Second job with a Blue Card – when is a fine imposed? Criminally overemployed Part 1

Since remote work has become the norm, a phenomenon has gained a name on social media: " Overemployed " – holding two or more jobs simultaneously, often from a home office. This might take the form of two full-time jobs, an additional weekend mini-job, or an additional remote contract with a company abroad.

For German citizens, this is primarily a labor law issue. However, those who hold an EU Blue Card or a residence permit under Sections 18a, 18b, or 19c of the German Residence Act (AufenthG) quickly find themselves in the realm of administrative offenses and, in the worst-case scenario, criminal law. They are then criminally overemployed.

Am I allowed to have a second job with the Blue Card?

Only with permission. This may be the case if the supplementary provision of your title already permits any gainful employment.

In principle, since March 1, 2020, residence permits are subject to a prohibition clause (§ 4a para. 1 of the German Residence Act). For skilled workers, § 4a para. 3 sentence 4 of the German Residence Act raises the question of whether the permit was granted for the purpose of a specific occupation. If so, any other gainful employment is prohibited unless authorized by the authorities.

“Other gainful employment” within the meaning of Section 4a Paragraph 3 Sentence 4 of the Residence Act is to be understood broadly and includes all usual situations: the mini-job, the weekend work and also the remote position with a foreign employer, because anyone who works from Germany is employed in Germany .

What applies in each individual case is stated in the supplementary provision on the addendum to the title. For example, "Employment only permitted as (...) at (...)" excludes a second job.

If, however, it states "Employment permitted," the supplementary provision allows it as a second job. In our experience, the Berlin State Office for Immigration often automatically enters the permission to work for Blue Card holders – the wording that is favorable to you.

Is it true that secondary jobs are generally prohibited with a Blue Card?

No, this statement is outdated. A widely read federal portal still states, as of 2021, that self-employed and freelance secondary employment is excluded with a Blue Card. Today, the only determining factor is the supplementary provision or a permit according to Section 21 Paragraph 6 of the Residence Act ( post 4 from "Criminally overemployed" ).

Equally false is the myth that a Blue Card allows one to work "up to 20 hours" on the side. No such limit exists for the Blue Card. The 20 hours apply to the Opportunity Card ( see post 3 from "Criminally overemployed" ).

Doesn't the freedom to change employers also apply to a second job?

No, a part-time job is different from changing employers. While holders of the Blue Card do not need permission to change jobs , Section 18g Paragraph 4 of the Residence Act (AufenthG) explicitly deviates from Section 4a Paragraph 3 Sentence 4 in this respect; during the first twelve months, the authorities can only suspend the change for 30 days. It may be surprising, but unlike a change of employer, the legal situation regarding promotions and changes of position within a company is assessed inconsistently (BeckOK MigR/Ewald/Werner, 25th ed. 1.3.2026, AufenthG § 18g Rn. 118) – in these cases, permission may be required.

The wording of Section 18g Paragraph 4 of the German Residence Act (AufenthG) refers to a change of workplace and therefore explicitly excludes parallel employment . Section 18g Paragraph 4 of the Residence Act is therefore unlikely to cover a second job. Even considering the application guidelines, legal uncertainty exists in borderline cases. This is also true for transitional periods: Anyone who starts working for a new employer while on leave or remaining vacation time with their old employer is employed by two employers for a few days or weeks. For titles under Sections 18a, 18b, or 19c, a permit for the new position is required before the first day of work anyway .

What fine is imposed for having a second job without permission?

Anyone who engages in employment contrary to Section 4a Paragraph 3 Sentence 4 of the Residence Act (AufenthG) commits an administrative offense under Section 404 Paragraph 2 Number 4 of the German Social Code, Book III (SGB III). The fine is up to €5,000 (Section 404 Paragraph 3 SGB III). In cases of negligence, the maximum fine is halved to €2,500 (Section 17 Paragraph 2 of the German Administrative Offenses Act (OWiG)).

If the second job is performed on a self-employed basis, Section 98 Paragraph 3 Number 1 of the Residence Act applies instead ( see post 4 from "Criminally overemployed" ). The second employer even risks fines of up to €500,000 under Section 404 Paragraph 2 Number 3 of the German Social Code, Book III (SGB III) , because they are required to verify the employment title. Anyone who persistently repeats this violation commits a criminal offense under Section 11 Paragraph 1 Number 2 of the Act on Combating Undeclared Work ( see post 4 from "Criminally overemployed" ).

“I didn’t know that was forbidden” – does that help?

Sometimes. The law on administrative offenses distinguishes between two types of error - the error of fact (§ 11 para. 1 OWiG) and the error of prohibition (§ 11 para. 2 OWiG).

Anyone who overlooks a restrictive supplementary provision due to ambiguous or unclear wording, or misunderstands its meaning, and therefore assumes that the second job is covered by the authorization, may be mistaken about a factual circumstance (§ 11 para. 1 OWiG). Intent may be negated, and only prosecution for negligence (§ 11 para. 1 sentence 2 OWiG) remains conceivable. Note: § 404 para. 2 SGB III applies in cases of intent and negligence.

Anyone who knows their employment is tied to a specific employer but believes a second job is still permitted is acting under a mistake of law (§ 11 para. 2 OWiG). In this case, they are only not culpable if they could not have avoided the mistake. The requirements for this are high: Anyone who receives a supplementary provision must, if in doubt, inquire about it. A mistake has always been considered unavoidable, and this remains true today.

" If the perpetrator, despite exercising the necessary degree of conscience required of him according to the circumstances of the case, his personality, and his social and professional background, was unable to gain insight into the unlawfulness of his actions […] This presupposes that he employed all his intellectual faculties and eliminated any doubts that arose through reflection and, if necessary, by seeking advice […] If the perpetrator could have recognized the unlawfulness of his actions with due exertion of his conscience, then his mistake of law is culpable. "

(Federal Court of Justice, decision of 27 January 1966 - KRB 2/65 (KG)).

You should not blindly rely on a verbal statement from HR or a relocation agency, because there must be

" All reasonable avenues of inquiry must be exhausted [...] In this respect, the person concerned must contact competent, expert bodies/persons, on whose information – affirming the legality of the planned conduct – he may rely if it appears trustworthy ."

(KK-OWiG/Rengier, 6th ed. 2025, OWiG § 11 para. 59).

As you can see, it very much depends on the individual case.

What should I do if I already have a second job?

First, check the supplementary provisions of your residence permit. If the second job is not covered, you should suspend it and apply for permission. The permission is only valid for the future. If you suspect you have already made a mistake, seek legal advice to avoid making any further errors. Do not provide any false information in the application – this would be a criminal offense ( see post 4 from "Criminally overemployed" ). If you have already received a summons or a questionnaire , the first step is to request access to the case file ( see post 7 from "Criminally overemployed" ).

Conclusion

A fine for an unauthorized second job with a Blue Card is annoying, but avoidable. Essentially, two points need to be considered: firstly, the order of events (permit first, then the job), and secondly, the wording of the supplementary conditions. If you are unsure about the planning, keep in mind: legal advice is almost always cheaper than a fine, and a video call is less cumbersome than arguing about termination, the extension of your residence permit, or your permanent residence permit.