Can I get a German residence permit to work for an employer based outside Germany?

Checked on 2026-10-25

If you are a citizen of Andorra, Australia, Israel, Japan, Canada, South Korea, Monaco, New Zealand, San Marino, the UK or the US, German law lets the Federal Employment Agency approve any employment regardless of where the employer is based. The residence permit is issued under § 19c(1) AufenthG, after a priority check.

Key facts

What	The law says	Source
Who it covers	Citizens of Andorra, Australia, Israel, Japan, Canada, South Korea, Monaco, New Zealand, San Marino, the UK and the US	BeschV § 26(1)
What it allows	Approval with a priority check for any employment, regardless of the employer’s seat	BeschV § 26(1)
Residence permit	Residence permit for employment, regardless of skilled-worker qualification, when the BeschV allows the employment	AufenthG § 19c(1)
General conditions	A concrete job offer, Federal Employment Agency approval, and an assurance by you and the employer that the job will actually be carried out	AufenthG § 18(2) nos. 1, 2, 4a
Priority check	The agency checks that no German workers, workers with equal standing, or foreigners with EU-law priority are available; your conditions must not be worse than for comparable domestic workers	AufenthG § 39(3)
How long it lasts	4 years, or the contract or approval period plus 6 months if shorter, never more than 4 years	AufenthG § 18(4)
Applying in Germany	Citizens of Australia, Israel, Japan, Canada, South Korea, New Zealand, the UK and the US can enter without a visa and apply in Germany within 90 days of entry	AufenthV § 41(1), (3)
Andorra, Monaco, San Marino	Visa-free stays only if you don’t intend to work; Berlin’s guidance says you need a D visa issued for this job	AufenthV § 41(2); Service Berlin, “Prerequisites”

What the law says

The Employment Ordinance (BeschV) § 26(1) says that for citizens of eleven named states, the Federal Employment Agency’s approval “can be granted with a priority check for any employment regardless of the employer’s seat”. The Federal Employment Agency’s leaflet 7 repeats this: employment “unabhängig vom Sitz des Arbeitgebers” for these nationalities.

The residence permit itself comes from the Residence Act, § 19c(1): a permit for employment can be granted, regardless of skilled-worker qualification, when the BeschV says you can be admitted to that job. Berlin’s immigration office names § 19c(1) AufenthG with § 26 BeschV as the legal basis of this permit.

The wording is “can”: the permit is not automatic. The general conditions of § 18(2) AufenthG apply, including a concrete job offer and the Federal Employment Agency’s approval.

The priority check

Approval under § 26(1) is “with a priority check” (Vorrangprüfung). Under § 39(3) AufenthG, the Federal Employment Agency can approve only if no German workers, foreigners with equal standing, or foreigners with priority access under EU law are available for the job, and if you are not employed on worse terms than comparable domestic workers.

What Berlin’s immigration office asks for

Berlin’s Landesamt für Einwanderung (its own guidance, for people living in Berlin) says:

An employment relationship in Germany must be established. For citizens of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia (the separate § 26(2) rule), the employer must also have a place of business in Germany.
For citizens of Australia, Israel, Japan, Canada, South Korea, New Zealand, the UK and the US, a draft employment contract is enough, plus the form “Erklärung zum Beschäftigungsverhältnis” signed by the employer.
You need German statutory health insurance or comparable private insurance; foreign health insurance is not sufficient.
The office consults the Federal Employment Agency internally after you apply.
The permit is issued for the duration of the agency’s approval; a new approval is needed to extend it or to change employers.
Fees stated on the page: 100 euros for a first electronic residence permit (eAT), 93 euros to renew it; 56 and 49 euros for a sticker label.

Applying after a visa-free entry: see Germany: apply for a residence permit without a visa after entry.
Working for several clients as a freelancer instead: see Germany freelancer residence permit.

Sources

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.