Guide · Germany · Employing non-EU staff

Employee residence permits in Germany: what employers must check, keep and watch.

Anyone employing a non-EU national in Germany must check that the residence title allows the work, keep a copy for the whole employment and report certain early terminations within four weeks. When a permit nears its end, the renewal application must reach the immigration office before expiry - and appointments there are often weeks away.

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Last updated 25 October 2026 · ExpiryEdge editorial team

Quick answer

German employers may only employ non-EU nationals whose residence title allows the work. They must check this, keep a copy of the title for the whole employment and, for titles granted for a specific employment, notify the immigration office within four weeks if the job ends early (§ 4a (5) AufenthG). Employing someone without permission can be fined up to €500,000.

The rules at a glance

Employer duties for residence permits in Germany

What the Residence Act and the Social Code III require of employers.

Employer duties for residence permits in Germany
Topic	Rule	Basis
Permission to work	Employment only with a residence title that allows it and no prohibition or restriction	§ 4a (5) s. 1 AufenthG
Check	Employer must check whether the conditions are met	§ 4a (5) s. 3 no. 1 AufenthG
Copy	Keep a copy of the title or permit for the duration of employment, electronically or on paper	§ 4a (5) s. 3 no. 2 AufenthG
Early end of employment	Notify the immigration office within 4 weeks if employment for which the title was granted ends early	§ 4a (5) s. 3 no. 3 AufenthG
Renewal applied for before expiry	The existing title continues until the decision; a Fiktionsbescheinigung is issued	§ 81 (4), (5) AufenthG
Fine: employment without permission	Up to €500,000	§ 404 (2) no. 3, (3) SGB III
Fine: missing 4-week notice	Up to €30,000	§ 98 (2a) no. 2, (5) AufenthG

EU, EEA and Swiss nationals do not need a residence title to work in Germany. A title granted for a specific employment may restrict a change of job; check the conditions on the title. Summary as of October 2026, not legal advice.

Sources

Common questions, answered

What employers ask about residence permits

The residence permit has expired - what does the employer do?

First ask whether the employee applied for renewal before the expiry date. If so, the old title continues by law until the decision, and the immigration office issues a Fiktionsbescheinigung (§ 81 (4), (5) AufenthG); take a copy and check what it says about employment. If no application was made in time, the person may not be employed until permission exists. Whether and how the employment relationship can end is an employment-law question - take legal advice.

How far ahead should renewal start?

Earlier than the date suggests. Immigration offices in many cities have long waiting times for appointments. A first reminder around four months before expiry, and a check at two months that the application has been filed, leaves time for both. This is our suggestion, not a legal deadline.

The legally decisive date is the day the application reaches the authority - not the day of the appointment.

What about a change of employer?

A title granted for a specific employment can restrict other work; changing a restriction needs permission (§ 4a (3) AufenthG). Before a non-EU employee starts, check the conditions on the title and, where needed, the immigration office's permission for the new job.

Does this also apply to subcontractors?

Yes, in part. A business that has services carried out on a significant scale by a contractor who it knows, or negligently does not know, employs foreign workers without permission can itself be fined up to €500,000 (§ 404 (1) SGB III).

Example

Renewal timeline and the permit register

Reminders well before expiry, proof of the application, the Fiktionsbescheinigung and the new copy - per employee.

Residence permit renewal timeline with reminders 120 and 60 days before expiry, the Fiktionsbescheinigung after an application before expiry, the new permit, and a register of employees with document, employment permission, validity and status — Illustrative example. Reminder offsets are a suggestion. Not legal advice.

How it works

How to manage employee residence permits

Check before the first working day

Confirm the title allows this employment and note any conditions or restrictions.

Keep a copy for the whole employment

Store the copy securely with the expiry date and restrict access.

Remind the employee months ahead

Start around four months before expiry so an appointment can be booked in time.

Collect proof of the application and the new title

Ask for the application confirmation or Fiktionsbescheinigung, then the new title, and replace the copy.

Report an early end within 4 weeks

Where the title was granted for this employment, notify the immigration office if the job ends early.

Tracking it in ExpiryEdge

Every permit, every renewal, every copy

One record per employee

Expiry dates with a long lead time

Each residence title is a record with type, conditions and expiry date. The employee and HR are reminded at the offsets you choose - for example 120, 60, 30 and 7 days - by email, SMS or WhatsApp, and HR sees every permit expiring in the next quarter on one screen.

Lead time configurable per record

Reminders to employee and HR

Escalation if no proof of application

ExpiryEdge multi-channel reminder settings for a residence permit record

Copies without chasing

Application proof and new title by upload link

Send the employee a link to upload the application confirmation, the Fiktionsbescheinigung and later the new title - no account needed. The copy is stored on the record with a timestamp and role-based access, so you can show you checked and kept it.

No-login upload link

Reject an unreadable copy and ask again

Timestamped audit trail

ExpiryEdge review screen for an uploaded document with approve and reject controls

Frequently asked questions

Check that the residence title allows the employment, keep a copy for the whole employment and, for titles granted for a specific employment, notify the immigration office within four weeks if the job ends early (§ 4a (5) AufenthG).

If the renewal was applied for before expiry, the old title continues by law until the decision and a Fiktionsbescheinigung is issued (§ 81 (4), (5) AufenthG). If no application was made in time, the person may not be employed until permission exists. Take legal advice on the employment relationship.

For the duration of the employment, electronically or on paper (§ 4a (5) s. 3 no. 2 AufenthG).

Up to €500,000 for employing a foreign national without the required permission (§ 404 (2) no. 3, (3) SGB III). Failing to report an early end of employment within four weeks can be fined up to €30,000 (§ 98 (2a), (5) AufenthG).

No. EU, EEA and Swiss nationals have free access to the German labour market and do not need a residence title to work.

Hold each title as a record with its expiry date, remind the employee and HR months ahead, and collect the application proof and new title by link. ExpiryEdge does this with configurable reminders, upload links and an audit trail.

Temporary staffing compliance

HR compliance for workforce documents

Document collection by upload link

Occupational health checks (ArbMedVV)

Safety instruction (Unterweisung) in Germany

Employee work visa expired: what now?

Never discover an expired permit on payday

Import employees and permit dates, set long lead times, collect new copies by link. Free 14-day trial, no credit card.