By Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht) (Rechtsanwaltskammer Düsseldorf)
Taking up an economic activity in Germany requires that the economic activity is permitted in the residence title (Aufenthaltstitel). Whether the economic activity is permitted follows directly from the residence title or, where applicable, from the supplementary sheet (Zusatzblatt).
At a glance
Every residence title must indicate whether the pursuit of an economic activity is permitted and whether restrictions apply. The issuance of a residence title for the pursuit of employment requires the approval of the Federal Employment Agency, unless the approval is not required by law, on the basis of the Employment Ordinance or of a provision in an intergovernmental agreement. A restriction of the approval, for example to a particular business, must be entered in the residence title.
It is often assumed that the work permit can be applied for at the Federal Employment Agency independently of the residence title. If you hold a residence title, this is not the case. We review separately in each individual case which residence title comes into consideration for you.
If the employment is tied to a particular position, the Ausländerbehörde (immigration authority) records this in a supplementary sheet. This does not mean that you may not change your job. However, you must obtain the permission of the immigration authority before a change. This permission may depend on the approval of the Federal Employment Agency. Special rules apply to holders of an EU Blue Card.
Processing may take some time. It is therefore of considerable importance that the required approval is obtained in good time, so that nothing stands in the way of taking up work or changing employer.
How the change works in the case of a residence permit for economic activity under §§ 18a and 18b AufenthG is set out on the separate page on that subject.
As a rule, the economic activity is permitted if there is a qualified occupation. An occupation is qualified if it requires at least two years of vocational training.
In addition, a residence permit for the pursuit of qualified employment may be granted to you if you have well-developed practical professional knowledge and the Employment Ordinance provides for your admission to that employment. For this, the approval of the Federal Employment Agency requires, among other things, at least two years of professional experience acquired within the last five years that qualifies you for the employment. There must also be a qualification that is recognized by the state in the country in which it was obtained and that meets the further requirements of the Employment Ordinance. You must have a competent domestic body confirm that these requirements are met. A job or an offer of such a job is also required, and the salary must as a rule reach a minimum level.
A residence permit for a qualification measure leading to the recognition of your professional qualification obtained abroad may also come into consideration. Which of these routes suits you depends on your qualification and the intended employment. We will gladly advise you on this.
In the case of a residence permit for economic activity for skilled workers with vocational training or with academic training, the Federal Employment Agency may approve the employment. The approval is a discretionary decision. In particular, it is a requirement that you are not employed on less favorable working conditions than comparable domestic workers and that a domestic employment relationship exists. For this residence permit, the approval is granted without a priority check, unless the Employment Ordinance provides otherwise.
The Federal Employment Agency may also approve employment independently of a qualification as a skilled worker. A priority check then takes place only insofar as the Employment Ordinance or a statute provides for such a check. Which further requirements apply depends on the employment in question.
A widespread misconception is that approval is already certain once you have the required qualification. The reason for a rejection often lies in the working conditions, for example because the remuneration is lower than for comparable domestic workers. Your employer must provide the Federal Employment Agency with information on this, in particular on the remuneration and the working hours. It is advisable to have the working conditions reviewed before the application is submitted.
We support you in obtaining permission to engage in economic activity and the corresponding residence title. Depending on your circumstances, we review individually under which conditions you may be permitted to engage in economic activity.
Obtain general advice on whether and in what form an economic activity that is permissible under residence law comes into consideration in your situation.
How long a procedure for obtaining the approval for the specific position takes depends on the local immigration authority. In such situations, however, you will often not have much time. It is therefore advisable to seek legal advice at an early stage in order to initiate the necessary steps in good time.
The immigration authority cannot issue a residence permit for economic activity as long as the required approval of the Federal Employment Agency has not been given. If the Federal Employment Agency has issued a rejection, you should have it reviewed. The deficiencies on the basis of which the approval was refused can often be corrected subsequently.
Anyone who employs you in Germany must check whether you hold a residence title and whether a prohibition or a restriction applies to the employment. Your employer must also keep a copy of your residence title in electronic or paper form for the duration of the employment. If a residence title for the purpose of economic activity was issued to you for the employment and the employment ends prematurely, your employer must notify the competent immigration authority within four weeks of becoming aware of this. We are glad to advise your employer in this connection as well.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
