Work authorization

If you have a residence permit, you are not automatically allowed to work. The work activity must also be permitted. Employers are obliged to check this.

There are also groups of people who are allowed to work without a work permit.

The work permit enables employees without German citizenship to work in Germany.

The work permit is not a separate document, but is an entry in the residence documents. The entry may read:

  • Gainful employment permitted: Any employed or self-employed activity is permitted.

  • Employment permitted: Any employment or employment subject to social security contributions is permitted.

  • Specifically defined activity: Only specifically defined employment with a particular employer is permitted. A change of activity or employer is only possible with the approval of the immigration authority.

  • Employment only with the prior permission of the immigration authority: In this case, the work permit must be applied for from the relevant immigration authority before taking up employment.

Gainful employment may also be restricted, e.g. in terms of the number of hours.

A residence permit alone does not constitute a work permit. This must be explicitly noted. The electronic residence permit is similar to an identity card.

NOTE: Foreign nationals without a residence permit are subject to a ban on gainful employment subject to permission.

Citizens of the European Union do not require a permit for employment. They have unrestricted access to the German labor market and can be employed according to the same rules as German employees. Self-employment is also possible.

NOTE: UK nationals are no longer EU citizens since Brexit. However, if they were already living in Germany before December 31, 2020, they may continue to work here without any time limit.

As part of the European Economic Area (EEA), nationals of Iceland, Liechtenstein and Norway enjoy the same freedom of movement as EU citizens. They require neither a residence permit nor a work permit.

The same applies to Swiss nationals. This is regulated by the Agreement on the Free Movement of Persons between Switzerland and the EU member states (AFMP). Swiss nationals who wish to stay in Switzerland for longer than three months can apply for an electronic residence permit.

Foreign nationals with a permanent residence permit also do not require a work permit. The entry "Gainful employment permitted" is already printed there.

Family members joining you are permitted to take up any gainful employment as soon as the residence permit is issued.

The work permit must be applied for at the Foreigners' Registration Office . It will check whether a permit can be issued. One requirement is a concrete job offer.

Often the approval of the Federal Employment Agency must also be obtained. Employers are obliged to provide information to the Federal Employment Agency. Incorrect information can result in fines.

More information on this can also be found here.

A foreign person may only be employed if they have a work permit. The employer must therefore carefully check the residence permit.

The employer must also keep a copy of the residence permit so that it can be presented if required.

If employment is terminated prematurely , the immigration authority must be informed within 4 weeks.

INFOBOX

Important contacts/points of contact:

SAMM – Service Centre for Work and Migration in Central Saxony
Tel.: +49 (0) 3731 799 -3697 | -4622
Email: samm@landkreis-mittelsachsen.de    
Website: https://welcome-mittelsachsen.de/   
Visiting address:
Am Rotvorwerk 3
09599 Freiberg (Zug district)

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This measure is co-financed with tax revenue on the basis of the budget approved by the members of the Saxon state parliament.

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