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Nationals of third countries

Nationals of third countries are foreign citizens who are neither

  • European Union citizens,
  • nationals of a European Economic Area (EEA) member,
  • Swiss nationals, nor
  • family members of such nationals.

They may only be employed if this is allowed by their residence title.

Residence titles are issued by German immigration authorities (Ausländerbehörden) or by German diplomatic missions (embassies, consulates) in the form of

  • visas,
  • residence permits,
  • EU Blue Cards,
  • settlement permits,
  • permits to permanent right of EC residence,
  • ICT card,
  • Mobile ICT card or
  • Vander Elst visa

Nationals of third states may only be employed if their residence title permits them employment. Other services or work for payment may only be ordered from them if their residence title permits self-employment.
Particular entries in the residence title state whether or not a person is allowed to work.

Holders of settlement permits are generally allowed employment.

Where the immigration authorities have issued a residence permit for the purpose of study, the foreign student is permitted employment for 120 complete days, or 240 half days, per year.

Exceptions

Some activities are legitimate without employment being expressly permitted. There are special arrangements of this kind for

  • senior managers,
  • business travellers,
  • scientists,
  • artists, athletes, and models,
  • students of foreign universities working in vacation jobs,
  • skilled assembly workers,
  • transport crews

where such activity is of short duration (a maximum of 90 days within a period of 180 days or 12 months).

Neither do nationals of third states require a permit if a bilateral agreement, a statute, or statutory order allows gainful activity without a residence title.

The competent immigration authorities and German diplomatic missions (embassies, consulates) can provide specific information.

Foreign citizens with specific-purpose residence permit or suspension of deportation

Foreign citizens who are permitted to stay in Germany (asylum seekers) or whose deportation is suspended may only be employed allowed if employment is expressly permitted to them. They can have access to the labour market after a three-month waiting period at the earliest.

Asylum seekers from the safe countries of origins

  • Albania,
  • Bosnia and Herzegovina,
  • Ghana,
  • Kosovo,
  • Macedonia, former Yugolav Republic,
  • Montenegro,
  • Senegal, and
  • Serbia,

who submitted an application for asylum after 31 August 2015, cannot be granted a work permit.

The competent immigration authorities can provide more specific information.

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