If companies in Germany wish to hire employees from EU countries, they benefit from the freedom of movement within the European Union. This allows nationals of EU member states, as well as the European Economic Area (Liechtenstein, Iceland, and Norway), to work in Germany without a visa or work permit (Art. 45 TFEU). The only requirement is that new employees must register their residence with the relevant local authorities.
For employers, this means they can hire and employ these workers just like German citizens, without having to overcome additional bureaucratic hurdles such as permits or special work authorizations. This significantly simplifies the hiring process and allows companies to tap into a broad pool of qualified professionals from across Europe.
EU Member States: Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary, and Cyprus.
Additional EEA Members: Iceland, Norway, and Liechtenstein.
Swiss nationals are subject to special regulations due to the Free Movement Agreement between Switzerland and the EU. Swiss citizens can enter Germany without a visa and work here. However, within three months of entry, they must apply for a residence permit at the relevant immigration authority. This residence permit can be issued for five years and extended if necessary. No special permit is required for short-term employment of less than three months. In all other aspects, Swiss employees in Germany are treated the same as EU citizens and do not need additional permits for employment.
Individuals from third countries are citizens who do not belong to a member state of the European Union (EU) or the European Economic Area (EEA). Special regulations apply to them for entry and residence in Germany. The legal framework is primarily defined in the Residence Act (AufenthG), supplemented by the Residence Ordinance and Employment Ordinance. The Residence Act does not apply to EU citizens with freedom of movement, their family members, or diplomats.
Third-country nationals generally need both a residence permit and a work permit to work in Germany. The residence permit is issued by the immigration office, while the work permit is granted by the Federal Employment Agency. If an application is made at the immigration office or a German foreign mission, they will automatically involve the Federal Employment Agency, so employers do not need to act proactively.
There are various types of residence permits that can be issued:
These titles are issued as electronic residence permits (eAT) and include personal data, biometric features, and possible work permits. The work permit is either indicated on the back of the residence permit or on an additional document. If the foreigner has not yet received a residence permit, this information will be provided on the visa.
If a third-country citizen does not have a permanent residence in Germany, they must apply for a national visa at a German foreign mission (embassy or consulate). After entering the country, the employee must apply for a residence permit at the responsible immigration office. If the visa already contains a work permit, they can start working immediately after entry.
As an employer, you are obligated to verify that the employee has a valid work permit. A copy of the residence permit or visa must be kept in the employee's personnel file. Employing an individual without the appropriate work permit can result in a fine of up to 500,000 euros, according to § 404 Abs. 2 No. 3 SGB III.
Yes, there are facilitated conditions for nationals of certain countries, such as Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom, and the United States of America. These nationals can enter Germany without a visa and stay for more than 90 days (§41 AufenthV).
However, they are not allowed to work in Germany without a valid residence permit or work visa that permits employment. As obtaining a residence permit in Germany can take several months, and no employment is allowed during this time, it is advisable for employees who need to start working shortly after arrival to apply for a work visa in their home country. This ensures they can begin work immediately upon arrival in Germany.
Germany offers a variety of residence permits for foreigners, which differ depending on the purpose and level of qualification. The most important titles for employment are regulated by the Residence Act.
In addition to these general categories, there are special regulations for certain occupational groups and countries of origin:
The EU Blue Card stands out for its attractiveness and benefits. In addition to the financial requirements, it offers advantages such as simplified family reunification and an accelerated path to permanent settlement permits.
Hiring skilled workers from non-EU countries in Germany is a multi-step process that involves some bureaucratic challenges. This guide provides an overview of the key steps and aspects that employers need to consider to ensure a smooth process.
The first step in the hiring process is signing an employment contract or at least issuing a binding job offer. This document is essential as it serves as the basis for the visa application. The employee's address can be their address in the home country. It is advisable to keep the start date of the employment relationship flexible. The contract can specify a concrete date, but with the condition that the employment can start at a later time if the employee cannot start due to a missing residence permit. This approach protects both parties and ensures that the employee can start later if they do not receive the visa on time.
As an employer, you must fill out a "Declaration of Employment Relationship." This form must be completed and signed and contains key details about the employment relationship and information about the company. It is required by the authorities to assess and process the application, so it is essential to fill it out correctly and completely.
Send the future employee all the necessary documents in original form. Some foreign representations also accept contracts signed only via email. It is advisable to check with the responsible foreign representation about the exact requirements.
The employee must then apply for a national visa at the responsible German foreign representation in their home country. The waiting times for an appointment and processing the application can vary depending on the country. Therefore, it is advisable to check the waiting time in advance to avoid any surprises. It is also possible for the employee to submit applications for their family members at the same time (family reunification).
Generally, the visa is issued within 2 to 4 weeks. With this visa, the employee can enter Germany and start work immediately. After entering the country, they must register with the competent registration authority within two weeks and gather all the necessary documents for the payroll. As an employer, you are obliged to keep a copy of the visa for your records.
After entering the country, the employee must promptly apply for a residence permit at the responsible foreign authority. This process can take several months, especially in large cities with high demand. During the application processing, the employee can continue to work, provided the visa allows it.
The residence permit is issued as an electronic card, similar to an ID card. This card contains all relevant information, including the conditions and scope of the work permit. As an employer, you must keep a copy of this card.
The first residence permit is usually limited to four years. It is important to remind the employee in good time, preferably several months before the permit expires, about the extension. The employee must apply for a new residence permit and provide it to you. You also need to keep a copy of this permit.
Hiring employees from non-EU countries in Germany is a complex process that requires careful planning and knowledge of legal regulations. By following the steps mentioned above and cooperating with the relevant authorities, this process can be successfully managed.
Get a consultation on moving and integrating in Germany! For only 99 €.