Unlimited Work Permit
Find out from a lawyer when you are allowed to work in Germany as a foreigner without restrictions.
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Here you learn ...
when the work permit becomes permanent
how to apply for a permanent work permit
when you do not need permission to change employers (Section 9 BeschV)
Requirements for unrestricted access to the labor market
Table of contents
1. Work in Germany without restrictions
2. Working without a special work permit (Section 9 of the Employment Ordinance)
3. Residence permit according to Section 9 of the Employment Ordinance
4. Requirements for an unlimited work permit
4.1 Possession of a residence permit
4.2 Two years of work or three years of residence
4.3 Explicit labor market admission
5. Section 9 BeschV in practice
6. FAQ on Section 9 BeschV
7. Conclusion
1. Work in Germany without restrictions
For many foreigners, it is very interesting to finally no longer need a work permit in Germany and no longer have to apply for a change of employer. Applying for a work permit in Germany is a very complex process. In many cases, the processing of corresponding applications for a work permit or for changing jobs takes a very long time (see also our VISAGUARD article on processing times ). You can save yourself this with the unlimited work permit in accordance with Section 9 of the Employment Ordinance.
In addition, full access to the labor market according to Section 9 of the Employment Ordinance can also constitute a separate reason for residence within the meaning of Section 19c Paragraph 1 of the Residence Act . So if you can obtain an unlimited work permit, you can apply for your own residence permit on this basis (see below). Originally, Section 9 of the Employment Ordinance was only intended to simplify procedures based on positive integration into the labor market. In practice, however, the norm goes much further (see also Offer/Mävers, Offer, 2nd ed. 2022, Employment Ordinance Section 9), as it can constitute a separate reason for residence.
From a legal perspective, it is therefore highly advisable to obtain an unlimited work permit. This can ensure permanent residence in Germany.
2. Permission for any employment
If the requirements of Section 9 of the Employment Ordinance are met, you can pursue any type of employment as a foreigner. The additional provision “Any lawful employment permitted” will then be entered in your residence permit. It then no longer matters whether the employment is qualified or unskilled and whether your training is suitable for the desired profession.
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In principle, this form of unrestricted work permit is only granted in exceptional cases. These include, in particular, nationals of the so-called "Best Friends States" pursuant to Section 26 Paragraph 1 of the Employment Ordinance and holders of an EU Blue Card.
A major advantage of the removal of work restrictions is not only that any activity is permitted, but also, and especially, that permission to change employers is no longer required . This permission is otherwise always required if the application is for a residence permit for employment purposes (see Section 4a of the Residence Act). In practice, this leads to numerous problems, as the immigration authorities often fail to make decisions in a timely manner. This then results in the applicant not being able to start work (or only starting work late), which in turn can lead to a loss of salary or, in the worst case, even dismissal.
3. Residence permit through unlimited work permit
Section 9 of the Employment Ordinance can not only be a reason for an unlimited work permit, but can also represent a reason for residence in its own right . If you are permitted to work without restrictions in accordance with Section 9 of the Employment Ordinance, you can apply for your own residence permit on this basis in accordance with Section 19c Paragraph 1 of the Residence Act (see, for example, BeckOK AuslR/Breidenbach Employment Ordinance Section 9 Rn. 1a and Offer/Mävers/Offer Employment Ordinance Section 9 Rn. 1, 2).
Many immigration authorities are not aware that Section 9 of the Employment Ordinance (BeschV) is an important basis for issuing a residence permit. Often, the authorities' employees are not familiar with this norm or do not sufficiently understand its significance. This means that the legal options that arise from an unlimited work permit are often overlooked in practice.
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Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
Even if the authorities are aware of Section 9 of the Employment Ordinance , they often do not know that a residence permit can be issued on the basis of an unlimited work permit . This deficit often leads to incorrect decisions when issuing residence permits. As a result, residence permits are issued that do not comply with the legal requirements. This can have serious consequences, such as problems with the work permit or even cases of illegal employment .
It is therefore of central importance for those affected who wish to apply for an unlimited work permit to consistently enforce their rights. In this case, it may be advisable to consult a lawyer specializing in immigration law . A lawyer with the appropriate expertise can not only support the application process, but also explain the relevant legal basis to the immigration authorities. This ensures that the residence permit is issued correctly in accordance with Section 9 of the Employment Ordinance .
