More than 20 hours with the opportunity Card - Criminally overemployed in Germany Part 3

Since June 1, 2024, skilled workers have been able to come to Germany to look for work using the "Opportunity Card" according to Section 20a of the German Residence Act. The search for a suitable job takes longer than planned, savings dwindle, and temporary employment is often the only option. The law permits this – but only within strict limits.

Anyone who crosses these boundaries commits an administrative offense. And this can become a problem precisely when the right job has finally been found and the transition to the Blue Card or Section 18b of the Residence Act is imminent. This article is aimed at holders of the Opportunity Card.

How many hours am I allowed to work with the Opportunity Card?

On average, a total of no more than 20 hours per week is permitted, as per Section 20a Paragraph 2 of the German Residence Act (AufenthG). The "Opportunity Card" entitles the holder to this. The employment does not need to be skilled; temporary jobs are also included.

The word "total" is a common trap for non-native speakers. Multiple jobs are added together. So, for example, someone who combines a mini-job with 12 hours per week and a temporary job with 10 hours per week has 22 hours, which is over the limit. What counts are the hours actually worked, including overtime.

In addition, Section 20a Paragraph 2 Number 2 of the German Residence Act (AufenthG) permits trial employment of a maximum of two weeks at a time. These trial periods must be for qualified positions, aimed at vocational training, or be commenced as part of a recognition measure under Section 16d of the German Residence Act. A trial employment as a waiter for a software developer, therefore, does not fall under this provision.

What does "average" mean?

The law itself does not specify a reference period, however the Federal Ministry of the Interior (BMI) provides pleasingly clear guidelines here:

" Especially in project-based or short-term employment, it can happen that the average number of hours in a calendar week is exceeded, which is then balanced out in other weeks when there is less work. The average is calculated over the entire duration of the stay as the reference period."

(unofficial translation, see BMI application guidelines section 20a.2.1 here)

Note for your planning: If you switch to the Blue Card earlier than originally planned and have worked a lot beforehand, this may result in exceeding the permitted average weekly working hours.

Am I allowed to work freelance or self-employed with the Opportunity Card?

No, under Section 20a Paragraph 2 of the Residence Act the Opportunity Card only entitles you to employment, i.e., dependent work. The provision does not explicitly regulate whether and to what extent self-employment is permissible. Section 98 Paragraph 3 Number 1 of the Residence Act, which penalizes unauthorized self-employment, also does not mention Section 20a of the Residence Act. However, the Federal Ministry of the Interior (BMI) is unequivocal on this point as well:

"By defining the scope of employment, self-employment is not permitted. The residence permit or the corresponding supplementary sheet must be marked accordingly:”

“Employment of a maximum average of twenty hours per week is permitted. Trial employment in accordance with Section 20a Paragraph 2 Number 2 of the Residence Act is permitted for up to two weeks at a time. Self-employment is not permitted.”

This regulation applies only to the initial job-search Opportunity Card (Such-Chancenkarte).

(unofficial translation, see BMI application guidelines section 20a.2.0 here )

However, according to Section 20a Paragraph 5 Sentence 5 of the German Residence Act (AufenthG), this does not apply to the follow-up Opportunity Card (Folge-Chancenkarte) – here, the prohibition with reservation of permissionunder Section 4a Paragraph 3 Sentence 4 of the German Residence Act applies (see Bergmann/Dienelt/Broscheit, 15th edition 2025, German Residence Act Section 20a, marginal note 33). Unlike the initial job-search Opportunity Card, a violation here is subject to a fine. Even so, a violation with the initial job-search Opportunity Card is not without consequences. It can jeopardize your later switch to another residence permit (Section 54 Paragraph 2 Number 10 of the Residence Act).

Transition phase – application filed: Can I work full-time in my new job before the decision?

No, not before the immigration authority has permitted the new employment. If you switch to the Blue Card or another residence permit, you remain bound by the 20-hour limit of the Opportunity Card until then, even if the card expires during the procedure (Section 81 Paragraph 4 of the Residence Act).

Small consolation: You can use the waiting period to work up to 20 hours or on a trial basis with your new employer (Section 20a Paragraph 2 of the Residence Act).

When you may start working full-time is stated in the entry on employment on your Fiktionsbescheinigung (“fictional certificate”) or in the supplementary sheet (Zusatzblatt) to your new residence permit.

What fine is imposed for more than 20 hours - and when does it become a criminal offense?

