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Work permit & residence permit: definition

Work permit and Residence permit decide whether a foreign worker may be employed lawfully. This entry explains the terms, who is responsible and the risks of expiring permits.

Key facts
  • The interplay of a residence permit and the work permit it contains.
  • In principle not required for nationals of the EU/EEA.
  • The scope of employment permitted follows from the particular permit.
  • Expiring permits are a common compliance risk during an assignment.

Definition and classification

Work permit and Residence permit are the official authorizations a foreign national needs in order to live and work lawfully in Germany. The residence permit allows the stay; whether and to what extent they may work follows from the work permit it contains.

Nationals of the EU and the EEA enjoy freedom of movement for workers – they need no separate permit. For third-country nationals, by contrast, employment depends on the particular permit and its conditions.

What should client companies watch for?

What matters is not only whether a permit exists, but whether it covers the specific activity and scope and is still valid. On longer assignments in particular, permits expire during the employment – without an early warning that often only comes to light in an inspection. A VMS with deadline monitoring reports expiring documents automatically, so that the assignment stays lawful throughout.

Frequently asked questions

Do EU citizens need a work permit in Germany?

No. Nationals of the EU and the EEA enjoy freedom of movement for workers; no separate work permit is required.

What happens if the residence permit expires during the assignment?

The employment becomes unlawful from the moment it expires. Fines follow; the assignment has to be suspended until a valid extension is in place.

Who has to check the work permit in staff leasing?

Primarily the employer, that is the staffing provider. The client company should nonetheless check its validity as part of its own compliance.

Related terms

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