The prerequisite for starting work is that the residence title permits this. For this purpose, the residence title contains incidental provisions. You may exercise any employed and self-employed with the provision “Erwerbstätigkeit gestattet”. If only “Beschäftigung gestattet” is noted, you may take up any employment, but you can not engage in self-employment.
If the residence permit states “Employment only after permission of the Immigration Office” you have to apply for a work permit at the immigration office before starting work.
In some cases, prior to issuing a work permit, the Federal Employment Agency is required to investigate whether domestic workers are available for this work and that an appropriate salary is paid. In these cases, the incidental provision is limited to a specific employment.
For some residence permits, the law provides that employment may be permitted in principle or to a certain extent (for example, family reunification, students, humanitarian residence permits or asylum procedures).
If you hold a residence permit for a specific occupation, you may initially only perform this activity:
- Residence permit for self-employed, freelancers and artists
- Residence permit for academics (EU Blue Card)
- Residence permit for persons with vocational training
You can, however, delete the employer link if you
- have been residing in Germany for three years or
- have been employed and contribute to the social security for two years (§ 9 Employment Regulations).
As an EU citizen you do not need a residence or work permit. You and your family members are allowed to do any employment.
Our expert in this field is Specialist Lawyer for Immigration Law Sven Hasse.
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