Last checked against the official sources: 29 August 2026
German residence law has no single “work visa” but an entire chapter, whose general conditions sit in § 18 and whose categories follow in the sections after it. Two rules inside it are widely unknown: a skilled worker may take any qualified job, not only one in their own field, and anyone over 45 faces a separate salary rule that has nothing to do with their occupation.
The five conditions of § 18(2)
- 1 — a concrete job offer
- Not an intention and not a search, but a specific offer of employment.
- 2 — consent of the Federal Employment Agency
- Under § 39, unless a statute, an international agreement or the Employment Ordinance provides that the work is permitted without it. Even then, refusal remains possible where § 40(2) or (3) applies.
- 3 — permission to practise
- Where the occupation requires one: granted or promised.
- 4 — recognition of the qualification
- That equivalence has been established, or a recognised foreign degree or one comparable to a German degree exists — where that is a condition for the permit.
- 4a — a declaration of genuineness
- A recent clause: the foreigner and the employer both declare that the employment will actually be carried out.
- 5 — the age-45 rule
- On the first permit under § 18a or § 18b after the applicant turns 45: the salary must be at least 55% of the annual contribution assessment ceiling in the general pension insurance — unless adequate old-age provision is proven.
The rule that changed everything: “any qualified employment”
§§ 18a and 18b are among the shortest provisions in the Act — one sentence each, and a decisive one:
§ 18a: a skilled worker with vocational training “is granted a residence permit for the exercise of any qualified employment“.
§ 18b: a skilled worker with academic training “is granted a residence permit for the exercise of any qualified employment“.
The word “any” is the substance. The job no longer has to match the field of your certificate; it only has to be qualified employment. A recognised engineer may therefore lawfully take a qualified position in another field, provided the remaining conditions of § 18 are met.
And “qualified employment” is not left to discretion: § 2(12b) defines it as employment whose exercise requires skills, knowledge and abilities acquired in a course of study or in qualified vocational training. “Qualified vocational training”, in turn, means under § 2(12a) training in a state-recognised or comparably regulated occupation with a prescribed duration of at least two years.
That figure — two years — is the first filter on any file: shorter training does not create the status of skilled worker.
Condition 4: recognition comes first
Recognition and the visa are often confused, but the statutory order is plain: establishing equivalence is a condition of granting the permit, not a later step.
The text accepts three forms: an equivalence determination by the competent body, a recognised foreign degree, or a foreign degree comparable to a German one. Anyone holding a degree already classified as comparable needs no separate recognition procedure.
And losing your documents does not end the matter: the Professional Qualifications Assessment Act obliges the competent body to establish your skills by other procedures where the papers cannot be produced for reasons you are not responsible for.
Condition 5: a purely age-based rule
This is what most surprises older applicants, and it has nothing to do with occupation or experience.
On the first grant of a permit under § 18a or § 18b after the applicant has completed their 45th year, the provision requires the salary to be at least 55% of the annual contribution assessment ceiling in the general pension insurance.
The way out is written in: “unless the foreigner can furnish proof of adequate old-age provision”. Anyone with a sufficient pension or retirement savings falls outside the rule entirely.
Note three precise limits: the rule applies to the first permit only, to §§ 18a and 18b specifically, and the percentage is taken from a figure that changes every year — so never rely on an amount published in an earlier year.
When the conditions may be waived
The second sentence of paragraph 2 opens an exception: the conditions may be waived where there is a public interest — in particular a regional, economic or labour-market interest — in the employment.
This is not a door individuals knock on lightly, but it explains why apparently incomplete files are accepted in particular regions or sectors. Where the employer sits in a sector with an acute shortage, pointing to this sentence in the file is not pointless.
The opening of § 18 states the philosophy of the whole chapter: the admission of foreign workers follows the requirements of Germany as a business and research location, taking account of labour-market conditions, and aims at securing the skilled-labour base and strengthening the social security systems alongside sustainable integration.
Practical steps
- Start with recognition, not the visa. Equivalence is a condition of the grant, not a later formality, and it is the longest step.
- Check your training duration: at least two years. Below that the skilled-worker status does not arise, whatever your experience.
- Do not restrict your search to your own field. The statute grants “any qualified employment”, which widens your market considerably.
- Ask the employer whether the role needs a licence to practise. A promise suffices, but its absence stops the file.
- Over 45? Calculate the percentage or prepare proof of pension provision. Condition 5 applies automatically on the first permit.
- Prepare the genuineness declaration from both sides. The statute requires it from you and the employer together.
Official sources
§ 18 AufenthG — conditions for a work permit · § 18a — skilled worker with vocational training · § 18b — skilled worker with academic training · § 2 — definitions
Please note: this page is general guidance, not legal advice. Salary thresholds are published annually in the Federal Gazette and change every January, and every application is assessed individually — consult an immigration lawyer or an advice centre before acting.
Frequently asked questions
Must the job be in the field of my qualification?
No. §§ 18a and 18b grant a permit for any qualified employment, and qualified employment is work requiring skills acquired in a course of study or in qualified vocational training.
What is the minimum duration of vocational training?
Two years. Qualified vocational training means training in a state-recognised occupation with a prescribed duration of at least two years.
I am over 45 — what applies to me?
On a first permit under § 18a or § 18b the salary must be at least 55% of the annual contribution assessment ceiling in the general pension insurance, unless you prove adequate old-age provision.
Is Federal Employment Agency consent always needed?
No. Consent is the rule, but it falls away where a statute, an international agreement or the Employment Ordinance permits the work without it — with refusal still possible in the § 40 cases.
Can a missing condition be overlooked?
The conditions may be waived where there is a public interest in the employment, in particular a regional, economic or labour-market interest.