The support of a specialized lawyer can help to avoid errors on the part of the authorities and protect the applicant from legal disadvantages. Particularly in complex cases or in cases of uncertainty about the correct application of Section 9 of the Employment Ordinance , a lawyer can make a decisive contribution to obtaining a legally secure residence permit and avoiding possible conflicts with the authorities.
4. Requirements for an unlimited work permit in Germany
An unlimited work permit for Germany can be applied for in accordance with Section 9 of the Employment Ordinance if you have already received a work permit from the Federal Employment Agency (admission to the labor market), have a residence permit and have legally worked in an employment subject to compulsory insurance in Germany for two years, or have been staying in Germany for three years without interruption, either with permission, tolerated status, or with a residence permit. These requirements are explained below.
4.1 Possession of a residence permit
First of all, as a foreigner you must have a residence permit. Unlimited access to the labor market can therefore only be applied for if you already have a residence permit . This must also include fictitious certificates, as the arbitrary processing speed of the immigration authorities cannot determine whether or not you are entitled to it under Section 9 of the Employment Ordinance.
4.2 Two years of work or three years of residence
Furthermore, Section 9 of the Employment Ordinance requires that you, as a foreigner, have already worked in Germany for two years and are subject to compulsory insurance (pension, unemployment, accident, health, and long-term care insurance) (Section 9 (1) No. 1 of the Employment Ordinance) or that you have been residing in Germany for three years without interruption, either with permission, tolerated status, or with a residence permit (Section 9 (1) No. 2 of the Residence Act). However, some lawyers believe that periods of lawful employment subject to compulsory insurance should only include periods that also required approval from the Federal Employment Agency (i.e., not the job seeker visa for foreign nationals seeking to study (Section 20 of the Residence Act) or the subsequent immigration of a spouse (Section 30 of the Residence Act) ) .
You must also note that the law does not count certain periods towards the residence and employment periods under Section 9 of the Employment Ordinance. In particular, previous residence periods are not counted if you left the country permanently and then re-entered the country (Section 9 (2) No. 1 of the Employment Ordinance) or if you were previously employed on a temporary basis. However, the time limitation of employment is not to be understood as a time limit, but rather refers to the temporary employment provisions of the Employment Ordinance (Sections 10 ff. of the Employment Ordinance; see also Offer/Mävers/Offer of the Employment Ordinance, Section 9, marginal nos. 10-15). Study periods and periods pursuant to Section 6 of the Employment Ordinance (see Section 6 (2) sentence 1 of the Employment Ordinance), Section 24a of the Employment Ordinance (see Section 24a (3) of the Employment Ordinance), and Section 26 (2) of the Employment Ordinance (see Section 26 (2) sentence 5 of the Employment Ordinance) are also not counted.
Finally, with regard to the length of stay, it should be noted that according to case law, fictitious effects should not count if there was clearly no entitlement to an extension of the residence permit that was deemed to be still valid (OVG Berlin-Brandenburg decision of 5 January 2015 – OVG 3 S 82/14, BeckRS 2015, 40488).
4.3 Explicit labor market admission
The final requirement for a residence permit based on an unlimited work permit pursuant to Section 9 of the Employment Ordinance is that you, as a foreigner, have already been admitted to the labor market once. According to the Federal Administrative Court, the term "residence permit" in Section 9 of the Employment Ordinance must be interpreted narrowly. Section 9 of the Employment Ordinance does not apply to holders of residence permits that would legally entitle them to pursue any kind of employment. Rather, the scope of application of the provision is only open if it is based on a residence permit "with a labor market authorization" (cf. BVerwG judgment of August 21, 2018 - 1 C 22.17 , NVwZ 2019, 417 paras. 24 , 25 ; VG München decision of May 19, 2020 - M 25 S 20.1456 , BeckRS 2020, 11261 , para. 29 ). This view of the Federal Administrative Court was recently confirmed again by the OVG Lüneburg (see OVG Lüneburg (13th Senate), decision of April 18, 2024 - 13 ME 31/24). However, this view is not undisputed. Some argue, based on the clear wording (which does not provide for this restrictive interpretation), that the term "residence permit" also includes residence permits that legally authorize employment (see BeckOK AuslR/Breidenbach BeschV § 9 Rn. 2-4.1). If in doubt, you should consult a lawyer specializing in immigration law.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
5. Section 9 BeschV in practice
In practice, foreign nationals and lawyers repeatedly encounter problems when dealing with authorities under Section 9 of the Employment Ordinance. Most caseworkers are unaware of Section 9 of the Employment Ordinance. Even if they are familiar with Section 9 of the Employment Ordinance, they don't know that it is possible to issue a residence permit pursuant to Section 19c Paragraph 1 of the Residence Act on the basis of Section 9 of the Employment Ordinance. In addition, immigration authorities are often reluctant to issue residence permits without the approval of the Federal Employment Agency. Even in cases where the caseworkers consider Section 9 of the Employment Ordinance to be relevant, they sometimes request approval from the Federal Employment Agency.
