European requirements for work permits for third-country nationals

EU law generally allows Member States considerable discretion regarding the access of third-country nationals to the labour market . Nevertheless, certain groups of persons must be granted access to employment under certain conditions. This applies, for example, to refugees after a minimum period of residence or after a labour market test, as provided for in Article 26 of the Qualification Directive , Article 14 of the Family Reunification Directive , or Article 15 of the Reception Conditions Directive. For highly qualified persons, the Blue Card Directive contains Binding requirements: Member States are obliged to allow the immigration of these skilled workers under clearly defined conditions.

Framework Directive: Uniform procedure for residence and work

A key European instrument for regulating access to the labor market is the Framework Directive (Directive 2011/98/EU) . It introduces a uniform application procedure for third-country nationals who fall within its scope. The aim is to issue a combined residence and work permit . However, the directive does not regulate the conditions under which and the extent to which access to employment must be permitted. These decisions largely remain with the individual member states. In particular, the directive does not apply directly, since EU directives (apart from a few exceptions) must first be implemented into national (i.e., German) law.

International guidelines and Germany's reluctance

In addition to EU law, there are also international frameworks regulating the employment of foreign nationals. For example, the General Agreement on Trade in Services (GATS) contains certain regulations on labor migration, which influence German law through Section 29, Paragraph 5 of the Employment Regulation (BeschV) . Bilateral agreements also exist that partially regulate access to the labor market. The "Global Compact for Migration" contains recommendations for better managing migration, but is not legally binding.

Conclusion

Even though Germany has largely independent powers regarding the granting of work permits to third-country nationals, it is bound by key EU directives – particularly regarding skilled workers, refugees, and the procedure for issuing residence permits. International agreements have so far played only a minor role. Therefore, anyone wishing to come and work in Germany should primarily adhere to the domestic German regulations that form the framework for national regulations (especially the Residence Act (AufenthG)).