Social law for foreigners
All information on applying for social benefits and state support by foreigners in Germany.
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Here you learn ...
when social benefits are sufficient to secure a livelihood
what state support foreigners can apply for
how and where foreigners can apply for unemployment benefits
how and where foreigners can apply for child and parental benefits
Table of contents
1. Livelihood and social law
2. What social benefits are permitted for foreigners?
3. Unemployment benefit for foreigners
3.1 What is unemployment benefit?
3.2 When can I get unemployment benefits as a foreigner (requirements)?
3.3 Amount and duration of unemployment benefit
3.4 How to apply for unemployment benefits?
4. Child benefit, child supplement and parental allowance for foreigners
4.1 Child benefit for foreigners
4.2 Parental allowance for foreigners
4.3 Child allowance for foreigners
5. Citizen's allowance / social assistance / Hartz IV for foreigners
6. Asylum Seekers Benefits Act (AsylblG)
7. FAQ Social Law for Foreigners
8. Conclusion Social Law
1. Livelihood and social law
Anyone who wants to live in Germany as a foreigner must generally support themselves . This means that rent, food, clothing, health insurance, and other everyday expenses must be covered through their own resources – for example, through work or their own assets. This is stipulated in Section 5, Paragraph 1, No. 1 of the Residence Act (AufenthG) . According to the basic principle of the law, foreigners should not receive any state support.
However, foreigners are not completely defenseless in Germany when it comes to securing their livelihood. But when do foreigners acquire social assistance entitlements ? When and how can foreigners apply for social assistance or other state benefits in Germany? There is a lot of uncertainty, especially in the area of social security law – especially for new immigrants. We explain your rights and options, and what you should consider when applying for state assistance.
2. What social benefits are permitted for foreigners?
According to the law, unemployment benefits and various family support benefits are particularly exempt from the social assistance ban for foreign nationals. According to Section 2, Paragraph 3, Sentence 1, No. 6 of the Residence Act , the receipt of "public funds based on contributions" is not considered a use of public funds. The same applies to child benefit, child supplement, and parental allowance, according to Section 2, Paragraph 3 of the Residence Act. Foreign nationals may therefore apply for these important state benefits without affecting their residence status.
In addition to these practical provisions, the law allows foreigners to obtain the following funds:
Training support for apprentices, BAföG for students and so-called master BAföG.
Maintenance advances: Maintenance payments under the Maintenance Advance Act are not considered a use of public funds.
Childcare allowance: Childcare allowance was a family support benefit and no longer exists. Childcare allowance has been replaced by parental allowance.
The following discusses the most important practical legal questions regarding the receipt of unemployment benefit, child benefit, child supplement and parental allowance.
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3. Unemployment benefit for foreigners
The so-called Unemployment Benefit I under the German Social Code (SGB III) is a public benefit based on contributions. Foreign nationals are therefore entitled to unemployment benefit , as they also pay into unemployment insurance during their employment.
3.1 What is unemployment benefit?
Unemployment benefit is a financial benefit provided by the Federal Employment Agency in Germany. It provides financial support to people who are temporarily unemployed and helps them secure their livelihood while they search for a new job. Unemployment benefit is granted depending on the length of time previously spent in compulsory employment and the person's age. The benefit period is generally up to 12 months.
According to the administrative practice of most immigration authorities, when granting or extending a residence permit, the applicant's livelihood is only considered secure for the period during which the applicant is entitled to the required amount of unemployment benefit I. Accordingly, if unemployment benefit is received, the residence permit is usually only extended for this period.
3.2 When can I get unemployment benefits as a foreigner (requirements)?
To receive unemployment benefit I (ALG I), certain requirements must be met:
You have been employed subject to social insurance contributions for at least 12 months within the last 30 months (with a work permit).
You are available for employment (i.e. you are willing and able to work).
You registered as unemployed in a timely manner.
Please note that registering as unemployed ("job seeking") is not the same as applying for unemployment benefits ("unemployed"). You should also note that your obligation to inform the immigration authorities ( Section 82, Paragraph 6 of the Residence Act ) is independent of registering as unemployed with the Federal Employment Agency. Therefore, if your employment contract has been terminated, you must do the following:
Inform the immigration authorities,
register as unemployed with the Federal Employment Agency (online possible),
Register as unemployed with the Federal Employment Agency (only possible online with an activated online ID card, otherwise in person).
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3.3 Amount and duration of unemployment benefit
The amount of unemployment benefit depends on your most recent net income . Typically, you will receive 60% of your last net salary . If you have a child, the rate increases to 67%. The exact amount is calculated individually and can vary depending on your tax bracket and marital status. You can determine the unemployment benefit you are entitled to yourself using online tools such as the unemployment benefit calculator .
The duration of ALG I benefits depends, among other things, on the length of previous employment and age. Up to the age of 50, you are entitled to 12 months of ALG benefits. From the age of 50, the entitlement period increases to up to 24 months if the respective qualifying periods are met.
3.4 How to apply for unemployment benefits?
The application for unemployment benefit must be submitted to the Federal Employment Agency – either online ( with online ID) or in person . Important: Register as unemployed early to avoid cuts in benefits. Ideally, you should report to your responsible office of the Federal Employment Agency on the first day of unemployment. Take your residence permit and passport with you, and if possible, your employment contract and notice of termination. The clerk on site will then ask you a few questions, and you will then be registered as unemployed and job-seeking with the Federal Employment Agency. The application for unemployment benefit can then be submitted very easily via the Federal Employment Agency's online portal.
4. Child benefit, child supplement and parental allowance for foreigners
Foreign families living in Germany are entitled to various state family benefits under certain conditions. These include child benefit ( §§ 1 ff. BKGG ), parental allowance ( §§ 1 ff. BEEG ), and child supplement ( § 6a BKGG ). These benefits are intended to provide financial relief for families with children – even if they do not have German citizenship. Here you can find out which requirements apply to foreigners and how you can apply for the benefits.
