Temporary employment within the framework of the EU Blue Card
Everything you need to know about temporary employment under the EU Blue Card
The hiring out of employees between companies, known as temporary work, is inherently an area in which mistakes can easily be made. However, the rules are particularly strict when workers are to be hired out from abroad. Failure to comply with the legal requirements often results in particularly severe penalties, especially with regard to foreign employees. We explain what companies need to bear in mind when hiring out foreign workers and why the EU Blue Card is the best residence permit for temporary workers.
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Shahroch Taleqani
Overview
Table of contents
The essentials
- What for?
To record careers and integration into German society - What must the CV contain?
Personal data, educational and professional background, other relevant knowledge and skills - Especially for naturalization:
Integration and language courses, club involvement, volunteer work - Writing a CV:
Observe the correct structure, provide complete and correct information, adhere to formalities
General information on temporary employment
In principle, employers who wish to assign one of their employees to another company by way of temporary work require a permit from the Federal Employment Agency. This is stated in Section 1 (1) of the Temporary Employment Act (AÜG). But when exactly does a temporary employment actually exist? The AÜG sets out two criteria for this: The employee must be integrated into the hirer's work organization and must be subject to the instructions of the hirer.
However, there is an exception to the principle of requiring a permit: for employers with fewer than 50 employees, written notification of the temporary employment agency is sufficient, provided that the temporary work is carried out to avoid short-time work or redundancies and for a maximum of one year.
If a temporary worker is hired out without the required permit, this leads to the invalidity of the contract between the lending company and the user company, which regulates the assignment, in accordance with Section 9 (1) No. 1 AÜG. In addition, the employment contract between the temporary worker and his original employer, the hirer, regularly becomes invalid unless the employee decides within one month to continue this original contract. If he does not do so, an employment contract between the temporary worker and the company to which he was (unlawfully) lent takes its place by operation of law. This new employment contract applies retroactively to the entire temporary employment relationship, which means that the hirer can now also be held liable for any salary payments.
In addition, a fine of up to EUR 30,000 can be imposed on both the hirer and the borrower if they provide each other with an employee and deploy them without having obtained the necessary permission from the Federal Employment Agency.
Special features of the transfer of foreigners
So much for the generally applicable legal provisions. But how does the legal situation change when companies want to hire foreigners?
First of all, it should be noted that foreigners may only be employed in accordance with Section 4a of the Residence Act (AufenthG) if they are permitted to work by the state. This is generally the case if they are in possession of a valid residence permit that is not subject to a work ban, or if they do not have a residence permit but do have a work permit, for example as a seasonal worker. Employers have a legal obligation to check whether foreigners are permitted to work (you can find out more about employers' general obligations when employing foreigners here).
However, foreigners who wish to apply for a residence permit for the purpose of employment regularly also require the approval of the Federal Employment Agency. According to § 40 Para. 1 No. 2 AufenthG, however, this approval must be refused by the employment agency if the foreigner wishes to work as a temporary worker. It would therefore initially appear that the Residence Act does not provide for companies to employ foreigners as temporary workers.
Foreigners with an EU Blue Card
However, this is where the advantages of the EU Blue Card come into play: If the job offered to the foreign national is remunerated with a gross annual salary of at least 48,300 euros (as of 2025), no approval from the employment agency is required at all for an EU Blue Card to be issued. The temporary employment regulation in Section 40 para. 1 no. 2 AufenthG therefore does not apply in these cases from the outset and the foreigner's employer is free to hire the foreigner out to other companies.
Foreigners with other titles
Even apart from the so-called "big" Blue Card with an annual salary of at least 48,300 euros, there are certain constellations in which foreigners are permitted to work as temporary workers. For example, Section 9 (1) of the Employment Ordinance (BeschV) stipulates that the requirement for approval from the employment agency does not apply to foreigners who are in possession of a valid residence permit and have already been legally employed for two years in an occupation subject to compulsory insurance. Alternatively, foreigners who currently have a residence permit and have been in Germany for three years without significant interruptions on a permitted, tolerated or temporary basis are also exempt from the permit requirement. They can therefore also be hired out to other companies by their employer. The same applies in accordance with § 32 Para. 2 No. 5 Employment Ordinance to foreigners who have been in Germany for four years with permission, toleration or authorization, regardless of whether and for how long they have worked during this time and even if they do not have a residence permit. Foreign skilled workers who are in possession of a settlement permit for skilled workers in accordance with Section 18c AufenthG can also be deployed as temporary workers. The requirement for approval from the Federal Employment Agency does not apply to them either.
Foreigners who do not have a residence or settlement permit but are in possession of a tolerated stay permit can also be used as temporary workers under certain circumstances. This is because if they have been in Germany for three months with permission, toleration or a residence permit, temporary work does not constitute a reason for the Federal Employment Agency to refuse to approve a work permit in accordance with Section 32 (1) Employment Ordinance.
Activity-specific exceptions
In addition, further exceptions to the requirement for approval from the employment agency apply specifically to employees in certain special fields of activity. For example, researchers who have a residence permit in accordance with § 18d or § 18f AufenthG can work as temporary workers. The same applies to other academic staff at universities and research institutes in accordance with Section 5 BeschV.
