Access to the German labour market

Artists and persons engaged in the cultural sector who are staying in Germany for a longer period of time and are not EU nationals usually have only limited access to the German labour market. Whether access is restricted or unrestricted depends on the residence status specified in the residence documents. The residence status determines what is permitted during a stay and what is not.

When we speak of gainful activity (Erwerbstätigkeit), the term covers employment (Beschäftigung als Arbeitnehmer/Angestellung) as well as self-employment (selbstständige Tätigkeit). There are two categories of self-employment (selbstständige Tätigkeit): freelancing (freiberufliche Tätigkeit) and operating a business (Gewerbe). Information on gainful activity in Germany is available here.

There is no "artist visa" and no special residence status for artists from third countries in Germany.

Information on long-term stays, visa application etc. can be found here.

Information on short stays with a Schengen Visa and on (artistic) activities that are not considered gainful employment in Germany in the sense of residence law, so that no special visa needs to be applied for, can be found here in the ‘visa and residence‘ section.

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A settlement permit (Niederlassungserlaubnis) grants full access to the labour market, with no further permission required from the authorities. The settlement permit is valid for an unlimited duration and can generally be applied for after five years of temporary residence (Aufenthaltserlaubnis).
 

A residence permit (Aufenthaltserlaubnis) is temporary, i.e. it is valid for a fixed period of time. A residence permit is also issued for a particular purpose, i.e. it is valid for a specific position or a specific type of self-employment. The validity period and purpose are indicated in the residence permit or in the ancillary provisions of the residence documents (Nebenbestimmungen der Aufenthaltspapiere).

Persons with a residence permit issued for a specific purpose do not have full access to the labour market. The purpose is stated in the residence documents. They must be aware that they

• can only take up an activity that is defined as the purpose of their stay (Section 21 German Residence Act – Self-employment; Section 21 (5) German Residence Act for freelance activities; Section 18 German Residence Act – Employment, etc.),
• may only perform those activities which are permitted under the ancillary provisions and
• may only work for the employer named in the ancillary provisions.

f a person applies for a residence permit for the purpose of pursuing a gainful activity in Germany, the person must decide whether he/she wishes to be self-employed or employed and which activities to apply for. If the application is for employment, the person must prove that they have received a specific job offer. It is possible to change the purpose of the stay, but this can involve considerable administrative effort.

Information on application from the country of residence and on application from Germany, on the conditions etc. are available in the ‘visum and residence‘ section.
 

Formally recognized refugees (anerkannte Geflüchtete) (Section 25 German Residence Act – Residence on humanitarian grounds) and persons with subsidiary protection status (Personen mit subsidiärem Schutz) (Section 24 German Residence Act – Granting of residence for temporary protection) with a residence permit (Aufenthaltserlaubnis) usually have full access to the labour market. The residence documents include a reference that states "Gainful activity permitted" ("Erwerbstätigkeit gestattet"). In individual cases, they may state "Employment permitted. Self-employment permitd after authorisation by the Foreigners' Registration Office." ("Beschäftigung gestattet. Selbstständigkeit nach Erlaubnis der Ausländerbehörde gestattet."). This permits the individual to take up employment, but for self-employment, they will require the approval of the Foreigners' Registration Office.
 

Asylum-seeking artists and persons engaged in the cultural sector with a temporary residence permit (Aufenthaltsgestattung) or persons with exceptional leave to remain (Duldung) are not allowed to work in Germany during the first three months of their stay; after four years they can generally take up any occupation. In the meantime, the ancillary provisions specified in the residence documents must be observed.
As a rule, asylum seekers and persons with exceptional leave to remain are not permitted to take up self-employment.

Asylum seekers from countries deemed safe countries of origin are subject to a prohibition on employment if they have filed for asylum after August 31, 2015 and have obtained a temporary residence permit for asylum seekers or - following rejection of their application for asylum - have been granted exceptional leave to remain.  Safe countries of origin are Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, Montenegro, Senegal and Serbia according to Section 29a German Asylum Act.

Important! A residence title issued in Germany only regulates an individual's stay and permitted activities in Germany. As a rule, it is possible to visit other countries in the Schengen area, but national regulations must be observed when working in another country! Detailed information is available here.

