Which skilled or highly qualified foreign workers are permitted to enter Germany from countries outside of the European Union?

type: Frequently asked

Skilled or highly qualified foreign workers as referred to in Council Recommendation (EU 2020/912) of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction are

  • skilled workers who have a concrete job offer as defined by law (sections 18 (3), 18a, 18b of the Residence Act (Aufenthaltsgesetz)) for which proof is given in the form of certification of employment;
  • researchers/scientists (sections 18d, 18e, and 18f and section 19c (1) of the Residence Act in conjunction with section 5 of the Ordinance on the Employment of Foreigners (Beschäftigungsverordnung));
  • persons transferred (in accordance with section 19c (1) of the Residence Act in conjunction with section 10 of the Ordinance on the Employment of Foreigners) and ICT Card holders (sections 19, 19b of the Residence Act);
  • managers and company specialists (section 19c (1) of the Residence Act in conjunction with section 3 of the Ordinance on the Employment of Foreigners);
  • professional athletes and professional eAthletes taking part in competitions or international sport events or playing in German clubs (section 19c (1) of the Residence Act in conjunction with section 22 no. 1, no. 4, or no. 5, or section 23 no. 2 of the Ordinance on the Employment of Foreigners) as well as referees (section 22 no. 1 and section 23 of the Ordinance on the Employment of Foreigners);
  • IT specialists (section 19c (2) Residence Act in conjunction with section 6 of the Ordinance on the Employment of Foreigners);
  • Persons employed in positions of significant public interest (section 19c (3) of the Residence Act);
  • qualified contract workers (section 19c (1) in conjunction with section 29 (1) of the Ordinance on the Employment of Foreigners);
  • specialists who meet the conditions specified in section 19 (1) or (2) of the Ordinance on the Employment of Foreigners;
  • self-employed persons (section 21 of the Residence Act).

Skilled and highly qualified workers may enter Germany only if they prove their obligation to be present in Germany (e.g. by presenting a job contract) and provide evidence to substantiate that their employment in Germany is necessary from an economic perspective and the work cannot be postponed or performed abroad (by providing documentation from their employer/contracting authority). The economic necessity relates to the economic relationships and/or the economy of Germany or the single market. Relevant documentation is to be submitted during the visa procedure (if a visa is required), carried during travel and presented during border checks if requested.

For foreign skilled and highly qualified workers who (i) may enter Germany for a long-term stay without requiring a visa in accordance with section 41 (1) of the Ordinance Governing Residence but who (ii) are not nationals of a country that is on the positive list, the following applies: to facilitate entry, persons who do not apply to the German diplomatic representation abroad for a visa to take up their employment immediately and instead acquire their residence permit after entering Germany may ask the German diplomatic representation responsible for their place of usual residence for certification of their eligibility for and of the urgency of their entry, based on the provision of documentation from their employer. The documentation from the employer must contain a job description. For researchers/scientists, economic necessity is usually assumed if the research will be conducted at a recognised research organisation. Please refer to the website of the Federal Foreign Office to find the German diplomatic mission abroad responsible for your place of residence.

Self-employed and dependently employed business travellers who carry out activities referred to in section 30 no. 1 in conjunction with section 16 no. 2 of the Ordinance on the Employment of Foreigners or in section 30 no. 1 in conjunction with section 3 no. 1 and no. 2 of the Ordinance on the Employment of Foreigners may enter Germany under this category of exemption if they meet all of the criteria for doing so. This is conditional, however, on the requirement to substantiate sufficiently (e.g. by presenting documentation from the employer or business partner in Germany) that entry is absolutely necessary even under the circumstance of a pandemic. A declaration of the absolute necessity of business travel signed by the employer or business partner in Germany can be used to provide sufficient evidence. This document is to be carried during travel and presented in checks by the air carrier or by border police officers. (Please note that it cannot be sent in advance). A declaration by an employer or business partner in the country from which the traveller is being posted (non-EU country) is not sufficient on its own.

It is also possible for business travellers to enter Germany to visit trade fairs. The following documents are necessary to provide sufficient evidence that entry is absolutely necessary:

  • for trade fair exhibitors: confirmation of participation from the trade fair organiser
  • for trade fair visitors: a ticket for entry to the trade fair and confirmation from at least one exhibitor that the visitor has an appointment for a business meeting at the trade fair.

As a general rule, it is possible for business travellers to enter Germany to speak at or take part in conventions. They are required to present the following documents to provide sufficient evidence that entry is absolutely necessary:

  • documents providing evidence that their presence is absolutely necessary even taking the pandemic into account and that satisfactory participation online is not possible; and
  • confirmation of registration or another similar document showing that the traveller will actively take part in the convention

Regardless of the criteria stated above, the decision on whether to permit entry is at the discretion of the officers conducting border checks.

Travelers must also observe the requirements of the coronavirus entry regulation.