RESIDENCE IN GERMANY FOR THE PURPOSE OF WORK/SELF EMPOYMENT

INTRODUCTION

For many foreign nationals, residing in Germany for the purpose of employment is a key route to pursuing skilled gainful employment. The right of residence is subject to different conditions, depending on whether the individual is a skilled worker with vocational training, a university graduate, a researcher, a holder of an EU Blue Card, or engaged in other forms of employment. The focus is always on the question of qualifications, a concrete job offer and, where applicable, the approval of the Federal Employment Agency.

BASICS OF THE RESIDENCE ACT

General

Section 18 of the Residence Act (Aufenthaltsgesetz) serves as the basic provision governing the entry and residence of foreign workers in Germany. Its provisions apply to all types of residence permits for the purpose of gainful employment – from Section 18a to Section 20 – and apply in conjunction with the general requirements for the granting of permits, which are laid down in Section 5 of the same Act.

Legal practice prescribes a strict sequence to be followed when assessing applications: first, it is checked whether the specific and general requirements for the respective type of permit are met; subsequently, whether approval from the Federal Employment Agency (BA) is required.

Key requirements for the granting of work permits

The key requirement is the existence of a concrete job offer – either in the form of a signed employment contract or in the form of a written and binding confirmation from the employer that they are prepared to conclude a contract upon receipt of the residence permit. The employment must be carried out exclusively on German territory: an employer based abroad is permissible, but the existence of a permanent establishment in Germany remains a mandatory requirement.

The question of whether consent from the Federal Employment Agency (BA) is required is decided on a case-by-case basis. An exemption from this consent may be provided for by law, the Employment Regulation (BeschV) or an international agreement. In particular, for holders of an ‘EU Blue Card’ (Section 18g) and researchers (Section 18d), such an exemption is expressly enshrined in law, whereas for skilled workers with vocational or academic training (Sections 18a, 18b), consultation is generally required.

The concept of a skilled worker

The Act sets out the legal definition of the term ‘skilled worker’ directly in Section 18, thereby deviating from standard legislative practice. This category comprises two groups of people.

The first group comprises employees with vocational training – provided that the relevant training programme is state-recognised and comprises at least two years of training. The foreign qualification must be duly recognised as equivalent to the German qualification in accordance with the Act on the Recognition of Foreign Professional Qualifications (BQFG).

The second group comprises skilled workers with a university degree – be it a German degree, a recognised foreign degree or a degree comparable to a German one. The comparability of a foreign qualification is generally determined on the basis of a bachelor’s, master’s or doctoral degree awarded by an accredited higher education institution. In cases of doubt, the Central Office for Foreign Education (ZAB) is the competent authority for individual assessment.

Additional requirements for persons over 45 years of age

Particular attention should be paid to the regulations for foreign skilled workers aged over 45 who are applying for a residence permit under Sections 18a or 18b for the first time. For this group of people, a minimum wage requirement of 55% of the annual upper limit of the contribution assessment basis in the pension system applies. From 1 January 2026, this amount will be €55,770 per year or at least €4,647.50 per month (gross). This requirement does not apply if the applicant has adequate pension provision or if there is a significant public interest – for example, in the event of a shortage of skilled workers in the relevant profession.

Validity period and practical aspects

Residence permits under Sections 18a, 18b and 19c are generally granted for four years; an exception is made in cases where the Federal Employment Agency’s approval is limited to a shorter period. , in the latter case, the permit is granted for the duration of the approval plus three months – to ensure the continuity of employment or the search for new employment during the extension period.

If a foreign skilled worker loses their job, the work permit under Section 20, valid for up to 18 months, remains the primary instrument; the alternative ‘opportunity card’ (Chancenkarte) under Section 20a is applied only on a subsidiary basis and grants more restricted access to the labour market.

Source

Official website of the Federal Government of the Federal Republic of Germany

Official website of the State Office for Immigration, Berlin

SKILLED WORKERS WITH VOCATIONAL TRAINING, § 18a RESIDENCE PERMIT

General requirements

Section 18a of the Residence Act governs the granting of residence permits to foreign nationals who intend to pursue skilled employment in Germany on the basis of vocational training. The provision sets out two mandatory requirements which must be met simultaneously.

Firstly, the applicant must have the status of a skilled worker with vocational training in accordance with Section 18(3)(1) – that is, they must hold either a recognised German qualification or a foreign qualification recognised as fully equivalent to German vocational training. Partial recognition is not sufficient for the purposes of this section.

Secondly, the intended professional activity must be of a qualified nature in accordance with Section 2(12b). A key change introduced by the Act on the Further Development of Skilled Labour Recruitment is the removal of sectoral restrictions: skilled workers are now entitled to carry out any qualified activity in non-regulated professions without being tied to a specific field of training. Nevertheless, the Federal Employment Agency continues to restrict the permit to the specific post applied for.

Nature of the provision: entitlement to a residence permit; no discretion on the part of the authorities

The legislature has deliberately formulated Section 18a as a provision establishing a subjective right: if all the specified conditions are met, the applicant is entitled to the grant of the permit, and the authority has no discretion to refuse it. The adjacent Section 18b is worded similarly. It is the legislature’s intention that such a framework should enhance Germany’s attractiveness as a destination for labour migration and simplify legal practice.