When applying for Section 9 of the Employment Ordinance, it may therefore be advisable to consult a lawyer.
6. FAQ Work permit (unlimited)
How long do I have to have worked in Germany to be able to work indefinitely?
You can work in Germany without restrictions if you have already been employed for two years and have been subject to compulsory insurance (Section 9, Paragraph 1, No. 1 of the Employment Ordinance).
How long do I have to have stayed in Germany to be able to work without restrictions?
You must have resided in Germany for 3 years to apply for Section 9 BeschV (Section 9 Paragraph 1 No. 2 BeschV).
Is any previous stay sufficient for an unrestricted work permit?
No, to obtain an unrestricted work permit you must have held a residence permit that has been checked by the Federal Employment Agency. This means that you must have been admitted to the labor market. This is not the case with residence permits that legally permit employment (e.g. family reunification), since, for example, Section 30 of the Residence Act authorizes employment by law (Section 4a Paragraph 1 Sentence 1 of the Residence Act) and not by consent of the Federal Employment Agency. This restrictive interpretation of Section 9 of the Employment Ordinance is the case law of the Federal Administrative Court, but is not undisputed in the commentary literature due to the very broad wording of Section 9 of the Employment Ordinance.
Do I need a residence permit to obtain another residence permit in accordance with Section 9 of the Employment Ordinance?
Yes, Section 9 of the Employment Ordinance is only applicable to holders of a residence permit.
Is Section 9 of the Employment Ordinance a procedural norm or a residence permit?
Section 9 of the Employment Ordinance was originally intended to simplify procedures for the immigration authorities and the Federal Employment Agency. However, according to the legal doctrine of Section 19c Paragraph 1 of the Residence Act, Section 9 of the Employment Ordinance can also be issued as a residence permit.
Can all nationalities work without restrictions?
Yes, Section 9 of the Employment Ordinance is applicable to all third-country nationals. Through Section 9 of the Employment Ordinance, members of other nationalities can therefore achieve equal treatment with the case groups of Section 26 Paragraph 1 of the Employment Ordinance.
7. Conclusion
The unlimited work permit pursuant to Section 9 of the Employment Regulations (BeschV) allows third-country nationals to work in Germany without any restrictions – regardless of profession, qualifications, or employer. The prerequisite is generally that the person has either worked for two years subject to social insurance contributions or has resided legally in Germany for three years and held a residence permit with labor market access. A particular advantage: Changing employers no longer requires approval, which significantly reduces bureaucratic hurdles and delays. Furthermore, Section 9 of the Employment Regulations (BeschV) can also serve as an independent purpose of residence pursuant to Section 19c Paragraph 1 of the Residence Act (AufenthG). Since many immigration authorities fail to recognize the scope of this regulation, it is advisable to seek professional legal advice when applying.
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Further information
List of sources
[1] Offer/Mävers, Employment Ordinance, 2nd edition 2022, § 9
[2] Breidenbach, in Kluth/Heusch, Aliens Law, 2nd edition 2021, Section 9 Employment Ordinance
[3] Hans-Peter Welte, On the question of the correct interpretation of the word "residence permit" in Section 9 I BeschV, InfAuslR 2022, 253
[4] Sebastian Klaus, The “residence permit” within the meaning of Section 9 I BeschV and further details of the norm, ZAR 2024, 334
[5] For the application of Section 9 BeschV in the case of a statutory work permit, see BVerwG, judgment of 21.08.2018, 1 C 22/17
[6] For the application of Section 9 BeschV in the case of unqualified previous employment, see VG Berlin judgment of 31.3.2015 – VG 24 K 4.1
