Prohibition of gainful employment: Which foreigners in Germany are not allowed to work?

The basic rule is: Third-country nationals with a residence permit are allowed to work in Germany – unless legal regulations prohibit this or restrict the activity (see Section 4a of the Residence Act ). The Residence Act follows the principle of " permission subject to a prohibition ." Even if a legal prohibition exists, the immigration authorities can make an exception in individual cases and permit employment. This often requires the approval of the Federal Employment Agency .

Who is affected by the work ban?

A work ban applies primarily to certain residence permits that are not primarily intended for employment. These include:

• Residence permits for training and study purposes (§§ 16–17 AufenthG) : Here, employment is usually severely restricted or prohibited.

• Residence permits for gainful employment (§§ 18–21 AufenthG) : These are generally limited to the specific activity for which they were issued. A change of job or sector is often only possible with a new permit. However, there are exceptions to this rule (e.g., for changing employers with an EU Blue Card ).

• Humanitarian residence permits (§§ 23–25 AufenthG): Gainful employment must be expressly permitted – either in an admission decision or by individual decision of the authority.

• Schengen visas (Section 6 of the Residence Act) : Gainful employment is generally prohibited. An exception to this is the so-called " Schengen hybrid visa ."

• Residence permits for purposes of residence not expressly mentioned in the law (Section 7 of the Residence Act): Here, too, gainful employment is only permitted in exceptional cases.

What happens if the purpose of stay changes?

Things become more complicated when a residence permit for humanitarian purposes or family reunification expires and a new permit is applied for for the purpose of gainful employment (so-called change of purpose). This raises the question of whether already integrated third-country nationals retain their access to the labor market and whether a change of purpose is possible. This depends, among other things, on whether Section 9 of the Employment Regulations (BeschV) applies in the specific case. One of our labor migration lawyers will be happy to explain this issue in detail.

Conclusion

Not every foreign national with a residence permit is automatically allowed to work in Germany. Restrictions or prohibitions often apply, especially to training, humanitarian, or special residence permits. However, there are numerous exceptions, and the longer the stay or integration into the labor market, the better the chances of receiving an unrestricted work permit. Anyone changing their residence permit should carefully consider whether they are at risk of being banned from working or whether their existing access to the labor market will be maintained.