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Remote Work
Legal information on the topic of home office and remote work for foreigners in Germany (so-called "home office visa"/"remote work visa").
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when foreigners in Germany are allowed to work from home
whether you need a visa for working from home in Germany
when you are allowed to do remote work with a tourist visa
what alternatives exist for foreigners in remote work
1. Remote Work in Germany
2. Home Office Tourist Visa
3. Home Office Residence Permit and Visa
4. Employer of Record Visa
5. FAQ
6. Conclusion: Visa for Home Office and Remote Work in Germany
1. Remote Work in Germany
The possibility of working remotely in Germany is attractive to many foreign professionals and digital nomads. But what legal requirements apply to non-EU citizens working remotely in Germany? What visa options are available? Are third-country nationals even allowed to work remotely in Germany? This article provides a comprehensive overview of the most important regulations for remote work in Germany for foreigners.
Is remote work allowed for foreigners in Germany?
In principle, the right to work remotely in Germany depends on nationality. EU citizens have unrestricted freedom of movement and can live and work in Germany without a visa. Non-EU citizens generally require a suitable residence permit (e.g., a visa or residence permit ) that allows remote work. It's important to note that even home office work is considered employment under German immigration law. Therefore, a work permit is generally required for remote work in Germany as well.
2. Home Office Tourist Visa
Whether working from home is possible with a tourist Schengen visa is legally disputed and cannot be answered definitively. The law generally prohibits employment for foreigners who do not hold a residence permit (prohibition with reservation of permission, Section 4a Paragraph 1 Sentence 1 of the German Residence Act). Therefore, a residence permit is always required for employment, and unauthorized employment with a Schengen visa is even a criminal offense (Section 95 Paragraph 1a of the German Residence Act).
However, one argument against the requirement of a work permit for working from home with a tourist visa is that a special labor market permit is not necessary if the work is not performed for a German employer . According to this interpretation of the law, working from home for foreign employers would therefore be possible with a tourist visa. Since the legal situation regarding remote work with a tourist visa is unclear, unfortunately, no general advice can be given here. If in doubt, you should consult a specialized lawyer on the topic of working from home with a Schengen visa/tourist visa, who can inform you about the specific risks.
3. Home Office Residence Permit and Visa
The question of whether remote work is possible with a tourist visa must be distinguished from the question of whether a residence permit can be obtained with a home office job for a foreign employer. Unfortunately, there is no general answer to this either, as the possibility of obtaining a work visa for remote work in Germany depends on the specific circumstances.
Domestic employment relationship
Most work visas require that the employment contract be with a German company (so-called " domestic employment relationship ", Section 39 Paragraph 2 Sentence 1 No. 3 of the German Residence Act). For the EU Blue Card, the requirement of domestic employment is specifically regulated in Section 18g Paragraph 1 Sentence 1 of the German Residence Act. A domestic employment relationship generally only exists if the company is based in Germany and social security contributions are paid in Germany. This is usually not the case if you work from home in Germany for a foreign employer.
Exceptions: domestic employment relationship
However, there are exceptions to the requirement of a domestic employment relationship. For example, working from home for foreign employers is possible if you have a work permit based on another purpose of residence (e.g., if you hold a residence permit for family reunification or if you are the holder of a permanent residence permit ). Another exception is working for nationals of "best-friend countries." According to Section 26 Paragraph 1 of the Employment Ordinance (BeschV), a work permit can be granted to certain nationals "regardless of the employer's place of business."
4. Employer of Record Visa
If Section 26 Paragraph 1 of the Employment Ordinance (BeschV) does not apply to you, and you neither hold a permanent residence permit nor are eligible for a residence permit for other purposes (e.g., family reunification), you can apply for a work permit for working from home for a foreign employer through an " Employer of Record " or a payroll service provider . The Employer of Record/payroll service provider handles the payroll in Germany, ensuring that taxes and social security contributions are also paid in Germany. This establishes a domestic employment relationship, allowing a residence permit to be granted even for work performed from home. However, it should be noted that this option is only available if you are applying for a residence permit that does not require approval (e.g., an EU Blue Card). Otherwise, the Federal Employment Agency will reject your application for employment with an Employer of Record due to the prohibition on temporary agency work for foreigners (see Section 40 Paragraph 1 No. 2 of the Residence Act (AufenthG)).
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5. FAQ
Is it permitted to work from home with a tourist visa?
The legal situation is unclear. The law stipulates a general ban on employment without a residence permit (§ 4a para. 1 sentence 1 of the German Residence Act). However, some argue that no work permit is required for remote work for a non-German employer. Since there is no established legal precedent, legal advice is strongly recommended.
Is there a special visa for working from home or remotely in Germany?
A classic "Remote Work" visa does not currently exist in Germany.
What is an Employer of Record and how does it help with the home office visa?
An Employer of Record (EoR) is a service provider that acts as the official employer, handles payroll, and pays social security contributions in Germany. This formally establishes a domestic employment relationship. For certain residence permits (e.g., EU Blue Card), this can be a legally secure solution for remote work – but only if approval from the Federal Employment Agency is not required.
What alternatives are there to the traditional work permit for remote work?
Besides using an EoR (Employee of Rights) permit, it is possible to obtain a work permit through existing residence permits such as family reunification or settlement permits. For nationals of certain countries ("Best Friends" countries), a work permit can also be granted without a German employer (§ 26 para. 1 BeschV).
6. Conclusion
Non-EU citizens who wish to work remotely or from home in Germany generally require a suitable residence permit with work authorization – even when working for a foreign employer. Remote work with a tourist visa is legally uncertain and can lead to illegal employment. For legal work from home, special regulations or the use of an Employer of Record may be possible under certain conditions. Companies and professionals should therefore seek legal advice early on to avoid legal risks and find a legally sound visa solution.