Entry procedures and procedural aspects

For entry for the purpose of carrying out an activity under Section 18a, two procedural routes are open to skilled workers: the accelerated procedure for the recruitment of qualified skilled workers under Section 81a or the standard procedure for obtaining a national Category D visa. Entry with a short-term Schengenand the subsequent application for a residence permit is generally regarded as an abuse of the law and a circumvention of the prescribed procedures, which justifies a refusal to grant the residence permit not only under Section 5(2) but also under Section 5(1)(2) on the grounds of incorrect information provided during the visa procedure.

Extension of the residence permit and change of employer

When extending a residence permit under Section 18a, the involvement of the Federal Employment Agency is not required in two cases: where the employment remains unchanged, and where there has merely been a change of employer without any change in the nature of the employment. In all cases where the requirements of Section 9 of the Employment Regulation (BeschV) are met, the residence permit is extended with the note ‘Gainful employment permitted’, which grants free access to the labour market without the need for further consultation with the Agency.

SKILLED WORKERS WITH A UNIVERSITY DEGREE, § 18B RESIDENCE PERMIT

Section 18b sets out the conditions under which foreign university graduates can obtain a residence permit for employment in Germany. Important: The first step is always to check whether the person is eligible for an ‘EU Blue Card’ (Section 18g) – this offers more advantages. Only if this is not possible does Section 18b apply.

Is the approval of the employment agency required?

That depends on the qualification:

If the applicant holds a German qualification, the approval of the Federal Employment Agency is generally not required. The authorities check only one thing: whether the salary offered corresponds to the local market rate – for this, the agency’s salary atlas is consulted. The agency is only consulted if the salary is below the standard.

If you hold a foreign qualification, the involvement of the Federal Employment Agency is generally mandatory.

How do you enter Germany?

There are two options: either the fast-track procedure for skilled workers (Section 81a) or the standard national Category D visa. Anyone entering the country on a short-term Category C Schengen visa and subsequently applying for a residence permit risks having their application rejected – this is considered an abuse of the visa regulations.

What happens in the case of an extension?

The residence permit can be extended without the involvement of the Federal Employment Agency if the nature of the work has not changed or if there has merely been a change of employer. Anyone who meets the requirements of Section 9 of the Residence Regulation (BeschV) will receive an extension marked ‘Guaranteed access to the labour market’ – this means unrestricted access to the labour market.

SETTLEMENT PERMIT FOR SKILLED WORKERS, § 18C AUFENTHG

Section 18c sets out the conditions under which qualified skilled workers can obtain a settlement permit before the standard deadline expires. This is a kind of ‘fast-track procedure’ for permanent residence – in contrast to the standard provisions under Section 9. If all conditions are met, the applicant has a legal right to it, and the authorities have no discretion to refuse the application.

Who can make use of Section 18c?

The law provides for three different routes, depending on the applicant’s status.

Option 1: Skilled workers with a vocational or higher education qualification (Section 18c(1))

Requirements:

• At least 3 years’ employment as a qualified skilled worker in accordance with Sections 18a, 18b, 18d or 18g (if the applicant holds a German diploma or has completed German vocational training, 2 years are sufficient)
• Pension insurance contributions must have been paid during this period – for at least 36 months (24 months if German training was completed)
• German language skills at B1 level
• Proof of means of support
• Availability of accommodation for yourself and family members
• No threat to public safety
• Possession of a valid work permit
• Possession of the necessary professional licences (e.g. a medical degree – and specifically one that is permanent; a temporary licence is not sufficient)
• Basic knowledge of the legal system and life in Germany

Important: Periods of parental leave or caring for a sick family member at home are not counted towards the period of employment – unlike the standard provisions under Section 9.

Option 2: Holders of an ‘EU Blue Card’ (Section 18c(2))

Holders of a “Blue Card” receive additional benefits:

• Minimum period of employment – 27 months (instead of 36)
• If you can demonstrate German language skills at level B1, the period is reduced to 21 months
• Throughout the entire period, the salary must meet the minimum wage set for the ‘Blue Card’
• The language proficiency requirement has been lowered – level A1 is sufficient

Short-term interruptions, e.g. parental leave or short-time working, do not result in the loss of entitlement – provided that the person is in full-time employment again at the time of application.

Option 3: Highly qualified professionals (Section 18c(3))

This route is intended for particularly outstanding skilled workers with a university degree. It does not apply to skilled workers with vocational training.

The Act cites two typical examples:

• Academics with exceptional academic qualifications – for example, those who publish regularly in international journals
• Lecturers and researchers in senior positions – for example, professors, heads of institutes or heads of research groups

This list is not exhaustive: if there are other valid reasons, a person may also be recognised as a highly qualified professional.

In this case, the authorities are not obliged to do so, but should generally grant a permanent residence permit – that is, they will rule in favour of the applicant.

RESEARCHERS, § 18D RESIDENCE PERMIT

Section 18d governs the granting of a residence permit for foreign scientists and researchers who wish to work in Germany. What is unique about this provision is that not only the Foreigners’ Registration Office but also the research institutions themselves play a central role in the procedure. The approval of the Federal Employment Agency is not required.

Which institutions are considered research institutions?

The law distinguishes between two types of institutions:

Recognised institutions are organisations that have undergone an official recognition procedure by the Federal Office for Migration and Refugees (BAMF). The current list is available on the BAMF website. Recognition is granted for a limited period and may be revoked.

