Work permits for employees in Germany: A complete guide for employers [2024]

When you’re hiring in Germany, there's a crucial step to stay compliant with German labor laws: ensure that all your employees are legally authorized to work in Germany.

Working without the proper authorization (and thus without registering with the social security authorities), is known as Schwarzarbeit: undeclared work. It’s taken extremely seriously by the German government and can result in severe penalties that include hefty fines and jail time (for employees and employers).

To protect yourself before you make your first German hire or transfer a current employee to this European Union member state, it’s best to have all the information about work permits for employees in Germany. In this guide, we’ll review who needs one and how to get it, as well as answer other frequently asked questions.

What is a work permit in Germany?

In Germany, employees need a valid work/residence permit and/or a work visa to be legally employed.

It’s important to note that when you’re researching the topic of German work visas, you’re going to find that numerous terms are used interchangeably. Work permits are also called work visas, German Employment Visas, residence permits, and even residence visas for the purpose of employment. This guide will use these terms interchangeably to help you get used to the overlap.

What’s important to keep in mind is that German work visas (or whatever term you’d like to use!) are issued by the embassy or consulate after they’ve been approved by the Aliens’ Authority and, in some cases, the Work Office (Arbeitsagentur). Employees will be issued a residence permit in the form of a visa, which includes the right to legally work in Germany.

Additionally, employees need a valid job offer before the German government will grant them an interview and approve their visa application.

Who needs a residence permit in Germany?

All foreign nationals need a residence permit to legally live and work in Germany, but not everyone needs a work visa. Citizens of the following countries may enter Germany without a visa and apply for a residence permit internally:

• EU/EEA member states
• United States
• Australia
• Canada
• Norway
• Switzerland
• Israel
• The Republic of Korea

When you send an offer letter to a new hire in Germany, it should include a clause about the offer being contingent on their eligibility to work in Germany legally.

How long does it take to get a work permit in Germany?

Residence permit processing times average about one to three months. This doesn't include the time it takes to schedule the mandatory visa interview with either the local German embassy or the immigration office (Ausländerbehörde) in Germany and to submit the visa application. These are two separate steps, and it’s necessary to set up an interview before applying.

Types of work permits in Germany

Foreign nationals need a residence permit to travel to Germany and get a work visa. There are three types of residence permits:

• Temporary Residence Permit for employment purposes. This is the type of visa employees will apply for if they’re not eligible for the EU Blue Card or if they’ve been working at a job that’s approved by the Federal Employment Agency of Germany for less than five years. They must have this permit to start working, and it’ll only be valid for as long as their employment contract lasts. It can, however, be renewed as many times as they want, provided their employment status stays the same.
• EU Blue Card. Highly skilled employees, including foreign nationals from non-EU countries, are eligible to apply for the EU Blue Card. The German government considers an individual to be “highly skilled” if they have a higher-education degree, such as a bachelor’s degree. Workers must also have a minimum salary of between €41,041.80 and €45,300, depending on their profession. EU Blue Card holders are put on the fast track to obtaining a permanent residence permit. Additionally, the EU Blue Card is typically valid for four years.
• Permanent Residence Permit. Also called the settlement permit, this type of permit allows foreign nationals to live and work in Germany for as long as they like. The qualifications for a residence permit vary depending on the type of labor and whether or not the applicant has a Blue Card.

Application process for German work visas

As stated previously, before foreign nationals can apply for a residence permit for the purpose of employment, they need to schedule a visa interview at the German embassy nearest them or at the immigration office (Ausländerbehörde) in Germany. This can be done online.

A visa application can be filled out after the interview. The application must almost always be submitted in person—exceptions to this rule are rare.

Generally, employees need the following to complete their visa application packet (but this may vary by country of origin):

• A valid passport with at least two blank pages
• Two complete and signed visa application forms
• Proof of residence in the area where the German consulate is located. For example, if your new team member is applying through the German embassy in New York City, they’ll need a utility bill or driver’s license proving they’re a resident of the Tristate Area.
• Proof of health insurance. If you provide your employees with health insurance as part of their benefits package, give them a certificate of proof. Additionally, if there will be a gap between the date they arrive in Germany and the date they start their employment and the company insurance policy won’t cover them during this time, employees need to obtain and show that they have travel insurance to cover them until work starts.
• An official employment contract with an employer who has authorization to hire employees in Germany. This document must include your employee’s gross annual salary and a detailed job description.
• Proof of qualification. Workers should include diplomas, certificates, and any other documents that demonstrate they’re qualified for the job they accepted.
• Two passport photos that are no more than six months old.
• A cover letter that explains the reason for the stay and the duration.
• Approval by the Federal Employment Agency. Employees from EU member states, European Free Trade Association (EFTA) countries, and workers who hold an EU Blue Card and meet certain salary minimum and general pension scheme contribution requirements do not need approval from the Federal Employment Agency. Employees from so-called “third countries,” which are nations that are not part of the European Union and whose citizens don’t qualify for the EU right to free movement, must be approved by the Federal Employment Agency.
• Proof of a clean criminal record.
• Proof the visa fee is paid. If the employee is applying for a long-stay visa, the application fee is €75.
• Declaration of Accuracy of Information.
  
