For most work and employment activities carried out in Germany, a residence permit for employment purposes must be obtained. As a rule, this type of permit requires the approval of the Federal Employment Agency.

The residence permit for employment purposes is one that enables a specifically designated foreign employee to carry out a specific activity for a particular employer based in Germany.

The residence permit will usually be limited to one year but can be extended if necessary. In most cases, the Federal Employment Agency will only approve a corresponding application if the following criteria are met:

• The skilled worker (having vocational qualifications or an academic education) wishes to pursue a well-qualified employment in Germany, which is appropriate for their qualifications.
• The salary is comparable to that offered to resident workers in similar positions.
• The intended employment falls into one of the categories as defined in the Ordinance on Employment of Foreign Nationals (Beschaeftigungsverordnung), which is a detailed catalog covering different types of qualified professions.
• Approval may also be granted for executive staff, members of a body or a legal entity who are entitled to act as its legal representative, or persons who possess particular, above all company-specific, specialist knowledge pertinent to engaging in skilled employment in Germany.

Highly qualified specialists

Highly qualified specialists may apply for temporary residence titles and — under additional pre-conditions — for settlement permits that give them unlimited residence rights.

Prior approval from the Federal Employment Agency is not required in these cases.

Highly qualified persons include the following:

• Scientists with special technical knowledge
• Teachers or scientists in prominent positions

EU Blue Card

The EU Blue Card, which offers favorable conditions for family reunification, permanent residence and job changes, will be made available to more professionals with a university degree if their salary exceeds the threshold of 50% of the annual social security ceiling (EUR 43,800 gross annually). This figure has been reduced from EUR 58,400 (respective EUR 45,552 in 2023 for MINT positions).

In addition, the consequence of being recognized as a skilled worker is broader than before. It is no longer necessary to work in the field for which the worker was formally qualified.

To reduce the number of formalities, the period during which an EU Blue Card holder must obtain permission from the immigration authorities to change their job (change of employer, promotion, etc.) has been reduced from two years to one year. The new law replaces the requirement to obtain permission from the immigration authorities with a simple notification requirement.

Finally, the rules on family reunification have been simplified to make the EU Blue Card more attractive to potential applicants.

In most cases, the EU Blue Card can be issued without the consent of the Federal Employment Agency. As a consequence, the application procedure is usually significantly faster.

This type of permit enables the holder not only to reside and work in Germany but also facilitates moving within the Schengen territory.

There are two options for intracompany transferees, which are as follows:

Personnel exchange

Foreign employees, working for an internationally operating group, who are being transferred to Germany temporarily, may apply for a residence/work permit under simplified conditions provided that the intended assignment can be seen as part of an international personnel exchange program and that the said assignment is of crucial interest for the cooperation and development of the internationally operating group.

To be granted this permit, the foreign employee must have a university degree or a comparable vocational qualification and, above all, company-specific specialist knowledge. The employee in question must remain employed with the affiliated entity abroad. Furthermore, from time to time, the German company must send skilled employees abroad in the reverse direction.

A work-related residence permit under this provision can be granted for up to three years. Work permits of this kind will only be issued if the local Employment Agency has given its approval. Due to the latest changes in German immigration law, labor market checks no longer need to be performed. This speeds up the application process considerably.

ICT Permit

Foreign nationals can apply for an Intra-Corporate Transfer Permit ("ICT Permit") if they intend to be posted to Germany for more than 90 days. The ICT Permit is only granted to managers, specialists and trainees who are bound (and remain bound during their secondment) by an employment contract with an affiliated, non-EU entity. Both companies involved must belong to the same group of companies and the employee must have been employed by the company for at least six months before the assignment.

In the case of managers and specialists, the ICT Permit can be granted for up to three years and up to one year for trainees.

If foreign nationals intend to stay in Germany for more than three months, they must register their residence at the local registration office (Einwohnermeldeamt). Furthermore, they need to schedule an appointment with the local immigration office to attend a personal interview and to apply for a work-related residence permit.

Foreign nationals are not allowed to start working before they have received a (temporary) work permit. However, they also have the option to apply for a work-related national visa at a German Embassy or Consulate abroad before entering Germany. They will be allowed to work with such a visa even before the appointment at the local immigration office takes place, provided that the visa comprises a corresponding work permit.

In general, citizens of the European Economic Area (EEA countries) are free to reside and work in Germany without any prior formalities.

Family members of EEA nationals (who are not themselves EEA nationals) are required to obtain a so-called Residence Card if they want to accompany or join an EEA national residing in Germany.

EEA nationals and their family members are free to work for a company or to be self-employed. They do not need to obtain a German work authorization before doing so. Their only obligation is to register their local address shortly after moving to Germany.

Besides Germany, the following countries belong to the EEA: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

According to treaties between Switzerland and the EU, Swiss nationals also enjoy special rights of residence equal to those of nationals from the EEA countries.

On 1 February 2020, the United Kingdom left the European Union. Consequently, UK nationals are no longer seen as EU nationals. However, UK nationals who fall under the scope of the Withdrawal Agreement will continue to enjoy special rights in Germany. In fact, they may live, work and study in Germany without needing a corresponding residence title.

Approval from the Federal Employment Agency is not required for non-EEA employees working for an EEA company that provides its services to customers within Germany, provided that they are employed at the company's place of residence abroad and that the assignment to Germany is only temporary.

For some categories of visitors, the Federal Employment Agency's approval is not required for the granting of a work-related residence permit, provided that the foreign national concerned retains residency outside of Germany.

Such privileged categories can include the following:

• Students of foreign universities who want to do a compulsory, study-related internship in Germany, or students of foreign universities who want to carry out a study-related internship after the fourth semester. In some cases, the approval of the Federal Employment Agency is still required.
• Employees of a company whose registered office is seated abroad, outside of Germany, and who are seconded to Germany either to set up a "ready-to-use" machine or a (computer) system supplied by their employer abroad, or to provide training for the use of such machine or system, and the maintenance or repair thereof.

Individuals are only eligible for the latter exemption if they can prove that their employer sold a product or (computer) system that is to be used at the customer's office and that requires some installation or training measures.

Moreover, the employee's stay in Germany may not exceed a duration of 90 days within a 12-month period. The rule providing for an exemption from the Federal Employment Agency's approval only applies if the employer has notified the authority prior to the commencement of work.