Non-recognised institutions are generally private companies that conduct research but have not undergone an official recognition procedure. They too may host foreign researchers, provided the work is systematic and creative, aimed at expanding knowledge and exploring new areas of application. As a rule , these are private companies that conduct research in collaboration with state institutions or are subsidiaries of such institutions.

Processing times

When collaborating with a recognised research institution, the application must be processed within 60 days of the submission of the complete documents. For non-recognised institutions, the standard processing times apply.

What is permitted with this residence permit?

The holder of a residence permit under Section 18d is entitled to:

• to carry out research activities at the specified institution
• to carry out teaching activities
• to carry out self-employed (entrepreneurial) activities

The relevant notes will be entered on the residence permit.

Special case: Researchers with international protection status (Section 18d(6))

Foreign nationals who enjoy refugee status or subsidiary protection in another EU Member State may also obtain a residence permit for research purposes in Germany – though only on a separate basis (Section 18d(6)). Additional requirement: They must have lived in that EU Member State for at least two years on the basis of the relevant protection status.

Unlike in the standard case, the authorities act at their discretion here; however, provided all requirements are met, they are generally obliged to decide in favour of the applicant.

Once the research project has been completed, it is possible to extend the residence permit by up to 9 months for the purpose of seeking employment.

MOBILITY FOR RESEARCHERS, SECTION 18E AND SECTION 18F RESIDENCE PERMITS

Section 18e allows foreign researchers who already hold a residence permit for research purposes in another EU country to travel to Germany for a period of up to 180 days within a 360-day period – without having to apply for a separate German residence permit.

How does this work in practice?

Instead of a residence permit, a notification is sufficient. This is not submitted by the researcher themselves, but by the host research institution in Germany – via the BAMF (Federal Office for Migration and Refugees), which acts as the national contact point. The notification is submitted in digital form according to a set template, together with copies of the required documents.

Following the review, the BAMF forwards the documents to the Foreigners’ Registration Office at the planned place of residence in Germany. There is a 30-day period for reviewing the notification and for a possible rejection.

The Foreigners’ Registration Office is hardly involved in this procedure – the entire process is managed by the BAMF.

What is permitted?

A researcher who has entered the country under the short-term mobility scheme is entitled to:

• to carry out research activities
• to carry out teaching activities

They confirm their right of residence and work with a certificate issued by the BAMF. This certificate is of a declaratory nature – that is, it merely confirms an existing right, but does not create it.

Important: If the researcher has lost the certificate or it was not delivered in time, they must contact the BAMF directly and not the local immigration office.

Can family members accompany the researcher?

Yes. Family members who hold a residence permit for family reunification with the researcher in another EU country may accompany them to Germany under the short-term mobility scheme – without needing a separate German residence permit.

When is a refusal possible?

The BAMF is entitled to refuse short-term mobility – the grounds for refusal are listed in Section 19f(5). In the event of a refusal, the researcher is obliged to leave the country. The Foreigners’ Registration Office may also refuse residence at any time if there are grounds for expulsion. The researcher themselves, the competent authority of another EU country and the host institution are notified of the refusal.

Section 18f governs the residence of foreign researchers who already hold a residence permit for researchers in another EU country and wish to work in Germany for longer than 180 days. The maximum duration of stay on this basis is one year.

This is a logical continuation of Section 18e: up to 180 days – registration procedure without a residence permit; over 180 days – a separate residence permit under Section 18f is required.

Who is eligible for Section 18f?

Basic requirement: The applicant must hold a valid residence permit from another EU country with one of the following statuses:

• Researcher
• Student
• Volunteer
• Au pair
• Trainee
• Seasonal worker

In addition, a valid contract with a research institution in Germany and proof of sufficient means of support are required. Approval from the Federal Employment Agency is not required.

If all the requirements are met, the applicant has a legal right to be granted a residence permit.

How does the application process work?

The application is submitted via the BAMF – not directly to the Foreigners’ Registration Office. The following deadlines must be observed:

• The application must be submitted no later than 30 days before the planned start of work in Germany or before the expiry of the residence period in accordance with Section 18e.
• Once 30 days have elapsed since the submission of the complete documents, the researcher is entitled to enter Germany and commence work – even if no decision has yet been made on the application.
• In this case, residence and work are deemed to be permitted for a period of up to 180 days, provided that the residence permit from another EU country remains valid.
• The final decision on the application must be made within 90 days of receipt of the complete documents.

What is permitted?

The holder of a residence permit under Section 18f is entitled to:

• to carry out research
• to carry out teaching activities
• to carry out self-employed (entrepreneurial) activities

The relevant notes are entered on the residence permit. The document also bears the note ‘Researcher Mobility’.

Reporting obligations

Both the researcher themselves and the host institution are obliged to report any changes to the Foreigners’ Registration Office that may affect the conditions of residence. If necessary, the researcher may be advised to either change the basis of their residence or leave the country.

Important distinction from Section 18e

It is not possible to apply § 18e and § 18f simultaneously. If the researcher is already residing in Germany under § 18e but has not submitted an application under § 18f 30 days before the expiry of this period, the grant of a residence permit under § 18f will be refused.

EU BLUE CARD, § 18 G RESIDENCE

The ‘EU Blue Card’ is a special residence permit for highly qualified professionals with a university degree, offering a number of advantages over a standard residence permit under Section 18b. With the passing of the Act on the Further Development of the Recruitment of Qualified Professionals, Section 18g was spun off into a separate provision.

