powers of representation to the embassy during the visa process. If the embassy then grants the Schengen visa, it can be assumed that no work permit is required (because Schengen visas are generally not issued with a work permit).
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List of Sources (Paywall)
[1] Offer/Mävers, Employment Ordinance, 2nd edition 2022, §§ 1 ff.
[2] Regarding the permit requirement for the employment of foreigners, see Administrative Court Chemnitz (6th Chamber), decision of 18 July 2022 – 6 L 223/22
[3] Visa Handbook, Employment (Introduction), 73rd Supplement, as of May 2021
3. How do I get a work permit as a foreigner?
In Germany, work permits are generally issued by the Federal Employment Agency (BA). This is a centralized process designed to ensure that foreign workers' employment complies with the legal requirements of the German labor market. The issuance of work permits is based on an assessment procedure, which sometimes also includes checking 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 prior approval is required. Typically, the relevant embassies or immigration authorities automatically forward the necessary documents—such as the employment declaration , the employment contract , and the job description —to the Federal Employment Agency. This process is designed to keep the administrative burden for applicants as low as possible.
After reviewing the documents, the Federal Employment Agency grants its approval directly to the applicant authority . This occurs in the form of an internal approval , which in practice often goes unnoticed by the applicant. The work permit is included as a so-called ancillary condition in the visa or residence permit. This ensures that the foreign skilled worker can begin employment immediately upon entry.
4. What activities can I do with my work permit?
The exact activities covered by your work permit are listed in your electronic residence permit (eAT) or the accompanying supplementary sheet . These documents usually specify exactly which position you are permitted to hold at which company. For example, the entry might state "Software Engineer at Company X." This restriction means that you may only 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 prior approval from the responsible immigration authority.
It is especially important to observe this regulation in the case of internal changes such as a promotion. A change from a specialist position to a management position or a transfer to another business area is not automatically accepted by the authorities. In such cases, a new application must be submitted to adjust the work permit accordingly. It is therefore advisable to coordinate any planned changes with the immigration authorities early on to avoid unwanted delays or legal problems. Violation of these regulations can have serious consequences, including the loss of the work permit.