Social law for foreigners: Can foreigners with a visa receive citizen's allowance (SGB II) in Germany?

Imagine you've invested years in your career in Germany, built a life for yourself, and hold an EU Blue Card . But then the unexpected happens: job loss catches you unprepared, you haven't yet accrued entitlement to unemployment benefits (12-month waiting period), and your savings are dwindling. Going to the job center and applying for citizen's income ( benefits under the German Social Code, Book II ) seems like the logical solution in a welfare state. But this is precisely where a trap snaps shut, one that many expats and skilled workers aren't aware of. A single signed application for citizen's income can, under certain circumstances, not only end your financial worries but also signal the end of your legal residency in Germany . In our legal practice, we repeatedly see how claiming state aid backfires, attracting the attention of the immigration authorities.

Citizen's income and livelihood security for foreigners

The core conflict lies in the Residence Act, more precisely in Section 2 Paragraph 3. The granting and extension of almost every visa for employment purposes is contingent upon the strict requirement that the applicant's livelihood is secured. This means the foreigner must be able to cover their expenses without recourse to public funds . As soon as someone applies for citizen's income support, this principle is considered to be undermined. Immigration authorities interpret the receipt of social assistance as strong evidence that the general requirement for granting a visa no longer applies. Therefore, anyone who prematurely seeks state aid often provides the authorities with the legal basis to revoke or not extend their residence permit. In some cases, there are even so-called expiration clauses (e.g., a supplementary provision in the residence permit stating "Expires upon receipt of benefits under the German Social Code, Book II").

The legal hurdles to receiving benefits

In principle, foreigners are eligible for citizen's income under certain conditions – they must be at least 15 years old, not yet have reached retirement age, be capable of working, be in need of assistance, and have their habitual residence in Germany ( § 7 SGB II ). However, the German Social Code, Book II ( SGB II) , severely restricts this group . EU citizens are legally excluded from receiving citizen's income for the first three months without employment. The situation is even stricter for third-country nationals: those who do not have a right of residence or whose visa is solely for job seeking ( Opportunity Card according to § 20a and Job Seeker Visa according to § 20 ) or for finding a place in vocational training or university studies (§ 17) remain excluded from citizen's income. This also applies to family members , which in serious cases can jeopardize their entire livelihood.

The narrow bridge: When occupancy is exceptionally possible

Despite the strict rules, there is a very narrowly defined situation in which skilled foreign workers can legally receive social benefits without immediately losing their status. This applies to individuals who hold a residence permit for employment purposes – such as an EU Blue Card or a visa under Section 18b of the German Residence Act – and who became involuntarily unemployed before they were eligible for contribution-based unemployment benefit I. However, if this benefit is insufficient or they are not yet eligible, the citizen's allowance (SGB II) comes into play. As long as the residence permit for employment purposes has not been revoked by the immigration authorities despite the termination of the employment contract and is still valid, these foreigners can apply for citizen's allowance. However, extreme caution is advised: Many residence permits contain a so-called expiry clause in the fine print. This clause often states unequivocally that the visa automatically expires upon receipt of benefits under SGB II . In such a case, applying for social benefits leads directly to illegality.

Conclusion: Beware of going to the job center

In summary, the issue of receiving social assistance for foreigners with a work visa is highly sensitive. While it is legally possible to receive citizen's income under specific conditions, in practice this is strongly discouraged unless a thorough legal review of the individual case has taken place . The risk that the immigration authorities will determine that the means of subsistence have ceased or that a termination provision will apply is simply too great if the case has not been reviewed by an expert beforehand. Therefore, before submitting an application to the job center, you should absolutely have your residence permit checked to ensure that you do not jeopardize your future in Germany.