Important principle: It is always first assessed whether the “Blue Card” can be issued without the consent of the Federal Employment Agency – this is the most favourable option for the applicant, as it avoids a lengthy approval process.

Three ways to obtain the ‘Blue Card’

Option 1: General occupations – without the approval of the Federal Employment Agency (Section 18g(1) sentence 1)

This is the basic and simplest route. Requirements:

• Possession of a university degree
• The role must correspond to the qualification obtained – although this criterion is broadly defined: it is sufficient if the knowledge acquired at university is used at least partially or indirectly in the work (e.g. an economist working as a software developer)
• Salary of €50,700 per year (or €4,225 per month gross) – from 1 January 2026

If all requirements are met, the Employment Agency’s approval is not required, and the applicant has a legal right to the ‘Blue Card’.

Option 2: Shortage occupations and career starters – with the approval of the Employment Agency (Section 18g(1) sentence 2)

If the salary is below the threshold for general occupations, the ‘Blue Card’ may be issued in two special cases – with the approval of the Federal Employment Agency:

Shortage occupations – the minimum salary is set at €45,934.20 per year (or €3,827.85 per month gross). Shortage occupations include, in particular, doctors, engineers, teachers, IT specialists, scientists, architects and managers in the fields of healthcare, education and logistics.

Career starters – the same reduced salary threshold applies to those who graduated no more than three years ago, regardless of their profession. Once this period has expired, the standard threshold applies when renewing the ‘Blue Card’.

Option 3: IT specialists without a university degree (Section 18g(2))

IT professionals in certain occupational groups (133 or 25) may be eligible for a ‘Blue Card’ without a university degree – provided they have the relevant experience and skills. The minimum salary is €45,934.20 per year. Approval from the Employment Agency is required; the agency independently assesses the applicant’s qualifications and experience.

Salary requirements: important notes

• The regular contractual salary is taken into account; fully variable, performance-related premiums and bonuses are not included
• Fixed contractual allowances (e.g. Christmas bonus) and company bonuses are included
• A temporary drop in income due to parental leave or short-time working is not grounds for rejection
• An increase in the salary thresholds at the start of the year has no effect on ‘Blue Cards’ already issued – the new thresholds only apply in the event of a renewal

Change of employer

Changing employer whilst holding a ‘Blue Card’ does not require authorisation, but must be notified in writing to the Foreigners’ Registration Office. Failure to comply with this obligation may result in the ‘Blue Card’ being revoked. Compliance of the new position with the requirements is generally only checked at the time of renewal.

What is permitted?

After one year of insurance coverage, the note “Guaranteed access to the labour market” is entered on the “Blue Card” – this means unrestricted access to the labour market. Self-employment (entrepreneurial activity) is permitted from the date the card is issued.

Requirements for the employment contract

A mandatory requirement is the existence of a specific job offer with a minimum employment period of six months. The contract may include a condition that it only comes into effect after the residence permit has been obtained.

MOBILITY FOR HOLDERS OF AN EU BLUE CARD, SECTION 18H AND SECTION 18I OF THE RESIDENCE ACT

Section 18h allows certain groups of foreign nationals to enter Germany for business purposes without a visa and without a German residence permit – for a period of up to 90 days within a 180-day period.

Who is eligible for this right?

The regulation applies to two groups of people:

• Holders of a valid ‘EU Blue Card’ issued by another EU country
• Former holders of a “Blue Card” who have been granted a permanent residence permit in another EU country

What is permitted?

Entry is permitted exclusively for business purposes, in particular:

• Participation in internal and external business meetings, conferences and seminars
• Negotiations regarding the conclusion of business deals
• Marketing and sales activities
• Exploring business opportunities
• Participation in training courses or the delivery of training

Practical implications for the Immigration Authority

This provision has virtually no practical implications for the Immigration Authority: unlike similar regulations for students, researchers and holders of ICT cards, there are no registration requirements here – neither on the part of the foreign national nor on the part of the employer. Persons falling under Section 18h have no reason to contact the authority and do not require any additional permits or certificates.

Family reunification within the framework of a short-term stay under Section 18h is not provided for.

Section 18i does not constitute an independent ground for the granting of a residence permit, but merely simplifies a number of requirements for obtaining the German ‘Blue Card’ for those who already hold a ‘Blue Card’ from another EU country. The logic behind the regulation is simple: if another EU country has already assessed the skilled worker’s qualifications, Germany does not need to repeat this assessment from scratch. This makes moving within the EU easier and more attractive.

Requirements

Anyone who has lived in another EU country for at least 12 months with a ‘Blue Card’ can make use of Section 18i. In this case, they are entitled to apply for a German ‘Blue Card’ directly in Germany – without a prior visa.

In general, all standard requirements of Section 18g (availability of a job, salary threshold, etc.) are still assessed. However, there is one important exception:

No equivalence check of the qualification is carried out if the applicant has held a ‘Blue Card’ from another EU country for at least two years. In practice, this is easy to determine: if there is no text in square brackets on the ‘Blue Card’ from the other country, equivalence is deemed to be confirmed. If square brackets are present, equivalence is not recognised. The content of the text in the brackets and its translation are irrelevant.

