.png)
Work permit for EU citizens in Germany
Work permit for EU citizens in Germany: Then it is required.
Share:
.jpg)
whether EU citizens need a work permit
in which cases a work permit is required
EU and Vander-Elst work permit
Rights under the FreizügG/EU for EU workers
1. Principle: No work permit required for EU citizens
2. Work permit for EU citizens: Only relevant in special cases
3. Special cases: third countries, loss of status and family members
4. Exceptions: When EU citizens still need a permit
5. FAQ Work permit for EU citizens
6. Conclusion Work permit for EU citizens
1. Principle: No work permit required for EU citizens
Within the framework of freedom of movement under EU law , EU citizens enjoy the right to live and work in any other EU member state – without requiring a work permit . This right arises from Article 45 of the Treaty on the Functioning of the European Union (TFEU) and is implemented into German law by the Freedom of Movement Act/EU .
In practice, this means that anyone coming to Germany from an EU country can take up employment here without any restrictions – whether as an employee or self-employed. A separate permit from the immigration authorities or the Federal Employment Agency is not required. This fundamentally distinguishes EU citizens from third-country nationals, for whom special access requirements apply. However, there may be exceptional cases in which EU citizens require a work permit. These cases are described below.
2. Work permit for EU citizens: Only relevant in special cases
In Germany, the so-called EU work permit (according to Section 284 of the German Social Code (SGB III aF) ) was previously relevant in individual cases for EU citizens from new member states – particularly during transitional periods following EU enlargement. However, these transitional periods have completely expired. Today, such a work permit is no longer issued to EU citizens.
In individual cases, the term may still appear, for example, on forms or from employers with older information. It's important to note that EU citizens are not required to apply for or provide proof of a work permit. The only relevant consideration is their status as an EU citizen with the right to freedom of movement.
3. Special cases: third countries, loss of status and family members
Not all persons residing in the EU are automatically subject to freedom of movement. Third-country nationals who are family members of EU citizens in Germany, for example, require a residence permit in accordance with Section 3 of the Freedom of Movement Act (FreizügG/EU), which also includes a work permit. Although this work permit is granted by law and does not need to be issued, proof of the work permit is still important for employers and the authorities.
Furthermore, the right to freedom of movement may be lost under certain circumstances—for example, unemployment without means of subsistence. In such cases, access to the labor market is jeopardized, and the immigration authorities can take action. However, a separate work permit will not be subsequently issued; instead, the entire right of residence is at risk.
4. Exceptions: When EU citizens still need a permit
Even though the principle of freedom of movement applies, there are a few, but important, exceptions. For example, certain activities involving public authority —such as those in the police, judiciary, or diplomatic service—may be restricted to nationals (see, for example , Article 8, No. 1 of the VCDR ). In these areas, access to the labor market for EU citizens may be restricted, although this is not mandatory.
Otherwise, normal employment regulations apply to EU foreign nationals, some of which require a permit . This applies, for example, to the permit requirement for temporary employment , which of course also applies to EU citizens. The same applies to professional licenses for regulated professions . Furthermore, there are sectoral requirements in some special areas, such as aviation security or security-relevant industries. In these cases, EU citizens may also be required to obtain special permits or undergo security clearances. While these do not replace a traditional work permit, they have a similar effect in practice.
5. FAQ Work permit for EU citizens
Do EU citizens need a work permit in Germany?
No, EU citizens generally do not require a work permit in Germany. They enjoy freedom of movement under the EU Freedom of Movement Act and have the right to work or become self-employed here – without additional authorization.
Does freedom of movement also apply to family members of EU citizens?
Yes, family members – including those from third countries – generally have a derived right of residence and work, as long as the person entitled to freedom of movement exercises these rights.
Do British nationals need a work permit after Brexit?
Since Brexit, British citizens have been considered third-country nationals. Only those covered by the Withdrawal Agreement (e.g., existing cases) continue to enjoy freedom of movement. All others require a regular residence permit to work.
6. Conclusion Work permit for EU citizens
EU citizens can generally work in Germany without a work permit – a manifestation of European freedom of movement. This right covers not only traditional employment relationships, but also self-employment and cross-border service provision. German work permit law only applies in a few special situations. A careful legal review is recommended, especially in atypical cases – such as British citizens after Brexit , family members from third countries, or Van der Elst cases . VISAGUARD supports you in gaining clarity and entering the German labor market with legal certainty.
List of Sources (Paywall)
[1] Schwarze/Becker/Hatje/Schoo, EU Commentary, 4th edition 2019
[5] Administrative instructions for residence in Berlin (VAB), as of 18.02.2025, FreizügG/EU