Residence status & access to the labor market

In order to obtain a residence permit for a longer-term stay in Germany, such as a visa for employment, an EU Blue Card or a settlement permit, certain basic requirements must always be met:

• The livelihood must be secured : This is deemed to be the case if the foreign person can support themselves, including health insurance cover, without recourse to public funds. It does not matter whether the person actually makes use of public funds. A hypothetical claim is sufficient for the condition not to be met. Proof can be provided, for example, by income, a blocked account or a declaration of commitment from a guarantor.

NOTE: A declaration of commitment can be found here be submitted online.

• Identity must be clarified : It must be certain who the foreign person is. Proof is usually provided by means of identity documents.

• There must be no interest in deportation or the stay must not be desired due to special national interests: This may be the case, for example, if the foreign person has violated legal provisions (in particular criminal laws), court decisions or official orders.

• There is a passport requirement: The foreign person requires a valid and recognized passport or passport substitute.

Anyone who is subject to a visa requirement must also have entered the country with a visa that corresponds to the purpose of their stay. You must have already provided the relevant information for the issue of the visa in the visa application.

ATTENTION: This also applies to nationals of third countries who are allowed to enter the country visa-free for up to 90 days. It is generally not possible to enter the country with a short-stay visa and thus obtain a residence permit.

The countries for which a visa is generally required can be found in Annex I of the European Visa Regulation. It can be found here. The third countries whose nationals are allowed to enter without a visa for up to 90 days can be found in Annex II.

Access to gainful employment was realigned with the Skilled Immigration Act. The rule now applies that gainful employment is permitted with every residence permit , unless it is excluded by law or in individual cases.

For example, people with a short-stay visa are not permitted to work, nor are people who are taking part in preparatory study measures or who have entered Germany in search of a training or study place. Persons who hold a national residence permit from another Schengen state are also not permitted to work.

The residence permit must explicitly state whether gainful employment is permitted and, if so, under what conditions. The various conditions may be as follows:

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

• Employment permitted: Any dependent activity 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 starting work.

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

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

Gainful employment may be taken up as soon as the residence permit has been issued.

In the case of a residence permit for employment for persons from a third country, the approval of the Federal Employment Agency must generally be obtained. It checks whether there is a specific job offer, whether a professional license may be required, whether the applicant's qualifications are suitable for the work offered and whether the working conditions are not less favorable than for comparable domestic employees. The latter is done via a declaration of employment by the employer. The form for this can be downloaded here. The employer must provide the Federal Employment Agency with information on pay, working hours and other working conditions.

NOTE: Employers who employ a foreign person must provide this information to the Federal Employment Agency on request even if the approval of the Federal Employment Agency was not required.

ATTENTION: In principle, the Federal Employment Agency must refuse its consent if foreigners are to be employed as temporary workers .

There is a special regulation for nationals of Andorra, Australia, Great Britain, Israel, Japan, Canada, South Korea, Monaco, New Zealand and San Marino. The approval of the Federal Employment Agency can be granted for any type of training and employment. Vocational training or studies are not required, but approval can only be granted if there are no suitable priority applicants available (priority check) and the working conditions are not less favorable than those of comparable domestic employees.

For nationals of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia, the Federal Employment Agency can issue permits with a priority check for any employment. However, the number of permits is currently limited to 50,000 permits per year (so-called Western Balkans regulation).

With the new regulations on the immigration of skilled workers, skilled workers with a foreign professional qualification can now also obtain a visa or residence permit for employment in all professions. The previous restriction to so-called bottleneck professions no longer applies. Previously, only academically trained skilled workers had unrestricted access to the labor market.

In order for a skilled worker to be granted a visa or residence permit, in addition to the general residence requirements, proof of equivalence of qualifications and a specific job offer must be provided. The exercise of any qualified activity for which the qualification qualifies is permitted. However, a professional permit may be required.

Third-country nationals who wish to stay in Germany indefinitely require a corresponding residence permit. Options are the settlement permit and the EU permanent residence permit. They offer an unlimited right of residence and can only be withdrawn in exceptional cases, e.g. in the case of particularly serious crimes or a long stay abroad. You will receive it on application from the immigration authority if you meet certain requirements.

Settlement permit:

A settlement permit is not only unlimited in time, but also in territory. Holders can change their place of residence at any time. For a period of up to 90 days per 180-day period, residence in other Schengen states is also possible. Holders can stay abroad for up to 6 months at a time without the permit becoming invalid. The settlement permit entitles the holder to any kind of gainful employment, including self-employment. There is no obligation to an employer or job. Family reunification is also facilitated.

A settlement permit is issued to anyone who

• Have held a residence permit for at least 5 years,

• Have paid pension insurance contributions for at least 60 months,

• can secure their livelihood,

• Have sufficient language skills at a level of at least B1,

• Have a basic knowledge of the legal and social order and living conditions in Germany,

• Have sufficient living space for themselves and all family members living with them,

• Have all the necessary permits for a permanent occupation,

• There are no reasons of public safety or order to the contrary.