Special case: chain mobility (Section 18i(3))

‘Chain mobility’ is a situation in which the holder of the ‘Blue Card’ does not move directly from the first EU country to Germany, but first to an intermediate second EU country and only then to Germany. In this case, the minimum period of residence in the previous country is reduced from 12 to 6 months.

Note

Enquiries to other EU countries via the national contact point to verify the applicant’s residence details are not made – for reasons of resource conservation. The authority relies on the period of validity of the foreign “Blue Card” and the information provided by the applicant themselves.

ICT CARD, SECTION 19 AND SECTION 19A/19B OF THE RESIDENCE ACT (INTRA-CORPORATE TRANSFER)

Section 19 governs the granting of a residence permit for foreign employees who are temporarily transferred by their company from a branch outside the EU to a branch in Germany. This form is referred to as an intra-corporate transfer (ICT).

Germany applies this regulation if it is the ‘first Member State’ – that is, if the employee plans to spend more time in Germany than in any other EU country as part of this transfer. If the longest stay is planned in another EU country, different regulations apply for entry into Germany – Section 19a (up to 90 days) or Section 19b (over 90 days).

General conditions for internal transfers

An internal transfer requires the following:

• The employee must be resident in a third country (outside the EU) at the time of application
• They are transferred within the same company or group of companies to a branch in Germany
• They have an employment contract that is valid for the entire duration of the posting
• There is a guarantee of return – it is sufficient if there is the possibility of returning to any branch of the same company or group of companies

The term ‘group of companies’ is interpreted broadly: the existence of a majority shareholding or unified management is sufficient. In cases of doubt regarding the corporate structure, the Chamber of Industry and Commerce (IHK) or Berlin Partner is consulted for verification.

Three categories of ICT Card holders

1. Managers and skilled workers (Section 19(2))

Manager – a person to whom managerial duties with corresponding powers have been assigned.

Specialist – a person who possesses indispensable specialist knowledge in the areas of activity, processes or corporate management of the host branch, a high level of qualification and sufficient professional experience.

Additional requirement: The employee must have been employed by the relevant company or group for at least six months prior to the transfer. Compliance with these requirements is assessed by the Federal Employment Agency as part of the approval procedure.

2. Trainees (Section 19(3))

An ICT card may be issued to interns with a university degree who are sent to a German branch for the purpose of professional development or sector-specific training. A prerequisite is participation in an official internship programme with specific objectives and timeframes, as well as appropriate remuneration. This requirement excludes the deployment of interns as regular employees.

Validity period of the ICT card

Category Maximum duration

Managers and skilled workers 3 years

Interns 1 year

An extension beyond these periods is not possible – the ICT card is intended exclusively for temporary postings. Once the maximum validity period has expired, a change of the basis for residence is possible, for example, a transition to Section 18b.

For reasons of administrative efficiency, the ICT card is generally issued for the maximum validity period, subject to the condition that it loses its validity upon termination of the employment relationship.

Grounds for refusal

The ICT card will not be issued in the following cases:

• The applicant is a national of an EEA country or Switzerland, or works for a company registered in one of these countries
• The employee plans to spend more time in an EU country other than Germany – in this case, that country is the competent state
• Less than six months have passed since the last intra-corporate transfer

Section 19a allows foreign employees who already hold an ICT card from another EU country to work in Germany for up to 90 days within a 180-day period – without the need for a separate German residence permit.

How does the procedure work?

Instead of a residence permit, a notification is sufficient. This is not submitted by the employee themselves, but by the employer in another EU country via the BAMF (national contact point). Notifications submitted directly to the Foreigners’ Registration Office are returned to the host company without being examined.

Once the application has been reviewed, the BAMF forwards the documents to the Foreigners’ Registration Office at the planned place of residence. The BAMF has 20 days to review the application and decide on a possible rejection.

The Foreigners’ Registration Office is practically not involved in this procedure – except in cases where there are grounds for expulsion.

Confirmation of the right of residence

The BAMF issues the employee with a certificate confirming their right of entry and residence in Germany. This certificate is of a declaratory nature – it confirms an existing right, but does not create it. If the certificate is lost or there are delays in its delivery, you should contact the BAMF directly, not the Foreigners’ Registration Office.

Family members

Family reunification is not provided for under the short-term mobility scheme. Family members who hold a residence permit for family reunification with the holder of an ICT card in the first EU country may accompany them to Germany on the basis of the right to free movement under the Schengen Agreement. If the first EU country is not a Schengen country, family members require a visitor’s visa from the German consulate. In both cases, family members are prohibited from taking up gainful employment in Germany.

Grounds for refusal and consequences

A refusal of short-term mobility is possible under Section 19a(3) – particularly if there are grounds for expulsion. In the event of a refusal, the employee is obliged to leave the country, and the continuation of gainful employment is not permitted. The employee themselves, the host institution in another EU country and the competent authority of that country will be informed in writing by the BAMF of the refusal.

Notification obligations

Following the BAMF’s decision, responsibility for all further residence matters passes to the Foreigners’ Registration Office. Both the employee and the host organisation in Germany are obliged to notify the authority of any changes that affect the conditions of mobility. Furthermore, if the ICT card issued by the first EU country is renewed during the stay in Germany, the employee is obliged to notify the Foreigners’ Registration Office of this.

Section 19b governs the residence of employees who already hold an ICT card from another EU country and plan to work for more than 90 days at the German branch of the same company. This is a logical extension of Section 19a: up to 90 days – reporting obligation without a residence permit; over 90 days – a mobile ICT card is required.

