Work Permit
Every third-country national needs a work permit in order to take up employment in the Federal Republic of Germany. It is initially issued for a specific position.
At a glance
Legal basis
Section 18 AufenthG and the Employment Ordinance
Approval
Federal Employment Agency under Section 39 AufenthG
Skilled workers
Approval without a priority check (Section 39(2))
Other employment
Priority check only where provided for (Section 39(3))
Condition
No less favourable working conditions than for comparable domestic employees
Who it concerns
Employers and employees
The work permit is tied to a specific position
Every third-country national needs a work permit in order to take up employment in the Federal Republic of Germany. It is initially issued for a specific position and depends on the respective residence title. Anyone entering on a visa already needs the correct purpose at that stage, otherwise the later residence permit fails.
Access to the labour market: what applies since the Skilled Workers Immigration Act
A blanket subordinate access to the labour market used to apply. That is no longer generally true. Under Section 39(2) AufenthG the approval of the Federal Employment Agency for qualified employment under Sections 18a, 18b and 18g is granted without a priority check.
What is examined instead
What matters is that the employment does not take place on less favourable working conditions than for comparable domestic employees, and that the work corresponds to the qualification. Applications fail on this equivalence test considerably more often than on a priority check.
Where the priority check remains
For employment outside the skilled worker provisions, Section 39(3) still provides for it, but only in so far as the Employment Ordinance or a statute so requires. Which constellation applies determines the duration and the prospects of the procedure.
Whom we accompany
We advise and accompany both employers and employees on the way to obtaining a work permit. For companies that recruit from abroad on a planned basis this belongs in the wider context of labour migration; for academic professionals the EU Blue Card comes into consideration.
Frequently asked questions about the work permit
Does every position require approval from the Federal Employment Agency?
No. The Employment Ordinance lists cases that do not require approval. Whether one of them applies should be clarified before the contract is signed.
May I change jobs?
Because the permit is initially tied to a specific position, a change is not possible without further steps. It should be prepared before you resign.
What applies to EU citizens?
They are covered by freedom of movement. They do not need a work permit.
How long does the procedure take?
That depends on the mission abroad, the immigration office and the Federal Employment Agency. For companies, Section 81a AufenthG provides an accelerated skilled worker procedure which the employer applies for under a power of attorney.