4.1 Child benefit for foreigners
Child benefit is a key support for families in Germany and can also be applied for by foreign nationals – provided certain residence permit requirements are met:
Non-EU citizens receive child benefit if they have a residence permit that entitles them to work (e.g. work visa).
EU/EEA citizens and Swiss citizens receive child benefit regardless of their residence permit, as they are treated equally under the right of freedom of movement.
As a rule, foreign students, trainees or people with certain temporary residence permits (Section 16, Section 17 of the Residence Act) are exempt from this entitlement, provided that no gainful employment is permitted.
In addition, special intergovernmental agreements apply in some cases, for example, with Turkey, Morocco, Algeria, or Tunisia. One of our VISAGUARD attorneys will be happy to advise you on these exceptions.
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4.2 Parental allowance for foreigners
Parental allowance is intended to help parents compensate for lost earnings after the birth of a child. Those eligible include, in particular, EU/EEA citizens and Swiss nationals, foreign nationals with a settlement permit or a residence permit with a work permit, and citizens of certain countries (including Turkey, Algeria, Morocco, and Tunisia). Non-German citizens can also apply for parental allowance. However, they must meet the following requirements:
Residence or habitual abode in Germany
Living with the child in the same household
Self-care and upbringing of the child
No or limited employment (max. 30 hours per week)
Parental allowance amounts to 67% of previous net earnings, up to a maximum of €1,800 per month. The minimum parental allowance is €300. For multiple births, a flat rate of €300 per child is added. Payment is limited to a maximum of 14 months (for both parents together).
4.3 Child allowance for foreigners
The child supplement pursuant to Section 6a of the Federal Child Benefits Act (BKGG) is paid in addition to child benefit and is aimed at low-income families . The child supplement currently amounts to up to €292 per child (as of 2025) and is available for an unlimited period – even for multiple children. The exact amount depends on the parents' income and, if applicable, the child's income.
The requirements for the child benefit are as follows:
Entitlement to child benefit must exist
the parents' income is sufficient for their own living expenses, but not for the entire family
no benefits are received under SGB II or XII
The child benefit can therefore always be applied for when the livelihood is actually secured and the security would no longer exist with a newborn child because the family's needs increase.
5. Citizen's allowance / social assistance / Hartz IV for foreigners
Foreign nationals can apply for citizen's allowance in Germany under certain conditions—for example, if they have a valid residence permit and are habitually resident in Germany. However, be careful: Receiving citizen's allowance can negatively impact the renewal of their residence permit. Many residence permits require that they be self-sufficient. Those receiving citizen's allowance may risk having their renewal application denied.
If you still want to apply for citizen's allowance (e.g. to secure your livelihood), you must meet the following requirements:
self-employed or employed
You come from a country of the European Union (EU), the European Economic Area (EEA) or Switzerland and were previously employed in Germany and are now involuntarily unemployed or
You come from another country (third country) and have a residence permit that entitles you to receive citizen's allowance.
You cannot receive citizen’s allowance if you
are not legally resident in Germany
came to Germany only to look for work
Receive benefits under the Asylum Seekers Benefits Act
6. Asylum Seekers Benefits Act (AsylblG)
Not all foreign nationals in Germany are entitled to unemployment benefits or citizen's allowance. Certain groups of people, particularly asylum seekers, are not covered by the regular system of basic social security and employment promotion . Instead, they receive benefits under the Asylum Seekers' Benefits Act (AsylbLG) . This applies to the following groups:
Asylum seekers in the ongoing asylum procedure and persons who have submitted a subsequent asylum application
Rejected asylum seekers with a border crossing certificate
Persons who have received temporary protection under Section 24 of the Residence Act – in particular refugees from Ukraine, within the framework of initial reception
Persons who have entered the country illegally and are intended for transfer to other federal states under Section 15a of the Residence Act
Victims of human trafficking who testify as witnesses in criminal proceedings
These groups usually receive support in the form of basic benefits for housing, food, medical care and a small cash amount – well below regular social benefits.
7. FAQ
Are foreigners allowed to apply for social benefits in Germany?
Yes, under certain conditions, foreign nationals may apply for social benefits. This depends on their residence status and whether they are entitled to social benefits under German law (e.g., for contributions such as unemployment benefit I).
What social benefits are available to foreigners in Germany?
Possible benefits include unemployment benefit I, child benefit, parental benefit, child supplement and training support (BAföG).
Can foreigners receive unemployment benefit I?
Yes, if you have worked for at least 12 months in the last 30 months and have registered as unemployed in good time, you are entitled to unemployment benefit I.
Does receiving unemployment benefits affect your residence status?
Unemployment Benefit I is based on contributions and is not considered a "use of public funds." Therefore, it generally does not negatively impact your residence permit.
8. Conclusion
German social security law also grants foreign nationals access to state support under certain conditions – despite the fundamental principle of independent subsistence. Foreign nationals can apply for social benefits such as unemployment benefit I, child benefit, parental allowance, and child supplement without this generally negatively affecting their residence status. These benefits are either based on contributions or are intended to support families and are therefore expressly permitted by law. However, caution is advised with regard to citizen's allowance and other basic social security benefits: These can affect the extension of a residence permit. Special regulations apply to asylum seekers and certain other groups of persons under the Asylum Seekers Benefits Act (AsylbLG), which, however, provides for significantly lower benefits.
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List of sources
[1] Marx, Residence, Asylum and Refugee Law, 8th edition 2023
[2] Administrative instructions for residence in Berlin (VAB), as of 18.02.2025, § 2