If all the requirements are met, the applicant has a legal right to this residence permit.

Requirements for granting

The main requirement is that the applicant holds a valid ICT card from another EU country at the time the mobile ICT card is issued. A visa issued by the first EU country in accordance with the provisions of the ICT Directive is also considered a residence permit. The employee is not required to enter the first EU country first in order to obtain an ICT card there.

Otherwise, the same requirements apply as for the issuance of a standard ICT card under Section 19 — regarding qualifications, employment contract and company structure.

Period of validity

The mobile ICT card is issued for the duration of the intra-corporate transfer to Germany. Periods of residence already spent in other EU countries under the ICT scheme are taken into account – they count towards the overall maximum limit:

• Managers and skilled workers – no more than 3 years in total across the entire EU
• Trainees – no more than 1 year in total across the entire EU

An extension beyond these periods is not possible. However, once the maximum period of stay has expired, a change in the basis of residence is permitted – for example, a transition to Section 18b or Section 18g in order to continue working for the same employer.

Application procedure

The application must be submitted via the BAMF – no later than 20 days before the planned start of work in Germany. Twenty days after submitting the complete documents, the employee is entitled to enter Germany and commence work – even if no decision has yet been made. Residence and work are deemed authorised for a period of up to 90 days, provided the ICT card from the first EU country remains valid.

In practice, this gives the authorities sufficient time to reach a decision: 20 days before entry plus 90 days thereafter – a total of 110 days.

Reporting obligations

The host organisation in Germany is obliged to notify the Foreigners’ Registration Office immediately – usually within a week – if the employee’s ICT card from another EU country is no longer valid. In this case, a check is carried out to see whether a switch to a different basis for residence is possible.

Self-employed (entrepreneurial) activity is permitted from the date the card is issued. The note ‘Gainful employment permitted’ is not entered when the mobile ICT card is issued.

OTHER EMPLOYMENT AND CIVIL SERVANTS, § 19C RESIDENCE

Section 19c covers several special cases of taking up employment that do not fall within the standard categories of skilled workers under Sections 18a and 18b. The provision covers three main situations: employment without specialist qualifications, practical experience without formal training, and employment in special cases.

Option 1: Employment without professional qualifications (Section 19c(1))

This option applies only where Sections 18a and 18b do not apply – for example, where the applicant does not possess sufficient qualifications or the work involves unskilled labour.

The permissible types of employment are set out in the Employment Regulation (BeschV). If a particular type of employment is not listed there, the grant of authorisation will be refused. If it is listed, the approval of the Federal Employment Agency is required, which independently assesses the applicant’s qualifications. If consent is granted, the Foreigners’ Registration Office ( ) is authorised to issue the residence permit at its own discretion – generally in favour of the applicant.

Exception: If the full-time employment does not guarantee the minimum subsistence level and the income is supplemented by a third-party guarantee, the discretion is generally not exercised in favour of the applicant – to prevent wage dumping.

Option 2: Practical experience without formal qualifications (Section 19c(2))

Since 2020, foreign nationals with significant practical skills but without a formal qualification may obtain a residence permit for skilled employment – provided the Federal Employment Agency gives its consent in accordance with Section 6 of the Residence Regulation.

Requirements:

• The employment must be a skilled occupation (Section 2(12b))
• There is a concrete job offer
• The Federal Employment Agency grants its approval

If consent is granted, the residence permit is issued at the discretion of the authorities – always in favour of the applicant. The Agency’s consent is required again for each renewal.

Practical note for Berlin: If the Agency refuses to grant approval – for example, due to insufficient German language skills despite good English skills – it should be checked, in consultation with the Chamber of Industry and Commerce (IHK) or Berlin Partner, whether there is a particular regional interest (e.g. in the field of IT start-ups) that constitutes grounds for granting a permit under Section 19c(3).

Option 3: Special public interest (Section 19c(3))

If a specific occupation is not provided for by law, in the Employment Regulation (BeschV) or in an international agreement, a residence permit may be granted in exceptional cases where there is a regional, economic or labour market policy public interest.

Examples from Berlin practice:

• Israeli security personnel of the Jewish community or the airline EL AL
• Staff of the German-Turkish University in Berlin
• Ukrainian nationals with a temporary Ukrainian residence permit who do not fall under the EU-wide Temporary Protection Mechanism but have been employed for at least 6 months by an employer in Berlin or Brandenburg with compulsory social insurance

In these cases, the public interest is automatically recognised for Ukrainian citizens: forced departure would cause considerable damage to production processes given the general staff shortage. Due to the special circumstances – the war in Ukraine – it is not necessary to go through the visa procedure.

Additional requirements: Independent proof of the minimum subsistence level, German language skills at A1 level, no previous convictions for intentional criminal offences.

The residence permit is granted for a period of up to four years and is tied to a specific position with a specific employer. The decision is made at departmental level.

Option 4: Civil servants (Section 19c(4))

Foreign nationals may be employed in the civil service in Germany – in particular as professors, research staff and artistic staff at universities. Involvement of the Federal Employment Agency is not required.

A particular advantage: after three years of uninterrupted service in the civil service, it is possible to obtain a permanent residence permit – before the expiry of the standard period. Periods during which the foreign national was employed in the civil service but held a different residence permit are also taken into account.

