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Duration of work visa
All information on the duration and validity of a work visa.
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About this Page
everything about the duration of work visas
after what time a work visa in Germany expires
what special features apply to the duration of skilled worker visas
Prevent expiration and apply for extension
Table of Contents
1. Validity period of work visa
2. Validity for permanent contracts
3. Three-month rule validity of work visa
4. Validity and duration of employment contract fictional effect
5. FAQ on the duration of work visas
6. Conclusion on the duration of work visas
3. Three-month rule validity of work visa
Residence permits for work purposes pursuant to Sections 18 et seq. of the Residence Act are not issued solely for the duration of the employment contract or the approval of the Federal Employment Agency. The law stipulates that an additional period of validity of three months is added to fixed-term employment contracts (Section 18 (4) of the Residence Act). This is intended to ensure that skilled workers do not have to leave Germany immediately after the expiration of their employment contract, but rather have some time to reorient themselves.
1. Validity period of work visa
The duration of a work visa in Germany depends primarily on the specific employment relationship . Generally, a work visa is always issued for a limited period of time, with its validity closely tied to the employment contract or the approval of the Federal Employment Agency (see Section 18, Paragraph 4 of the Residence Act ). In practice, this means: If the employment contract runs for one year, the work visa is generally also initially limited to one year. If the employment contract is extended, the visa can also be extended.
The type of visa can also play a role. Whether it's a visa for skilled employment, the EU Blue Card , or another residence permit, all influence the maximum validity period. The legal requirements provide a framework within which the immigration authorities make individual decisions. This applies particularly to cases where the law stipulates a maximum permitted duration of employment (so-called "temporary employment," Sections 10 et seq. of the Employment Regulations ). For example, the employment of specialty chefs is limited to up to one year (Section 11 (2) of the Employment Regulations).
4. Validity and duration of employment contract fictional effect
The validity period of a work visa can also be extended "artificially" or " fictitiously " by applying for a visa extension. This is because: If you apply for an extension of your work visa without having an employment contract, the visa will still be considered "fictitiously" extended until the immigration authorities have decided on your extension application (so-called " fictitious effect "). In case of doubt, this can give you valuable months during which you can stay in Germany with a work visa even without an employment contract.
You should also note that many skilled workers are entitled to an Opportunity Card after their employment contract and work visa expire. This Opportunity Card replaces the previously valid Job Seeker Visa , which can now only be applied for by foreign nationals with a German qualification (Section 20 of the Residence Act). Therefore, if your employment contract and work visa expire, you as a skilled worker generally have up to 12 months to find a new job.
5. FAQ on the duration of work visas
Can I extend my work visa?
Yes, an extension is possible as long as the employment contract remains in effect and all requirements continue to be met.
Will my work visa expire if my employment contract ends?
No, residence permits for employment purposes do not expire with the termination of the employment contract. This requires an additional decision from the immigration authorities (so-called subsequent limitation).
Do I have to leave Germany when my employment contract ends?
No, in principle, your work visa remains valid for the time being. You can use the fictional effect outside of this visa. Skilled workers are also often entitled to an opportunity card.
What happens if you change employers?
If you change employers, your visa must be adjusted as it is always tied to the specific job.
6. Conclusion on the duration of work visas
The duration of work visas in Germany is closely linked to the employment relationship. Fixed-term employment contracts result in fixed-term visas, while permanent contracts are usually valid for up to four years. After a certain period of time, a permanent residence permit can often be applied for. Those who want to secure their residency status long-term should plan ahead and seek legal advice if in doubt.
2. Validity for permanent contracts
Even with permanent employment contracts, a work visa in Germany is not automatically issued for an unlimited period. Therefore, a permanent employment contract does not lead to a permanent residence permit. With a permanent employment contract, the work visa or residence permit for employment is issued for a maximum period of four years ( Section 18 (4) of the Residence Act ).
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After a certain period of time—usually after four years of legal residence—it is often possible to apply for a permanent settlement permit as a skilled worker. However, this requires additional requirements such as language skills, secure retirement provision, and sufficient income. Further information can be found in our settlement permit guide .
The three-month rule in Section 18, Paragraph 4 of the Residence Act also applies in the event of termination of your employment contract. Specifically, this means: If your employment contract has been terminated, the immigration authorities cannot limit your residence permit to the date of the end of the employment contract, but must grant you three additional months of residence. In practice, however, many caseworkers are unaware of this.