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Do I need a visa?
Lawyer: All information on the different types of visa requirements in Germany (e.g., for citizens with a positive nationality).
Share:
when you need a visa and when you don't
what a positive stater is and what rules apply to positive staters
which rules apply to members of the “ Best Friends ”
when a visa is required to work
1. Who needs a visa for Germany?
2. Visa-free entry for short stays: The “positive staters”
3. Visa-free entry for long-term stays: The “Best Friends Rule”
4. Working in Germany: When is a visa required?
5. FAQ
6. Conclusion
1. Who needs a visa for Germany?
Whether you need a visa to enter Germany depends largely on whether you, as a third-country national, are subject to the visa requirement . The general rule is: All foreign nationals who are not from an EU member state require a visa or residence permit to enter Germany ( Section 4 (1) of the Residence Act ). The Residence Act (AufenthG) provides the legal basis for this. However, as with many regulations, there are exceptions.
Exempt from the visa requirement are, in particular, citizens of the European Union and certain other privileged groups such as diplomats or persons with immunity under international law ( Section 1 (2) Nos. 1–3 of the Residence Act ). If you are unsure whether you need a visa, we recommend checking your nationality and the intended purpose and duration of your stay. One of our lawyers will be happy to assist you with this.
2. Visa-free entry for short stays: The “positive staters”
Although German residency law generally requires a visa, so-called "positive state " nationals can enter Germany visa-free – however, only for short stays of up to 90 days within a 180-day period and without employment. This regulation is based on EU Regulation 2018/1806 , which contains a list of third countries whose nationals are exempt from the visa requirement. A current overview of the positively listed countries can be found on the website of the Federal Foreign Office .
However, visa-free entry for nationals with a positive nationality does not allow them to take up employment or apply for a long-term residence permit in Germany. Therefore, those entering without a visa may travel for tourism or visit relatives, but may not work or pursue long-term employment. The only exceptions to these regulations are for so-called non-employment fictions (i.e., working without a visa) and in cases covered by Sections 39 et seq. of the Residence Ordinance (i.e., applying for a residence permit in Germany without a visa).
3. Visa-free entry for long-term stays ("Best Friends")
Stricter requirements apply for visa-free entry for the purpose of a long-term stay. According to Section 41 of the Residence Ordinance (AufenthV), only nationals of certain third countries – also known as “ Best Friends countries ” – may enter without a visa and apply for a residence permit directly in Germany . These countries include Australia, Canada, the USA, Great Britain, Israel, Japan, and New Zealand. Nationals of Best Friends countries may therefore enter visa-free just like citizens of “positive” countries. However, nationals of Best Friends countries may also apply for a residence permit in Germany, whereas citizens of “positive” countries must first return to their home country to obtain a visa.
A special advantage for citizens of Best Friends Straits is that they are permitted to take up employment in Germany—even without prior recognition of their professional qualifications ( Section 26 of the Employment Ordinance ). Other nationals normally require recognition of their qualifications to work in Germany.
Best Friends citizens can also work for foreign employers . However, it's important to note that they are also only permitted to take up employment once they have been granted a corresponding residence permit—unless they already enter the country with a work visa.
4. Working in Germany: When is a visa required?
Both "Positive" and "Best Friends" nationals require a valid residence permit that explicitly authorizes them to work in Germany. Visa-free residence alone is not sufficient to legally take up employment in Germany. Without the appropriate residence permit, both employees and employers face legal consequences.
An exception to the work permit for third-country nationals only exists in cases of so-called "fictitious non-employment ." These apply, for example, to certain business travelers ( Section 16 of the Employment Ordinance ) or other clearly defined special cases ( Section 30 of the Employment Ordinance). In such cases, foreign nationals may also work without a residence permit – but only if all the requirements for the fictitious non-employment are met in detail. Anyone planning to work in Germany should therefore seek advice early on to choose the appropriate visa strategy.
5. FAQ
Do I need a visa for Germany?
Whether you need a visa depends largely on your nationality, as well as the purpose and duration of your stay. Third-country nationals—i.e., people who are not from an EU or EEA country—generally require a visa to enter Germany.
What is a positive stater?
Citizens of certain third countries who, according to EU Regulation 2018/1806, do not require a visa for short stays (up to 90 days within a 180-day period) – for example, for tourism or business purposes, but not for gainful employment – are considered positive citizens. The list of these countries can be viewed on the Federal Foreign Office website.
What applies to Best Friends countries?
Citizens of so-called "Best Friends" countries—such as Australia, Canada, the USA, Israel, Japan, Great Britain, and New Zealand—are also permitted to enter Germany without a visa. Unlike nationals of "positive" countries, however, they are also permitted to enter for a long-term stay and apply for a residence permit directly in Germany (Section 41 of the Residence Ordinance).
6. Conclusion
Whether you need a visa for Germany depends on your nationality and the purpose of your stay. While EU citizens are generally permitted to enter without a visa, many third-country nationals are required to have one – with important exceptions: “Positive state” nationals are permitted to enter visa-free for short stays of up to 90 days, but are not permitted to work or apply for a residence permit in Germany. Nationals of the so-called “Best Friends” countries, on the other hand, can even enter for long-term stays without a visa and apply for a residence permit in Germany. However, a residence permit is generally required for any form of gainful employment in Germany. Exceptions only apply in cases of “ fictitious non-employment ” pursuant to Section 30 of the Employment Ordinance.
Further Information
List of Sources (Paywall)
[1] Timmermann/Uznanski/Mävers/Klaus, Employment of foreign employees, 2nd ed. 2025
[2] Visa Handbook, Employment (Introduction), 73rd Supplement, as of May 2021