RESIDENCE PERMIT FOR QUALIFIED PERSONS WITH TEMPORARY STATUS, SECTION 19D OF THE RESIDENCE ACT

Section 19d opens the way to a legal residence permit for foreign nationals who are in Germany on a temporary residence permit (tolerated stay) or a humanitarian residence permit, have found work commensurate with their qualifications, and wish to change to the status of a person lawfully entitled to reside in Germany. The authority’s discretion is exercised in favour of the applicant – both in the economic interests of Germany and in the interests of the applicants themselves.

Who can make use of Section 19d?

The provision applies to:

• Persons with Duldung (provisional residence permit that does not grant the right to leave the country)
• People with humanitarian residence status (Section 19d(4)) – they are treated in the same way as those with tolerated status and do not have to leave the country to go through the visa procedure

Persons with a residence permit granted as part of the asylum procedure are not entitled to this residence permit.

Three ways to obtain a residence permit

Route 1: Main route (Section 19d(1))

This route should be considered as a priority – it is more advantageous as it does not provide for the subsequent revocation of the residence permit.

Requirements:

1. Qualification – one of the following:

• German vocational training (at least 2 years)
• foreign training recognised as equivalent to German training
• a university degree and at least 2 years of uninterrupted professional activity in Germany (interruptions of up to 3 months are not counted, but do not interrupt the period)

2. German language skills at B1 level – demonstrated by a degree from a German university, successful completion of an integration course, a B1 certificate or an interview (for those with more than 4 years’ professional experience)

3. Means of subsistence – for at least 3 years’ professional experience, a simplified rule applies: it is sufficient if the applicant has covered the minimum cost of living in the last 12 months, excluding housing costs. For the future, the forecast must be comprehensive and include rental costs.

4. Availability of accommodation

5. No deception – Deception regarding identity is grounds for rejection, but this may be waived if the applicant discloses their true identity themselves and has actively cooperated in obtaining the documents. In doing so, they must withdraw all complaints they have lodged against the authorities.

6. No criminal record for intentional offences committed in Germany. Minor fines (up to 50 or 90 daily rates) are not taken into account.

7. Approval from the Federal Employment Agency – always required. The Foreigners’ Registration Office is authorised to decide without consulting the Agency only in obvious cases of incompatibility (e.g. if a baker is applying for a position as a secretary).

The residence permit is valid for 2 years.

Route 2: Following a training-related temporary residence permit (Section 19d(1a))

This route is intended for those who have completed vocational training during the period of validity of the training tolerance (Section 60c). If all requirements are met, the authority is obliged to issue a residence permit – there is no discretion.

Important note: A residence permit under Section 19d(1a) may be revoked if the employment relationship ends through the fault of the foreign national. It is therefore recommended to give preference to paragraph 1 over paragraph 1a(1) where a choice is available.

If the employment relationship is terminated through no fault of the applicant (e.g. through dismissal), they may be granted a provisional residence permit for 6 months to seek employment.

Extension after 2 years

After 2 years of working in their field of expertise, the residence permit may be extended for any employment – without any qualification restrictions and without the involvement of the Federal Employment Agency. The note ‘Guaranteed access to the labour market’ is entered – free access to the labour market.

If the applicant has switched to a less skilled job or has ceased gainful employment entirely before the end of the 2 years, an extension for job-seeking purposes is possible: 12 months in accordance with Section 19d(1) or 6 months in accordance with Section 19d(1a).

Self-employment

Self-employment is prohibited during the first two years – the legislator wishes to ensure that the applicant retains precisely the skilled employment that formed the basis for the grant of the residence permit. Exceptions are permitted only in cases of special public interest and only as additional income alongside the main occupation.

OPPORTUNITY CARD, § 20A RESIDENCE PERMIT

Since 1 June 2024, Germany has had a new instrument for recruiting foreign workers – the Opportunity Card. It enables foreign nationals to enter Germany to look for work or to undergo a procedure for the recognition of foreign qualifications – even before concluding an employment contract.

The card is available in two versions: the Job Seeker Opportunity Card and the Follow-up Opportunity Card (Folge-Chancenkarte).

Job-Seeker Opportunity Card

Who is eligible?

There are two separate routes:

Route 1 – Skilled worker under Section 18(3): Individuals who are recognised as skilled workers (with a vocational or higher education qualification) are granted the card regardless of the points-based system.

Route 2 – Points-based system: A minimum of 6 points must be achieved from the following criteria:

Criterion Points

• Partial recognition of a foreign qualification – 4
• German B2 – 3
• 5 years’ professional experience – 3
• German B1 – 2
• 2 years’ work experience – 2
• Age up to 35 years – 2
• German A2 – 1
• English C1 – 1
• Shortage occupation – 1
• Age up to 40 years – 1
• Previous stay in Germany of at least 6 months – 1
• Additional criterion (only for applications from abroad) – 1

Additional mandatory requirements for the points-based system

In addition to the points, the following must be demonstrated:

Formal qualification – one of the following: a foreign vocational qualification recognised in the country of origin with a duration of at least 2 years; a foreign university degree; or a qualification from a foreign chamber of commerce and industry. The existence of a formal qualification is confirmed by a certificate from the ZAB or the BIBB.

Language skills – German at least at level A1 or English at least at level B2. A language certificate is not required if the applicant’s country of origin is an English-speaking country or if they have completed their training in German or English.