  

Frequently asked questions about work permits for employees in Germany

Do you need to interview at your local German embassy, or can it wait until you arrive in Germany?

The answer to this question depends on which country you’re from. Citizens of the following countries can wait and interview with the local immigration office (Ausländerbehörde):

• EU/EEA member states
• United States
• Australia
• Canada
• Norway
• Switzerland
• Israel
• The Republic of Korea

• undefined

If you’re not from one of the countries on this list, you’ll need to set up an interview appointment at a German consulate in your nation.

What documents do you need to apply for an EU Blue Card?

In addition to filling out the application form online, you’ll need the following to apply for the EU Blue Card:

• Valid passport
• Biometric passport photo
• Proof of higher education degree
• An official employment contract that includes your annual salary
• Erklärung zum Beschäftigungsverhältnis (Declaration of Employment Relationship)

Do citizens of the US and Canada need a residence permit to work in Germany?

Yes. Germany has a very short list of foreign nationals who don’t need a work permit. It only includes citizens of EU and EFTA member states.

What documents are required to apply for a German work permit?

Foreign nationals need the following documents to complete the visa application packet:

• A valid passport with at least two blank pages
• Two complete and signed visa application forms
• Proof of residence in the area where the German consulate is located
• Proof of health insurance
• An official employment contract with an employer who has authorization to hire employees in Germany
• Proof of qualifications for the job
• Two passport photos that are no more than six months old
• A cover letter that explains the reason for the stay and the duration
• Approval by the Federal Employment Agency, if applicable
• Proof of a clean criminal record
• Proof the visa fee is paid
• Declaration of Accuracy of Information

What’s the fastest way to get a work permit in Germany?

Unfortunately, there’s no speedy way to get a residence permit for the purpose of employment. Germany is known for its complex bureaucratic system, and the work visa application process is no exception. Although you can’t change the one- to three-month processing time, you can take steps to cut down on delays. Make sure your application is complete the first time around, schedule your visa interview as quickly as you can, and make it a priority to submit your application in person at the German embassy.

How do you get approval from the Federal Employment Agency?

As mentioned earlier, citizens of EU and EFTA member states, citizens of countries that enjoy the right to freedom of movement in the European Union, and EU Blue Card holders who meet certain salary minimum and general pension scheme contribution requirements don’t need approval from the Federal Employment Agency to get a residence permit. Everyone else, however, does.

You don’t actually need to do very much to get the Federal Employment Agency’s approval. The authorities processing your application will go through official channels to get it for you.

You do, however, need to:

• Have a concrete job offer and prove it by submitting an official employment contract.
• Prove you have the professional qualifications to perform the role.
• Be able to prove that the conditions you’re working in are comparable to the ones enjoyed by domestic employees. The assessment of your working conditions is done by filling out the Declaration of Employment form.

Are family members included in work visa applications in Germany?

It’s understandable you’d want to bring your spouse and any dependents with you when you move to Germany. However, the answer to this question depends on which country (or countries) your spouse and dependents are citizens of. If your partner is a citizen of an EU member state, they don’t need a residence permit to join you in Germany (however, if you are not an EU citizen, you still do). If they’re from a country that requires a residence permit in Germany, they will need to fill out a separate visa application.

How do you renew your German work permit?

Work permits for permanent employees are generally good for up to four years. If the employment contract is shorter than this, the visa will be valid for the duration of the contract. To extend their stay, employees need to renew their German work visa.

They can do this by:

• Filling out the Erklärung zum Beschäftigungsverhältnis (Declaration of Employment Relationship)
• Sending in their passport and a copy of the employment contract
• Showing proof of residence
• Paying the associated fee

Is there a digital nomad visa in Germany?

Currently, there is no digital nomad visa in Germany. Check out our digital nomad guide to see the countries that offer a digital nomad visa.

Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.