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Without a work permit, an employee from a non-EU country may not be employed
Residence permit with work permit
IMPORTANT: A foreign employee from a non-EU country must hold a residence permit that includes authorization for gainful employment in order to work for your company. However, there are exceptions.
GENERAL INFORMATION
Citizens of countries that are not members or contractual partners of the EU—so-called third countries—may generally work in Germany only with a residence permit that explicitly states that employment is permitted.
However, certain individuals from third countries do not require this type of residence permit. These include:
- Managing directors of their own GmbH (so-called managing shareholders)
- Citizens of a country within the European Economic Area (EEA)
- Citizens of Switzerland
There are different types of residence permits with employment authorization. A distinction is made between permits that require approval and those that do not. For a permit requiring approval, the Federal Employment Agency (BA) must give its consent.
A very good overview of both types can be found here.
BLUE CARD – Requirements
The Blue Card is a relatively straightforward residence permit for academics or highly qualified specialists. It is issued without the approval of the BA, provided the following conditions are met:
- A German university degree, a recognized foreign university degree, or an equivalent qualification must be held.
You can check the recognition status of a degree on the Anabin database [here] or have it formally recognized [here]. - A concrete job offer from a company in Germany.
- The position must correspond to the applicant’s qualifications.
- A gross annual salary of at least €58,400 (as of 2024)
If these conditions are fulfilled, you can begin the visa issuance and entry process.
If not, don’t worry—there are alternative options. For example, you can apply for a work visa for skilled professionals under Section 18 (1) of the Residence Act.
GERMANY IS HIGHLY INTERESTED IN THE IMMIGRATION OF SKILLED WORKERS. THEREFORE, MANY OTHER PATHWAYS TO OBTAINING A WORK PERMIT EXIST. PLEASE FEEL FREE TO CONTACT US FOR ADVICE.