Offshore Employees in German Territorial Waters: Residence Permits

The legal position for non-EU offshore workers first came to national attention through a case involving Ukrainian nationals employed on an offshore wind farm construction project in German territorial waters. During a Federal Police inspection, it emerged that the workers held no valid German Schengen Visa or work authorization. The Federal Administrative Court (Bundesverwaltungsgericht) confirmed that offshore work assignments in German territorial waters cannot be treated as transit, and that a Category C German Schengen Visa is required. Schengen Visas issued by other EU member states were found to be insufficient: only a German-issued Category C visa meets the requirement.

This ruling clarified the baseline obligation. The legislature has since introduced specific provisions for the offshore energy sector that create additional flexibility for companies deploying international crews, while also introducing new compliance requirements that operators must understand before placing workers in the field.

The residence permit and work authorization requirements discussed on this page apply to third-country nationals — nationals of countries outside the European Union and the European Economic Area. EU and EEA citizens benefit from freedom of movement and may work in Germany without a separate work permit.

The definition of third-country national is broader than many operators assume. British nationals, for example, have been classified as third-country nationals since the end of the Brexit transition period and no longer benefit from free movement. For companies assembling international project crews, it is important to assess the nationality of each worker against this framework at the planning stage rather than at the point of deployment. Please contact us directly for advice on the specific documentation requirements applicable to your crew composition.

For assignments of up to 90 days within a 12-month period, a specific provision applies under Section 30 No. 2 in conjunction with Section 24b of the Employment Regulation (Beschäftigungsverordnung, BeschV). Work carried out on offshore wind installations and offshore connection lines within this time frame is not legally classified as employment — a concept known as the non-employment fiction (Nichtbeschäftigungsfiktion). This means that third-country nationals do not require a formal work permit for such short-term deployments. Depending on their nationality and available Schengen days, they may enter on a Category C Schengen Visa or under a visa-exempt arrangement.

This provision is of significant practical value to the offshore sector, where many crew rotations last two to four weeks. It does not, however, remove the requirement to hold valid entry documentation.

For deployments exceeding 90 days, a dedicated legal basis exists under Section 19c of the German Residence Act (Aufenthaltsgesetz, AufenthG) in conjunction with Section 24b BeschV. This allows third-country nationals to work on offshore wind installations and offshore connection lines for up to 24 months without the prior approval of the Federal Employment Agency (Bundesagentur für Arbeit). This exemption from the standard approval requirement is a significant procedural simplification introduced by the legislature to support the expansion of offshore wind energy.

The provisions cover activities for the construction and repair of offshore wind turbines and offshore connection lines, including loading and unloading work in port and other activities performed by crew members of vessels used for these purposes. Port and inland water activities adjacent to the territorial sea that are directly connected to an offshore project are also generally included. Maintenance of wind turbines and cables is generally not covered by the exemption, and self-employed offshore workers are excluded entirely and require a residence permit under Section 21 AufenthG. Where there is any uncertainty about whether a specific activity or worker category falls within the scope of the exemption, we recommend contacting us before deployment begins.

The work authorization provisions described above apply only within the territorial sea (Küstenmeer). Understanding precisely where that zone begins and ends is essential — and is the source of some of the sector’s most significant compliance risks.

The territorial sea extends from the baseline (Basislinie) outward to the 12-nautical-mile limit. The baseline is not the visible shoreline: it runs seaward of the coastline, generally following the low-water line. This means there is a strip of German sovereign territory between the actual coastline and the baseline that falls outside the territorial sea for legal purposes, and where the legislative facilitations may not apply.

The precise authorization requirements in this zone depend on the nature and duration of the work being performed. Companies planning activities in this area — particularly cable laying projects, where offshore connection lines run from open water across this zone to the mainland — should seek specific legal advice before deploying third-country nationals. Contact our team directly to discuss the requirements applicable to your project.

Many offshore wind farms and construction vessels operate in the Exclusive Economic Zone (EEZ), which extends beyond the 12-nautical-mile limit. German residence law does not apply in the EEZ.

However, this does not remove all immigration considerations for workers operating in that zone. Third-country nationals who enter the Schengen Area before proceeding to work in the EEZ remain subject to Schengen day counting even while at sea. Because departures from the Schengen Area by vessel are not recorded with a border stamp, an employee who has spent several weeks working beyond the 12-nautical-mile limit may nonetheless appear — according to their passport record — to have been continuously present in the Schengen Area throughout. Without proactive documentation, this can result in incorrect Schengen day calculations, overstay findings, and restrictions on future entries. Operators should maintain precise records of each crew member’s location throughout the deployment — for example, through vessel logbooks — so that time spent outside the Schengen Area can be properly accounted for if required.

Employers have an ongoing legal obligation to verify that foreign nationals in their employment hold valid work authorization before engagement begins. A residence permit does not automatically authorize work: the permit must carry an explicit note permitting employment, and in offshore contexts, the applicable authorization category must match the work being performed. Employers must also provide information in a Declaration of Employment Relationship (Erklärung zum Beschäftigungsverhältnis) to the Federal Employment Agency, even where the consent requirement is waived.

The Federal Police (Bundespolizei) carries out checks in coastal waters, including inspections of crew lists, identity documents, and deployment profiles. Local immigration authorities in coastal regions are increasingly familiar with the requirements for offshore-specific permits.

The consequences of non-compliance are serious. Fines of up to €500,000 may be imposed for the employment of foreign nationals without the required residence title, and criminal liability may arise for serious or repeated violations. Companies found in breach may also be excluded from public subsidies and public procurement procedures — a particularly significant risk in a sector that is substantially driven by public tendering. Workers themselves may face fines and entry bans.