Germany Immigration Services

Immigration Summary

EU/EEA/Swiss nationals: Do not require a work permit for Germany. However, those who will be working in Germany for longer than three months should register with the town hall. Swiss nationals should also register with their local foreign office and obtain a residence card (Aufenthaltserlaubnis-CH). For assignees on home country contract, Posted Worker Notification (PWN) may be required, depending on the industry and posting type.

EU/EEA/Swiss residents: Who are third-country national locally employed and contracted by their home entity in their country of residence and sent to provide temporary services to another EEA country, do not require a work permit under the “Van der Elst” assignment process. However, a visa may be issued for up to one year. A residence permit will only be required if the period of stay is extended beyond the initial visa validity.

Non-EU/EEA/Swiss nationals: Require a ''Residence Permit for Employment” purposes to work and reside in Germany. Different types exist, depending on the level of qualification and salary threshold, as well as the type of contract (local hire or assignment).

The Intra-Company Transfer Permit (EU Directive 2014/66): Is only applicable to assignees falling into management/specialist or trainee categories sent to Germany for over 90 days from outside the EEA. It has a maximum total duration of stay of three years for managers and specialists and one year for trainees. The applicant must have been employed by the sending company for a minimum of six months. Applicants who meet the qualifying criteria for this process, may not apply under an alternative route for assignees. A posted worker notification may be required, depending on the industry and posting type.

ICT permits under Directive 2014/66 enable mobility within EU member states - i.e. work permission is not required for EU ICT permit holders to work intra-company in other member states for less than 90 days and a streamlined Mobile ICT permit application may be applicable if working intra-company in other member states for longer than 90 days.

The “International Personnel Exchange” Permit: Is for intra-company transfers where, for every foreign employee who comes to Germany, an employee of the domestic part of the company must be sent abroad. For companies which qualify, the residence permit process is somewhat expedited, as the four-week local labour market search can be waived. However, note that if the applicant qualifies for the EU ICT, this process cannot be followed. A posted worker notification may be required, depending on the industry and posting type.

The “Temporary Assignment” Process for Machinery, Plant and Software: Is for employees sent to Germany for up to 90 days to fit, install, maintain, repair, or instruct other person in the use of a product (plant, systems, machinery, equipment, software) manufactured or designed by the sending entity (home employer) and sold to Germany. Under such circumstances, they can be exempted of a work permit, but must submit a labour notification (also called "Stuttgart notification", as processed in Stuttgart) to the Federal Employment Agency at least 10 days prior the start of the work. The assignment can be for a maximum of 90 days within a period of 12 months. The service can be delivered at a client site or intracompany (branch office). There must be an existing purchase order in place between the home employer, who has manufactured a machine or designed a software, and the client company or branch office. Assignees must remain on foreign payroll and contract. A posted worker notification may be required in addition, depending on the industry and posting type.

The EU Blue Card (Blaue Karte): Is applicable to highly-skilled employees with a university degree or comparable qualifications to Germany (the verification of the equivalence, if applicable) is done through a recognition procedure, which can be lengthy), with a local job offer, and meeting a salary threshold (two thirds of the German pension fund contribution ceiling (Beitragsbemessungsgrenze der deutschen Rentenversicherung), which changes slightly every year. The Blue Card regulation also applies to skilled employees in shortage occupations (“Mangelberufe”), for whom a lower salary threshold applies. For shortage occupations, the labour authorities must check that the employment conditions match the local standards, and the employer must submit an official format job description.

The Residence Permit for Employment (Local Hire): Is otherwise the standard process for local hire. No Labour Market test applies, however the qualifications recognition procedure, when applicable, can take several months. It can now also be completed after entry through the recognition partnership process, but in that case, German language skills at A2 level are required.

The Residence Permit for Employment under local hire: Has specific criteria for IT specialists. No qualifications recognition procedure applies, but a salary threshold must be met with proof of at least two years of experience in the IT sector during the last five years.