Up to €5,000. That this constitutes an administrative offense is established by Section 404 Paragraph 2 Number 4 of the German Social Code, Book III (SGB III). This provision explicitly refers to Section 20a Paragraph 2 of the German Residence Act (AufenthG). The fine amounts to up to €5,000 (Section 404 Paragraph 3 SGB III), and up to €2,500 in cases of negligence (Section 17 Paragraph 2 of the German Administrative Offenses Act (OWiG)). The fine proceedings are conducted by German Customs (Zoll) (Section 405 Paragraph 1 Number 1 SGB III).

If a violation is persistently repeated, it can become a criminal offense under Section 11 Paragraph 1 Number 2 (b) of the German Act on Combating Undeclared Work (SchwarzArbG) (imprisonment of up to one year or a fine).

The employer is also liable. According to Section 404 Paragraph 2 Number 3 of the German Social Code, Book III (SGB III), they risk a fine of up to €500,000. Therefore, the fact that many employers generally refuse overtime beyond 20 hours is not malicious, but rather a way to protect themselves from fines.

Does a violation jeopardize the transition to the Blue Card?

Yes, and that is the real danger. For switching to the Blue Card, under Section 18a or 18b of the Residence Act, the general requirement for issuance under Section 5 Paragraph 1 Number 2 of the Residence Act applies: there must be no public interest in expulsion (Ausweisungsinteresse). A violation of the law that is not merely isolated or minor constitutes such an interest (Section 54 Paragraph 2 Number 10 of the Residence Act). The immigration authorities learn of a concluded administrative fine proceeding via Section 87 Paragraph 4 of the Residence Act.

Important: If your new residence permit requires the consent of the Federal Employment Agency (Bundesagentur für Arbeit, “Arbeitsagentur”), this consent can be refused even for a negligent violation, and without any fine notice (Section 40 Paragraph 2 Number 1 of the Residence Act). Even if no consent from the Federal Employment Agency is required, the immigration authority can refuse the Blue Card on the same grounds (Section 18 Paragraph 2 Number 2 of the Residence Act).

On the other hand, a violation does not automatically lead to a refusal. The authorities have leeway. A liberal legal practice is employed with regard to the Opportunity Card (especially in Berlin), which is reflected, for example, in the decision regarding the possibility of extending the job search period for post-graduates. Don’t forget that Germany is looking for skilled workers, which gives your lawyer a strong argument in case of a dispute.

Practical tips for holders of the Opportunity Card

You can take precautions to avoid conflicts. Keep a separate log of your hours worked for all jobs, including overtime. If possible, stipulate a fixed (or at least average) number of hours per week in each employment contract. Submitting such a document makes things easier for the authorities – and a government employee who simply has to tick a box is usually in a better mood than one who has to spend half an hour calculating an average.

For trial employment periods, document the duration and the relevant qualifications in writing. Before applying to switch to a new residence permit, check for any irregularities. If any have occurred, we recommend seeking advice before submitting your application.

A particular problem is that the sectors listed in Section 2a Paragraph 1 of the Act on Combating Undeclared Work (SchwarzArbG) are subject to increased inspections. However unfair it may seem, anyone working temporarily for a delivery service, in the catering industry, or at trade fairs and festivals must be prepared for a thorough review of their documents. In these sectors, you must carry your passport at work and show it to customs on request.

Conclusion

The Opportunity Card allows work alongside job searching. Except for qualified trial employment, there is a time limit of an average of no more than 20 hours per week. Those exceeding this limit risk a fine and, more importantly, their chances of receiving a Blue Card.

Quick answer

• With the Opportunity Card (Chancenkarte), you may work part-time or in a side job for no more than 20 hours per week on average. All jobs count, including a mini-job (Minijob), and so does all overtime (§ 20a Abs. 2 AufenthG).

• Qualified trial work (Probebeschäftigung) of up to two weeks at a time is also allowed. Self-employment and freelancing are not.

  
  

• A job offer alone does not allow permanent full-time work, not even after you apply for the EU Blue Card or a work visa. You first need permission from the immigration authority (Ausländerbehörde), for example a Fiktionsbescheinigung (“fictional certificate”) with work permit (§ 81 Abs. 4 and 5a AufenthG).

  
  

• Working more than 20 hours can lead to a fine of up to €5,000 from German Customs (Zoll). Persistent violations can be a criminal offense (§ 404 Abs. 2 Nr. 4 SGB III, § 11 Abs. 1 Nr. 2 lit. b SchwarzArbG).

  
  

• A fine is not a criminal record and does not in itself lead to deportation. But even a negligent violation can jeopardize your switch to the EU Blue Card, without any fine notice being required (§§ 40 Abs. 2 Nr. 1, 18 Abs. 2 Nr. 2 AufenthG).

  
  

As of November 2026 · Legally reviewed by: Visaguard partner lawyer