Part 1 of the series on labor market admission: general requirements

Many people are facing major questions when dealing with the legal aspect of labor market admission in Germany. The general requirements are set out in our first section.

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Labor market admission in Germany

The German job market offers a wide range of opportunities, even for people who don’t have German citizenship. The requirements that need to be met, to take up employment in Germany, depend on your nationality.

Citizens of the European Union and the European Free Trade Association

Citizens of the European Union (EU) enjoy what is known as freedom of movement for workers within the EU and thus unrestricted labor market admission. Only a passport or identity card is required for entry – a residence permit is not required. Access to employment and self-employment, training, and study in Germany is thus unrestricted.

For citizens of the European Free Trade Association (EFTA), which includes Liechtenstein, Norway, Iceland and Switzerland in addition to the EU member states, the same rules apply with regard to labor market admission as for EU citizens.

Third-Country Nationals

Persons who are not citizens of an EU or EFTA Member State, are legally referred to as “Third-Country Nationals”. Third-Country Nationals generally require a residence permit to reside and work in Germany. Your access to the German labor market is determined by the Residence Act (Aufenthaltsgesetz/AufenthG) and the Employment Regulation (Beschäftigungs Verordnung/ BeschV).

Different residence permits are issued depending on the duration and purpose of the stay. The Residence Act distinguishes between seven different residence permits: the visa, the residence permit, the EU Blue Card, the EU long-term residence permit, the ICT card, the mobile ICT card, and the settlement permit.

As a rule, Third-Country Nationals who wish to enter Germany for the purpose of taking up employment, must apply for a visa at the competent German diplomatic mission (embassy or consulate) before entering the country. Jurisdiction is generally based on place of residence. The Consulate Finder can be used to find out which German diplomatic mission is responsible for visa applications. The issued visa is affixed to the passport as a label. With a national visa (D visa), you can usually start working immediately after entering the country.

An exception applies to citizens of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. They can also enter Germany without a visa and apply for a residence permit at the immigration office immediately before starting employment.

Approval of the Federal Employment Agency of Germany

For some jobs, approval from the Federal Employment Agency of Germany is required. This is requested internally by the embassy.
As a matter of principle, in the case of approval by the Federal Employment Agency of Germany it is taken for granted that

  • a legal provision grants access to the German labor market
  • a specific job offer is available
  • working conditions comparable to those of domestic employees
  • the foreign national is not to work as a temporary agency worker

Approval is generally granted for the duration of employment, up to a maximum of four years. After two years of legal employment in Germany, renewed approval from the Federal Employment Agency of Germany is generally no longer necessary (for example, when changing employers).

If the application for a residence permit is submitted via the German diplomatic mission abroad, the Federal Employment Agency of Germany may need to perform a preliminary review. The preliminary check is requested by the company directly from the Federal Employment Agency of Germany in advance of the visa application. This is intended to speed up the visa process.

After entering Germany

After entering Germany, you must register with the relevant residents’ registration office within three months.
Third-Country Nationals who come to Germany to work, are normally required to convert their visa into a residence permit after entering the country. Sufficient time should be allowed for scheduling appointments and subsequent processing. You should therefore contact the relevant immigration office well in advance of your visa expiry date.

The electronic residence permit is issued as a plastic card in credit card format. It has a chip that stores personal data and biometric features (photograph and fingerprints). The electronic residence permit also facilitates the use of the online ID function, for example for certain government services.

Immigration authorities may add additional notes to residence permits (e.g. labor market admission). These notes are referred to as ancillary provisions and may be subject to restrictions. Additional provisions and other conditions relating to the residence permit, are also stored on the electronic residence permit chip and printed on an additional sheet, which is issued by the immigration authorities with the electronic residence permit.