Information on what type of gainful activity is possible in Germany under which residence status can be found in the residence documents.
Residence titles (visa, residence permit/Aufenthaltserlaubnis, settlement permit/Niederlassungserlaubnis, etc.) are issued as a chip card with an accompanying document or as a sticker in the person's passport. The residence title is mentioned under "Type of title" ("Art des Titels") and the relevant paragraph of the Residence Act as the legal basis appears under "Notes" ("Anmerkungen"), along with any references to additional pages with ancillary provisions, etc. Some "Residence documents", are also available as folding cards or in simple paper form.

Sample documents for review can be found in the BMAS Leitfaden zu Arbeitsmarktzugang und -förderung. Flüchtlinge, Kundinnen und Kunden der Arbeitsmarktagenturen und Jobcenter (2017) handout (only available in German).

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The Foreigners' Registration Office (Ausländerbehörde) is responsible for granting authorisation for self-employment where required. Since the German system distinguishes between operating a business (Gewerbe) and freelancing (Freiberuflichkeit) for self-employed activities, it is important to note what type of activity the residence title permits (see here for the distinction between freelancing and operating a business).

The operation of a gallery is considered a business enterprise (Gewerbe). The residence permit issued to the artist permitting him to work as a freelancer (Freiberufler) (Section 21 (5) German Residence Act – freelance activities) does not entitle him to open a business without further authorisation. Before he may open a gallery, he must submit an additional application for a different residence permit to the Foreigners' Registration Office (Ausländerbehörde) (Section 21 (1) German Residence Act – Self-employment).

The requirements for applying for authorisation to engage in freelancing (freiberufliche Tätigkeit)differ from those when seeking authorisation to engage in a business enterprise (Gewerbe).

In addition to the applicant's curriculum vitae, proof of health insurance, tenancy agreement, etc. the following are required for the granting of a residence permit for a freelance activity:

• proof that the applicant is able to make a living (e.g. financing plan, proof of regular income, if available),
• if working on a fee basis, fee agreements or letters of intent,
• from the age of 45, proof of retirement planning, etc.

The application is subject to a fee (in Berlin, for example, up to 100 euros depending on the complexity of the case).

Detailed information on the requirements and documents to be submitted is available online from the Foreigners' Registration Offices (Foreigners' Registration Offices search page on the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge) website). Examples of information provided by the authorities in Berlin can be found here.

As a rule, the approval of the Federal Employment Agency (BA) (Bundesagentur für Arbeit (BA)) is also required. This agency is consulted automatically by the Foreigners' Registration Office.


A residence permit for a business enterprise may be issued, for example, to company founders and sole proprietors. The prerequisite is that there is an economic interest or local need and that the activity can be expected to have a positive impact on the economy. To this end, the applicant must submit a business plan, business concept, financing plan, etc. The conditions for granting a residence permit for a business enterprise are generally stricter than those applicable to freelance work.  
The application is subject to a fee (in Berlin, for example, up to 100 euros depending on the complexity of the case).

Detailed information on the requirements and documents to be submitted is available online from the Foreigners' Registration Offices (Link to the Foreigners' Registration Offices search page on the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge) website). Examples of information provided by the authorities in Berlin can be found here.

As a rule, the approval of the Federal Employment Agency (BA) is also required. This agency is consulted automatically by the Foreigners' Registration Office.

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The Foreigners' Registration Office (Ausländerbehörde) is responsible for issuing employment permits (Beschäftigungserlaubnis). To obtain such a permit, the person seeking employment must submit an employment contract or the "job description" form (Formular "Stellenbeschreibung") – completed by the future employer – to the Foreigners' Registration Office. Additional documents are also required, such as proof of health insurance cover, proof of lease costs, etc. The application is subject to a fee (in Berlin, for example, up to 100 euros depending on the complexity of the case).

Detailed information on the requirements and documents to be submitted is available online from the Foreigners' Registration Offices (Foreigners' Registration Offices search page on the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge) website). Examples of information provided by the authorities in Berlin can be found here.

As a rule, the approval of the Federal Employment Agency (Bundesagentur für Arbeit (BA)) is also required. This agency is consulted automatically by the Foreigners' Registration Office when a person applies for an employment permit for a specific position. 
 

If an individual is not permitted to engage in gainful activity, he/she should consult a counselling centre to discuss further steps. An overview of the various counselling centres in question can be found here.

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