Work permit Schengen visa

All necessary information about work permits and the possibility of gainful employment with a Schengen visa.

Here you learn ...

whether you are allowed to work with a Schengen visa
which regulations apply to business trips with a Schengen visa
Obtaining a work permit with a Schengen visa (Schengen hybrid visa)
Activities in the Exclusive Economic Zone with a Schengen visa

1. Working with a Schengen visa

2. Business trips with a Schengen visa

3. Schengen hybrid visa (working with a Schengen visa)

4. Exclusive Economic Zone (EEZ) and Schengen visa

5. FAQ

6. Conclusion working with a Schengen visa

1. Working with a Schengen visa

The Schengen visa only authorizes short-term stays in the Schengen area—for example, for tourism or family visits. Working is expressly prohibited with a Schengen visa , not even in the form of short-term employment or internships ( Section 6, Paragraph 2a of the Residence Act ). This applies regardless of whether the work is dependent or self-employed. Anyone who works with a Schengen visa violates the applicable residence regulations of the Federal Republic of Germany.

Working with a Schengen visa is even a criminal offense (see Section 95, Paragraph 1a of the Residence Act ). Illegal employment with a Schengen visa is not merely an administrative offense; it is prosecuted as a criminal offense and can even result in imprisonment . Violating the work ban on a Schengen visa can therefore have significant legal consequences. Companies that employ people with Schengen visas also face severe penalties.

2. Business trips with a Schengen visa

However, an exception to the prohibition on working with a Schengen visa is business trips (so-called non-employment fictions, see Section 30 of the Employment Ordinance ). The law defines the following activities as business trips with a Schengen visa:

Contract negotiations and contract conclusions
in-company training
Participation in trade fairs
short-term activities of CEOs

However, it should be noted that in individual cases, it is very difficult to distinguish between a business trip (which does not require a permit) and a work activity (which requires a permit) with a Schengen visa. This is particularly true in the area of consulting activities. The boundaries between contract negotiations and consulting can be blurred here . If in doubt, legal advice should be sought in unclear cases of business trips to avoid illegal work with a Schengen visa.

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3. Schengen hybrid visa (working with a Schengen visa)

Under certain conditions, Schengen visas can also be issued for work purposes (so-called Schengen hybrid visas ). However, this is not the norm and is only considered in exceptional cases. Nevertheless, the Schengen visa with work permit can be an attractive option for skilled workers and companies , as it allows for flexible work assignments in Germany . The Schengen hybrid visa thus avoids employees having to apply for a new Schengen visa for each work assignment.

For a Schengen work visa, you must meet the same requirements that you would also have to meet for the respective D visa. The issuance of a work permit for a Schengen work visa or Schengen hybrid visa is therefore governed by the regulations for national visas ( Sections 18 et seq. of the Residence Act ) . However, some residence permits are not suitable for a work permit within a Schengen visa due to legal requirements (particularly European law). In particular, the following legal bases for a work permit with a Schengen visa are excluded:

EU Blue Card
ICT card
Researchers
European Voluntary Service
Study-related internship EU

Therefore, if you want to obtain a work permit for your Schengen visa, you must choose a legal basis for the work permit that is compatible with the Schengen visa regulations . This applies, for example, to the following residence permits:

temporary employment as a skilled worker (§§ 18a, 18b AufenthG)
international personnel exchange (Section 10 of the Employment Ordinance)
Corporate specialist (Section 3 No. 3 BeschV)
GATS posting (Section 29 (5) BeschV)

Overall, experience shows that obtaining a work permit for a Schengen visa is comparatively difficult (even if it is legally possible). Many caseworkers and even some lawyers aren't even aware that it's even possible to obtain a work permit for a Schengen visa. If you have difficulty obtaining a work permit for your Schengen visa, you can refer the relevant caseworker to the Federal Foreign Office's visa handbook (article "Gainful Employment (Introduction)", 73rd supplement, as of May 2021, pages 7/8).

4. Exclusive Economic Zone (EEZ) and Schengen visa

Third-country nationals may work in Germany's Exclusive Economic Zone (EEZ) even with a Schengen visa or without a residence permit, as the Residence Act does not apply there. The EEZ, which extends up to 200 nautical miles beyond Germany's territorial waters, is not part of the country's territory for residence purposes. While Germany could enforce its entry and residence regulations in the EEZ under international law, it has deliberately refrained from doing so. This means that gainful employment in the EEZ does not require a residence permit, which is particularly relevant for work in offshore wind energy, research, or on ships in the North and Baltic Seas.

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5. FAQ

Can you work in Germany with a Schengen visa?
With a Schengen visa, gainful employment in Germany is generally prohibited. Neither dependent nor self-employed work is permitted. Violation of this rule constitutes a criminal offense under Section 95 (1a) of the Residence Act and may result in criminal prosecution.

Are there exceptions for business trips with a Schengen visa?
Yes, certain business trips are permitted, such as for contract negotiations, trade fairs, company training, or managerial activities (Section 30 of the Employment Ordinance). However, the distinction between these and employment requiring a permit is often difficult and should be legally reviewed in case of doubt.

What are the requirements for a work permit with a Schengen visa?
The requirements essentially correspond to those for a national visa under Sections 18a and 18b of the Residence Act or Sections 3, 10, and 29 of the Employment Ordinance. The work permit must be compatible with a permitted field of activity. However, the approval process is restrictive and often poorly understood.

What is a Schengen hybrid visa and when is it possible?
A Schengen hybrid visa is a Schengen visa with an integrated work permit. It is only granted in exceptional cases if the activity is compatible with Schengen law. Examples include international staff exchanges or temporary assignments of skilled workers.

6. Conclusion

In principle, gainful employment in Germany is not permitted with a Schengen visa – regardless of whether it is dependent employment or self-employment. Violating this prohibition even constitutes a criminal offense under Section 95 (1a) of the Residence Act. Only certain activities within the context of business trips (Section 30 of the Employment Ordinance) are permitted, although legally distinguishing these from employment can be problematic in individual cases. In exceptional cases, it is possible to obtain a so-called Schengen hybrid visa with a work permit, although strict requirements must be met. Activities in the Exclusive Economic Zone (EEZ), on the other hand, do not require a residence permit, as this is not German territory within the meaning of the right of residence. Anyone wishing to work in Germany with a Schengen visa should therefore urgently seek legal advice to avoid criminal consequences and problems with residence permits.