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Check work permits, hiring foreigners
Employers must take this into account when hiring foreigners.
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Why employers are legally obliged to check residence permits .
What specific documents are required for legal employment ?
Where exactly you can find the crucial information regarding employment in the visa.
What legal consequences may arise from disregarding the examination and retention obligations ?
1. Employers' obligation to check work permits
2. What type of work permit is required?
3. What does the work permit look like and where can I find it?
4. Consequences of violations
5. FAQ Work Permit Check for Foreigners
6. Conclusion: Work permit examination for foreigners
1. Employers' obligation to check work permits
Since the Skilled Immigration Act (FEG) came into force on March 1, 2020, the obligations for companies wishing to hire foreign employees have been explicitly codified for the first time. We regularly remind our clients that, according to Section 4a Paragraph 5 Sentence 3 Number 1 of the German Residence Act (AufenthG), there is a clear obligation to verify the applicant's residence permit. This means that, as an employer , you must ensure, even before the employee begins work, that the prospective employee has a valid residence permit that entitles them to perform the specific job planned.
This legal requirement serves to prevent illegal employment and places direct responsibility on the employer. In addition to simply checking documents before work begins, Section 4a Paragraph 5 Sentence 3 Number 2 of the German Residence Act (AufenthG) also stipulates the obligation to keep a copy of the residence permit for the entire duration of the employment . Should the employment relationship be terminated prematurely, the law further stipulates in Number 3 that the responsible immigration authority must be informed within four weeks of becoming aware of this.
2. What type of work permit is required?
The type of permit required depends heavily on the applicant's status, with the law differentiating between individuals with and without a residence permit. Following the paradigmatic change introduced by the FEG (Federal Law on the Promotion of Foreign Trade and Employment), the principle of permits with reservation of prohibition generally applies: those holding a residence permit are generally allowed to engage in gainful employment, provided no legal prohibition or explicit restriction is stipulated in the permit. This significantly simplifies the hiring of skilled workers , as it is no longer necessary to approve each individual activity, as long as the permit generally authorizes employment (no employer restrictions).
In cases where an applicant does not possess a residence permit, employment is only possible in exceptional circumstances according to Section 4a Paragraph 4 of the German Residence Act (AufenthG) . This applies, for example, to individuals with a seasonal work permit or cases where international agreements permit employment without a formal permit. It is particularly important to note that EU citizens with freedom of movement rights, as well as nationals of Iceland, Liechtenstein, Norway, and Switzerland, do not require a residence permit; proof of citizenship by means of a valid passport is sufficient for our purposes.
3. What does the work permit look like and where can I find it?
In practice, the residence permit is often found in the form of a visa in the passport or as an electronic residence permit (eAT). We often emphasize that a visa under Section 6 of the German Residence Act (AufenthG) is also a fully valid residence permit that can authorize employment (but not in the form of a Schengen visa). To ensure that you, as an employer , can act with legal certainty, Section 4a Paragraph 3 Sentence 1 of the German Residence Act stipulates that every permit must clearly indicate whether and to what extent employment is permitted. You will usually find the crucial statement "Employment permitted" there.
However, these documents often contain specific supplementary provisions , such as restrictions to a particular employer or a specific type of work. Such restrictions imposed by the Federal Employment Agency must be included in the employment title and are immediately apparent to you as the employee. If an entry is incorrect or the required information for your company is missing, you should absolutely ensure that the authorities correct it before employment begins to avoid jeopardizing the legality of the employment.
4. Consequences of violations
Neglecting the due diligence requirements can have unpleasant consequences, although the law differentiates in this regard. Interestingly, a mere violation of the due diligence and retention obligations under Section 4a Paragraph 5 Sentence 3 Numbers 1 and 2 of the German Residence Act (AufenthG) does not, in itself, currently constitute an administrative offense under Section 98 of the Residence Act. Nevertheless, the legal certainty of your company is jeopardized, as employing someone without a valid residence permit is itself subject to sanctions, and the violation of the notification obligation in the event of premature termination under Section 98 Paragraph 2a Number 2 of the Residence Act is indeed subject to a fine .
Particular caution is advised when commissioning services or work . If foreign nationals are commissioned on a sustained and paid basis without the necessary permit, this can be prosecuted as an administrative offense, provided the activity is aimed at generating profit. Even though legal literature sometimes sees violations of the principle of legal certainty in this context, we strongly recommend careful documentation to avoid legal disputes and sanctions from the outset.
5. FAQ Work Permit Check for Foreigners
Do I need to see the original residence permit?
Yes, to fulfill the verification obligation, the original document should be presented to establish the authenticity and current status of the work authorization beyond doubt.
Does the examination requirement also apply to interns or freelancers?
The obligation under Section 4a Paragraph 5 Sentence 1 of the Residence Act explicitly extends to the commissioning of paid services or work, provided that these are provided on a sustained basis.
What happens if the employee loses their title?
Since the obligation to retain records applies for the entire duration of employment, you as an employer must ensure that valid proof is always available in your documents.
6. Conclusion: Work permit examination for foreigners
For employers, verifying work permits is not a mere formality, but a key compliance task in modern labor law. The regulations of Section 4a of the German Residence Act (AufenthG) have established a clear framework that, on the one hand, facilitates access to the labor market, but on the other hand, requires meticulous verification and documentation by the company. We support you in making these processes legally compliant, so that you can fully concentrate on integrating your new talent.
Further Information
List of Sources (Paywall)
[1] Timmermann/Uznanski/Mävers/Klaus, Employment of foreign workers, 2nd ed. 2025
[2] Offer/Mävers, Employment Ordinance, 2nd edition 2022
[3] Vorreuter, Academic Skilled Immigration: A Practical Guide, 1st edition 2024