German residence law distinguishes between two forms of gainful activity: self-employment and non-self-employed occupation. Under Section 7 of the Fourth Book of the Social Code (Sozialgesetzbuch IV, SGB IV), any non-self-employed work qualifies legally as occupation, particularly work performed under an employment relationship. The acquisition of professional knowledge, skills, or experience during in-company training or retraining also qualifies as occupation.

Approval to take up an occupation, including secondary employment, is generally granted by the competent immigration authority as part of the residence permit. Where approval from the Federal Employment Agency is required, it is obtained through an internal administrative procedure. In some cases, however, a residence permit for employment purposes may be issued without approval from the Federal Employment Agency.

Approval from the Federal Employment Agency generally requires that:

• a statutory basis grants access to the German labor market,
• a specific job offer from a domestic employer exists, and
• the intended employment conditions match those of comparable domestic employees and, where legally required, no priority-eligible applicants are available for the advertised position.

A residence permit is generally granted for a limited period and tied to a specific purpose, such as employment, training, family reunification, or humanitarian grounds. Whether secondary employment is permitted follows directly from the ancillary provisions (Nebenbestimmungen) entered in the residence permit (Section 4a (3) AufenthG).

If the residence permit carries the note employment permitted, the holder may generally take up any occupation, including secondary employment. If, however, the permit specifies only a particular activity or a particular employer, secondary employment with a different employer requires separate approval.

Holders of a settlement permit (Niederlassungserlaubnis, Section 9 AufenthG) or an EU long-term residence permit (Daueraufenthalt-EU, Section 9a AufenthG) are entitled to pursue gainful employment without restriction as to time or location. No additional approval for secondary employment is required in these cases.

A particularly relevant group consists of individuals residing in Germany for the purpose of having a foreign professional qualification recognized. The residence permit under Section 16d AufenthG includes the right to pursue employment of up to 20 hours per week alongside the recognition procedure. Depending on the circumstances, the permit is issued for a period of up to 24 months or up to 12 months, with an extension to a total residence period of three years being possible. The table below summarizes the variants:

Under a Federal Employment Agency placement arrangement, such as the Triple Win project for recruiting nursing staff, the residence permit is initially granted for one year and may be extended to up to three years.

A common example involves nursing professionals who enter Germany to have their foreign training recognized. They may take up secondary employment as a nursing assistant, provided the Federal Employment Agency has approved it and the work is closely connected to the profession for which recognition is being sought.

The same logic extends beyond the recognition procedure. An EU Blue Card holder who has not yet completed two years of lawfully insured employment or three years of continuous lawful residence still needs Federal Employment Agency approval before starting a second job, since the general exemption under Section 9 BeschV only applies once one of these thresholds has been met.

Not every occupation, and therefore not every instance of secondary employment, requires approval from the Federal Employment Agency. The table below sets out the key distinction:

Occupations subject to approval are those for which the Federal Employment Agency examines the employment conditions and, where legally required, the availability of priority-eligible applicants as part of a labor market assessment.

The Federal Employment Agency may attach specific conditions to its approval, covering matters such as duration, employer, place of employment, type of activity, the responsible agency district, and working hours. The immigration authority incorporates these conditions as ancillary provisions in the residence permit. Approval may be granted for a period of up to four years.

Anyone wishing to take up secondary employment that exceeds the scope of the residence permit already granted must clarify residence status with the competent immigration authority before starting the activity. A violation of the ancillary provisions of a residence permit can have serious immigration consequences.

A foreign national who works without the required residence permit or approval commits a regulatory offense. The same applies to employers who employ foreign nationals without the required residence permit. Such regulatory offenses can result in a substantial fine (Section 98 AufenthG, Section 404 of the Third Book of the Social Code (SGB III)).

Different rules on labor market access, which can also affect secondary employment, apply to certain groups. These include, among others:

• Individuals with a suspension of deportation (Duldung) or permission to reside pending an asylum decision (Aufenthaltsgestattung): an employment approval, including for secondary employment, may be granted once the individual has resided lawfully in Germany for three months (Section 32 BeschV, Section 61 AsylG). A general employment ban applies to individuals from safe countries of origin (Section 60a (6) sentence 1 No. 3 AufenthG).
• Professional athletes and esports competitors: specific admission rules apply to professional athletes and coaches, as well as individuals who engage in esports on a professional basis, under Section 22 BeschV.
• Nationals of certain third countries: nationals of countries such as Australia, Japan, Canada, the United States, Israel, and the Republic of Korea, among others, may take up employment under more relaxed conditions (Section 26 (1) BeschV).
• Guest workers under bilateral agreements: on the basis of intergovernmental agreements, such as those with Albania or the Russian Federation, individuals may work in Germany for up to 18 months to develop professional skills and language ability (Section 29 (2) BeschV).

Before accepting a second job, it is worth confirming the following with the competent immigration authority or with legal counsel:

• Whether the existing residence permit carries the note employment permitted, or is restricted to a specific employer or activity
• Whether the intended secondary employment falls into an approval-exempt category or requires a separate application to the Federal Employment Agency
• Whether the new employer has verified that the residence permit covers the intended work, since employers carry their own compliance obligations
• Whether any ancillary provisions already attached to the permit would be violated by the new activity

Clarifying these points before starting work is the most reliable way to avoid the regulatory and immigration consequences described above.

Whether and under what conditions secondary employment is permitted alongside an existing residence permit depends entirely on the individual case. The answer depends on the specific residence permit, its ancillary provisions, the nature of the intended activity, and the individual residence status. An incorrect assessment can jeopardize residence status and result in substantial fines.

Whether secondary employment is compatible with an existing residence permit is difficult to determine reliably without precise knowledge of the applicable ancillary provisions and approval procedures under residence law. Our lawyers assist both foreign employees and companies in resolving these questions with legal certainty before an occupation is taken up and before errors arise that could lead to consequences under residence law or result in fines.

Beyond advising on the permissibility of specific instances of secondary employment, our firm supports clients through the amendment and extension of residence permits, represents clients before immigration authorities and the Federal Employment Agency, and advises on related residence law matters, such as a change of purpose of stay, the EU Blue Card, or the path to a settlement permit.