For skilled workers, persons in possession of an EU Blue Card and international researchers according to § 18d AufenthG, the requirements are lower.

EU permanent residence:

The EU permanent residence permit is equivalent to the settlement permit. In contrast to the settlement permit, the EU permanent residence permit also allows you to live and work in another EU country (except Denmark and Ireland). In addition, the EU permanent residence permit only expires after 6 years in another EU country (except Denmark and Ireland) and after 12 months in a third country (as well as Denmark and Ireland).

The requirements for obtaining a permit are that the person

• Have held a residence permit for at least 5 years,

• can provide for themselves and their family members through regular income,

• Have knowledge of the German language at level B1,

• has a basic knowledge of the legal and social order and living conditions in Germany

• Has sufficient living space,

• There are no reasons of public safety or order to the contrary.

ATTENTION: If you are in possession of an EU permanent residence permit from another EU country, you cannot reside or work in Germany on a long-term basis. However, you can apply for a residence permit at the Foreigners' Registration Office without having to go through a visa procedure .

NOTE: It is possible to be in possession of both a settlement permit and an EU permanent residence permit.

Skilled workers already receive a settlement permit if

• you have held a residence permit in accordance with §§ 18a (vocational training), 18b (study), 18d (research) or 18g (EU Blue Card) of the Residence Act for 3 years,

• can secure your livelihood,

• you have paid contributions to the statutory pension insurance scheme for at least 36 months,

• you have a job that you are allowed to do with your residence permit,

• you can provide proof of German language skills at level B1,

• you have a basic knowledge of the legal and social order and living conditions in Germany,

• you have sufficient living space for yourself and your family members.

The requirements are even lower for a skilled worker who has completed their studies or vocational training in Germany . They can already obtain a settlement permit if they

• Have held a residence permit to work as a "skilled worker" for at least 2 years,

• has a job that she is allowed to do with the residence permit,

• have paid contributions to the statutory pension insurance scheme for 24 months,

• can provide evidence of German language skills at level B1,

• has basic knowledge of the legal and social order and living conditions in Germany,

• can prove that they have sufficient living space.

People who live in Germany may also have the opportunity to obtain German citizenship. They then enjoy the same rights and obligations as any other German. Foreign citizenship can be retained. The following requirements must be met:

• The person has been living habitually and legally in Germany for at least 5 years.

• Their identity has been established.

• They are able to support themselves and any dependent family members.

• They have at least B1 level German language skills.

• They can demonstrate knowledge of the legal and social system and living conditions in Germany: Proof is usually provided via a naturalization test: a multiple-choice test with 33 questions, of which at least 17 must be answered correctly.

• They respect the equality of men and women.

• They are committed to the free democratic basic order of the Federal Republic of Germany.

• She acknowledges Germany's special historical responsibility for the unjust National Socialist regime and its consequences, in particular for the protection of Jewish life, as well as for the peaceful coexistence of peoples and the prohibition of waging a war of aggression.

• She has not been convicted of a criminal offense.

• There are no other reasons that would prevent naturalization, e.g. an anti-constitutional past or ongoing criminal proceedings.

German citizenship is obtained upon application to the naturalization authority. The application can be submitted here be submitted here. If the application is approved, the applicant receives a naturalization certificate with which they can apply for a German identity card and passport.

More information and a quick check on naturalization can be found here.

One of the requirements for a longer-term visa is that you are able to support yourself. This means that it must be secured without recourse to public funds.

This is usually not a problem for skilled workers , as their salary should be high enough. The Federal Employment Agency will only approve the taking up of employment if the salary is typical for the sector or region.

In the case of visas for the purpose of training with no or low pay, on the other hand, the ability to secure a livelihood is closely examined. The reference values are the requirements specified in the Federal Training Assistance Act (BAföG). For the year 2025, these are per month

• 380 € for rent,

• 102 for health insurance,

• 35 for nursing care insurance,

• 475 for living expenses (in the case of company or school-based training, the figure is reduced to €442).

This adds up to €992, or €959 in the case of company-based or school-based training. These are net values.

In the case of the opportunity card and residence permits for the recognition of foreign professional qualifications, for non-study-related language courses and for finding a training place, an additional lump sum of 10% is required (2025: approx. €1,091).

If living expenses are not incurred or are borne by third parties, e.g. health and long-term care insurance in the case of company training, these can be deducted by the employer. This also applies if costs are lower, e.g. rental costs are lower than the above-mentioned 380 above. If meals are covered by third parties, a flat rate of €150 can be deducted.

If you do not have sufficient funds to cover your living expenses, you can provide evidence of the shortfall in the form of your own assets, a blocked account or a declaration of commitment from a third party. If the visa allows for secondary employment, income from this can also be taken into account. However, an employment contract for the secondary employment must be in place before the visa application is submitted.