The Residence Permit for Employment for preferred nationals (“best friend”): Andorra, Australia, Canada, Israel, Japan, Republic of Korea, Monaco, New Zealand, San Marino, United Kingdom of Great Britain and Northern Ireland and USA) also exists, and permits both local hire and assignment. There is no limitation on assignment duration. Assignees can enter Germany as tourists, and apply for residence permit directly in Germany without prior application for a visa. However, they cannot start working until the residence permit has been issued by the immigration office in Germany, which can take several months to complete depending on the authorities involved and current immigration processing times. It is recommended that the applicant apply for a D visa to facilitate the applicant to expedite the process. Once visa has been obtained, applicant can start working upon arrival. A posted worker notification may be required, depending on the industry and posting type.

Some further common visa & residence permit options, not further discussed in Immiguru, include:

Visa for jobseekers: With the visa for the purpose of looking for a job in accordance with Section 20 (1) (2) of the Residence Act (AufenthG), applicants can contact German employers and find a job in Germany that matches their qualifications. During their stay in Germany, they may work on trial for up to ten hours per week as part of an application process. The visa or the residence permit for jobseekers can be issued for a period of up to six months.

Visa for the recognition of foreign qualifications: In the event of a denied recognition application for professional qualification by the Germany authorities, the applicant can attend qualification measures in Germany to acquire the theoretical and/or practical skills they lack. Examples of such qualification measures include in-company training courses, specialist training courses, preparatory courses and job-related German courses. To participate in such a measure, applicants need a residence title for the purpose of the recognition of foreign professional qualifications (Section 16d para. (1) of the Residence Act [AufenthG]). After entering Germany, they will usually be granted a residence permit for up to 24 months for the purpose of having their foreign professional qualification recognised or for the purpose of carrying out post-qualification training. This residence permit can be renewed for a further 12 months if, for example, they have to retake an examination or there is a delay in issuing the certificate.

If they want to work alongside their qualification measure, they can work up to 20 hours a week in a part-time job independent of the qualification measure. If the work is related to the occupational field for which they are seeking a recognised professional qualification, they can work as many hours as you like. In this case, the Federal Employment Agency (BA) must approve the employment.

Visa for vocational training: There are two options: either complete school-based or in-company vocational training. In either case, applicants may need a residence title under Section 16a of the Residence Act (AufenthG). They must provide evidence that they have an in-company or school-based vocational training place in Germany. In the case of in-company vocational training, part of the visa procedure may involve having to obtain the approval of the Federal Employment Agency (BA), which assesses, e.g. whether they are to be employed under the same conditions as German apprentices. This is an internal agency procedure that does not require any action on their part.

With a residence permit for vocational training, they are able to take on a second job for up to 20 hours per week if it is independent of their vocational training. If they are undergoing qualified in-company vocational training, their residence permit entitles them to attend a preparatory German language course in Germany (Section 16a (1), sentence 4 of the Residence Act [AufenthG]). This can be a government-funded vocational language course or another language course specifically designed to prepare for vocational training.

Visa for studying: A residence permit under Section 16b of the Residence Act (AufenthG) is also valid for preparatory measures prior to enrolment in higher education, such as language courses, preparatory courses for university admission or similar institutions, or doctoral studies at a German university. Residence permits for study purposes are usually issued for an initial period of two years. If you have not obtained your degree within this period, you can request to have your residence permit renewed for a further two years. During your time at university, you can work up to 140 full days or 280 half days per year, or up to 20 hours per week. You can take part-time student jobs for an unlimited period.

After successfully completing a degree, individuals can extend their stay in Germany by applying for a residence permit for jobseekers under Section 20 (3) No. 1 of the Residence Act (AufenthG). The residence permit is issued for up to 18 months as a means of finding skilled employment in Germany. They can work in any occupation while looking for skilled employment. Once they have a job offer, they can apply to convert their residence permit for study purposes into a residence permit for skilled workers or an EU Blue Card.

Other available visa categories include: Opportunity Card, Assistants in nursing, Self-employment, Research, Language acquisition, Study related EU Internships, Professional drivers, Artists, Language teachers, Professional athletes and coaches, Visa for Esports professionals.

Our Germany team members are highly qualified and dedicated professionals with extensive experience in all aspects of German immigration. They come from the best of legal, consulting, in-house corporate and government backgrounds and bring a breadth of experience and insight both in immigration and a multitude of industry sectors. With a dedication to service and a consultative approach, our people act as your trusted advisors and partners in achieving your business goals in Germany.