Importance of the publicity requirement for residence permits

Foreigners who wish to work in Germany generally require not only a residence permit but also explicit permission to work . According to Section 4a, Paragraph 3 of the Residence Act, whether and to what extent gainful employment is permitted must be documented in the residence permit – this is the so-called publicity requirement . A residence permit must therefore make it clear whether employment is permitted and, if so, under what conditions.In most cases, the note “gainful employment permitted” is merely declaratory because the authorization already arises from the law. However, if gainful employment is restricted or prohibited by law, then this note is constitutive – i.e. legally required.

What applies if you change employers or take over a business?

A special rule applies to business transfers or changes in the employer's legal form —for example, when changing from a UG (limited liability company) to a GmbH (limited liability company) or when acquiring a company pursuant to Section 613a of the German Civil Code (BGB) . In these cases, no further approval from the immigration authorities is necessary, as the content of the employment relationship remains unchanged in most cases. The information letter from the new employer pursuant to Section 613a (5) of the German Civil Code (BGB) can be used as proof of continued employment status.

Self-employment: allowed or not?

The residence permit must also indicate whether self-employment is permitted. While Section 4a, Paragraph 3, does not contain an explicit provision regarding self-employment, it is generally covered by the disclosure requirement. Particularly problematic here is the tension between Section 4a, Paragraph 1, which generally permits gainful employment, and Section 21, Paragraph 6 of the Residence Act, which requires prior permission for self-employment for certain residence permits. In practice, it is therefore important that permission for self-employment is also explicitly noted in the residence permit —or that a corresponding ancillary provision be included if it is excluded.

Conclusion

The disclosure requirement ensures transparency: The residence permit must clearly state whether and under what conditions employment is permitted. While many residence permits generally permit employment, additional regulations and permits are required for restrictions or special situations such as changing employers or becoming self-employed. Foreign nationals wishing to work in Germany or start a business should therefore always pay close attention to the entries and ancillary provisions in their residence permit.