What is permitted?

The Opportunity Card allows you to:

• working up to 20 hours per week
• to undertake taster work placements of up to two weeks’ duration with various employers (provided that the work is skilled, forms part of a training programme or is in preparation for the recognition of a qualification)

Self-employed commercial activity is prohibited.

Validity

The Opportunity Card is issued for 1 year. It cannot be renewed as an Opportunity Card – once the validity period has expired, it is possible to switch to either a residence permit for job-seeking or a follow-up Opportunity Card.

Follow-up Opportunity Card

This is issued only during the validity period of the jobseeker’s card and only if there is a specific employment contract or a binding job offer for a skilled position. The follow-up opportunity card is not available for unskilled workers (assistants).

The approval of the Federal Employment Agency is required. If the applicant already meets the requirements for another residence permit for the purpose of taking up employment, the follow-up opportunity card will be refused.

The follow-up card is issued for a period of up to 2 years, removes the restriction to 20 hours per week and, provided the relevant requirements are met, paves the way to a permanent residence permit.

Important practical rules

• A search card must never be followed by another search card, and a follow-up card must never be followed by another follow-up card. The sequence is strictly mandatory.
• An application for a permit can only be made from within Germany if the previous stay was based on a residence permit for employment or study – this applies primarily in the event of job loss.
• A direct transition from the job-seeking card to a permanent residence permit is not possible – this can only be achieved via the follow-up card or another residence permit for employment.
• Applicants can check their chances of obtaining the card in advance on the website make-it-in-germany.com

LINK

SELF-EMPLOYMENT, SECTION 21 OF THE RESIDENCE ACT

Section 21 governs the granting of a residence permit to foreign nationals who wish to pursue self-employed commercial or freelance activities in Germany – whether this involves setting up a new business, continuing an existing business or working as a freelancer. All four grounds in Section 21 are discretionary criteria – that is to say, the authority makes its decision after weighing up the circumstances of the individual case.

The four grounds and the order in which they are assessed

The law prescribes the following order of assessment – from the simplest to the most complex case:

1. Section 21(2b) – Scholarship holders setting up a business The simplest route. If a foreign national receives a state scholarship to prepare for setting up a business (e.g. EXIST or the Berlin Start-up Scholarship), the residence permit is granted without further conditions. Neither a business plan nor proof of the minimum subsistence level is assessed – the scholarship is considered sufficient grounds. The permit is valid for up to 18 months.

2. Section 21(2a) – University graduates, researchers and academics A simplified route for academic professionals. The residence permit is granted if the activity is related to the knowledge acquired at university or to academic work. The criteria under Section 21(1) (economic significance, job creation) are not required here. As a rule, the decision is made in favour of the applicant.

3. Section 21(1) – Standard route for entrepreneurs The most important and demanding option. Three conditions must be met simultaneously: the existence of an economic or regional interest in the activity, expected positive effects on the economy, and secure financing through equity or credit. The assessment takes into account the business idea, the entrepreneur’s experience, the level of investment, the impact on the labour market, and the contribution to innovation and research. For managing directors, an additional income of at least €41,000 per year after tax is required.

4. Section 21(5) – Freelancers For freelancers – artists, translators, architects, language teachers and other freelancers. The strict requirements of Section 21(1) do not apply. The decision is made by weighing up private and public interests.

Who is eligible under Section 21?

The provision applies to company founders, sole traders, self-employed professionals, as well as managing directors and legal representatives of legal entities – provided they bear actual managerial responsibility. This requires either a shareholding of at least 50% or the existence of a so-called blocking minority, which extends without restriction to the company’s entire business activities.

The mere ownership of shares without management powers does not give rise to a claim under Section 21. The ownership of real estate does not, in itself, constitute a business activity.

Pension provision (Section 21(3))

Persons who have reached the age of 45 at the time of application must, as a rule, prove that they have adequate retirement provision. From 1 July 2025, the following minimum threshold applies:

• a monthly pension of at least €1,612.53 over a period of 12 years from the age of 67, or
• savings of at least €232,204

This requirement does not apply to nationals of countries with which Germany has concluded relevant bilateral agreements (Dominican Republic, Indonesia, Japan, Philippines, Sri Lanka).

Special cases in Berlin

A number of sectors characterised by fierce competition are not, as a rule, recognised as economically relevant: car sales, vehicle repair and maintenance, and the trade in scrap metal and precious metals. In such cases, the application may be rejected without further consultation with the Chamber of Industry and Commerce (IHK).

A special rule applies to artists in Berlin: a public interest in their work is automatically assumed – as the ‘capital of art and film’. Language teachers offering independent courses on the open market also benefit from a similar presumption.

Validity period and renewal

A residence permit under Section 21(1), (2a) and (5) is generally granted for 3 years; in cases of doubt, for 2 years. For a renewal, an audit report is required, drawn up by a tax adviser, chartered accountant or solicitor – this confirms the successful operation of the business.

Permanent residence permit

After 3 years of self-employment, it is possible to obtain a permanent residence permit under Section 21(4) sentence 2 – provided that the income actually derives from the business activity. The more successful the entrepreneur is, the more flexible the remaining standard requirements become – with the exception of requirements relating to public order and security. For freelancers, the fast-track route to a permanent residence permit is not available under Section 21(5) – they are only entitled to it after 5 years, in accordance with the general rules of Section 9.