Visa-free entry to Germany: When are you allowed to work?

Visa-free entry to Germany: When are you allowed to work?

Nationals of certain countries can enter Germany without a visa, even when they plan a longer stay for the purpose of employment. However, an important misunderstanding often arises: visa-free entry does not automatically include permission to work in Germany.

If you enter without a visa, you generally have to wait until the responsible immigration authority (Ausländerbehörde) has issued a residence permit that expressly allows employment. Simply filing the application is not enough.

In short: visa-free entry and starting work

• Certain nationals may enter Germany without a visa and apply for their residence permit after arrival.
• During the visa-free stay, they are generally not yet allowed to work.
• Employment may only begin once the corresponding work authorisation is in place.
• Anyone who needs to work immediately after arrival should apply for the appropriate German work visa before travelling.

Which countries can use visa-free entry for a work-related stay?

Under Section 41 (1) of the Residence Ordinance (Aufenthaltsverordnung), nationals of the following countries may enter Germany without a visa and apply for the required residence permit in Germany:

• Australia
• Israel
• Japan
• Canada
• New Zealand
• Republic of Korea (South Korea)
• United Kingdom
• United States of America (USA)

The required residence permit must generally be applied for within 90 days of entry.

Does visa-free entry include a work permit?

No. Permission to enter and permission to start working are two different things.

Until a residence permit with the corresponding authorisation has been issued, the person generally may not take up employment in Germany. This also applies when:

• an employment contract has already been signed
• the employer expects work to start immediately
• the application for the residence permit has already been filed
• a preliminary approval from the Federal Employment Agency (Bundesagentur für Arbeit) is in place

The preliminary approval from the Federal Employment Agency can speed up the visa procedure. However, it is not a work permit and does not by itself allow work to begin. The final authorisation to work must be granted by the German mission abroad or the responsible immigration authority.

Why can the residence permit application delay the start of work?

Applying in Germany initially seems easier, because no visa appointment at a German mission abroad is required. In practice, however, getting an appointment and processing at the local immigration authority can take several weeks or even months.

If the application is filed in time, the stay generally remains lawful. But without work authorisation, the employee is still not allowed to work. This can lead to the following problems:

• a delayed start of work
• additional costs for the employer
• uncertainty for the employee and their family
• difficulties in project and relocation planning

When is a work visa before entry the better solution?

If the employee is supposed to start work shortly after arriving in Germany, applying for the appropriate work visa in advance is usually the safer route.

The visa issued must clearly show that employment is permitted. The employee can then work within the scope of the authorisation stated in the visa and apply for the electronic residence permit after entry.

Before the first working day, the details and any restrictions in the visa should always be checked carefully.

Common mistakes when entering and starting work

• assuming that visa-free entry automatically grants the right to work
• starting work because the residence permit application has already been filed
• treating the Federal Employment Agency's preliminary approval as a work permit
• booking the trip before clarifying whether an immediate start of work is required
• underestimating the waiting times at the responsible immigration authority

Bottom line

Visa-free entry can simplify relocating to Germany. However, it generally does not allow you to start working immediately. Nationals of the countries listed can apply for their residence permit after arrival, but must wait until employment has been officially approved.

If the employee is to work right after arrival, the appropriate work visa should already be applied for before entry.

Need support with visas and residence permits in Düsseldorf?

Planning should start before the entry date is set. ProExpat supports international professionals and employers with the visa and residence permit procedure, communication with the authorities, and the practical steps of relocation in Düsseldorf and the surrounding area.

Book a free initial consultation so that the right procedure can be planned from the very beginning.

Official source: Section 41 Residence Ordinance (AufenthV)

This information is of a general nature. The correct entry and residence procedure always depends on the individual case and the intended employment.