Exceptions also apply to crew members of ships and airplanes in accordance with § 24 BeschV, as well as to workers who construct wind farms off the German coast(§ 24b BeschV). Furthermore, professional athletes or trainers who are employed in German clubs, as well as photo models, advertising models, mannequins and dressmen can also be hired out as temporary workers, as they do not require the approval of the employment agency for their residence permits in accordance with § 22 BeschV.
Conclusion
Within certain limits, it is therefore possible to assign foreigners to other employers as temporary workers. However, these limits are very narrow and the exceptions only apply to a few occupational groups. Moreover, most of them only apply to foreigners who have been in Germany for a long time. If, on the other hand, companies want to recruit employees directly from abroad and deploy them in their German companies as temporary workers, the so-called "large" EU Blue Card is the best and usually only option.
Consequences of legal violations in temporary work
Violations of the aforementioned legal regulations on temporary employment can result in severe penalties for both the temporary employment agency and the hirer. However, these can all be avoided if you make sure that the foreign employee to be hired out is in possession of a residence permit, or at best an EU Blue Card.
Consequences for the lender
Any hirer who hires out a foreigner who is neither in possession of a residence permit allowing employment nor any other work permit to another employer by way of temporary employment is liable to prosecution if the required hiring-out permit has not been obtained from the employment agency beforehand. According to Section 15 (1) AÜG, the penalty is up to three years imprisonment or a fine, and in particularly serious cases, such as commercial use, even up to five years imprisonment.
Consequences for the borrower
The hirer can also be subject to considerable penalties: If he allows a foreigner who has neither the required residence permit nor any other work permit to work for him, a fine of up to 500,000 euros can be imposed on him. This also applies if the employer is not accused of intent but merely of negligence.
If the hirer persistently repeats this violation, he is even liable to prosecution and can be punished with a prison sentence of up to one year or a fine. The same penalty can be imposed on a hirer who allows more than five foreigners who are not permitted to work in his company at the same time. If he acts out of gross self-interest, the penalty is even extended to up to three years in prison.
In addition, hirers can be prosecuted if they employ a foreign temporary worker in their company without the required residence permit or other employment authorization whose working conditions are strikingly disproportionate to those of German temporary workers. This can result in a prison sentenceof up to three years or a corresponding fine; in particularly serious cases, i.e. if the hirer is grossly self-interested or if the offense is committed on a commercial basis, even up to five years imprisonment is possible.
How our lawyers can help you
Are you an entrepreneur who would like to lease or hire out foreign employees, but have been put off by the possible consequences of incorrect leasing or employment? Our advice is: temporary employment and agency work are still excellent solutions for companies, even in the case of foreign employees and especially in times of a shortage of skilled workers.
As a full-service law firm , we support you throughout the entire process with the combined expertise of our lawyers in the fields of employment law and migration law. Regardless of whether you want to bring staff from abroad to Germany or whether you want to employ foreign temporary workers in your company - we will advise you throughout the entire process and ensure that the entire procedure runs smoothly. We will also be happy to apply for the EU Blue Card for your future employees and thus ensure that you do not have to worry about any unpleasant legal consequences.
FAQ on the EU Blue Card
Can I apply for a permanent residence permit with an EU Blue Card?
Yes, you can! With a Blue Card, it is even easier for you to obtain a settlement permit, which allows you to stay in Germany permanently for an unlimited period of time, than for holders of other residence permits. This is because, in most cases, you must have been in Germany for at least five years in order to be granted a permanent residence permit, with a residence period of at least three years applying to skilled workers. However, if you have an EU Blue Card, you can obtain a permanent residence permit with basic German language skills at level A1 after just 27 months. If you have German language skills at level B1, this period of residence is reduced by a further six months to just 21 months. There is no faster way to obtain permanent residence under German law.
If you are granted a permanent residence permit as a Blue Card holder, this offers advantages not only for you, but also advantages for your spouse. This is because, in accordance with § Section 9 (3a) of the Residence Act (AufenthG) they can apply for a settlement permit themselvesafter just three years of residence. However, the prerequisite for this is that your spouse works at least 20 hours per week.
In order to be granted a permanent residence permit, you must also meet a number of other requirements. You can find out what these are on our main page on permanent residence.
Will I lose my EU Blue Card if I stay abroad for a longer period of time?
1. extended period of stay abroad for holders of the EU Blue Card:
- Normally, a residence permit expires in accordance with Section 51 (1) no. 7 AufenthG if the holder has been abroad for more than six months without interruption.
- However, an extended period of up to twelve months applies to EU Blue Card holders and their family members (Section 51 (10) AufenthG). This means that they can stay abroad for up to one year without their residence permit expiring.
2. application to settlement permits pursuant to Section 18c (2) AufenthG:
- The twelve-month period also applies to foreigners who have received a settlement permit pursuant to 18c (2) AufenthG.
- It is therefore important that the correct legal basis is entered in the electronic residence permit when the settlement permit is issued.
3. principles for stays abroad:
- Since Section 51 (10) AufenthG only extends the time limit, the previous rules from Section 51 (1) (7) AufenthG apply accordingly, but with the proviso that the time limit is 12 months instead of 6 months.
- According to the Federal Administrative Court (judgment of 11.12.2012, BVerwG 1 C 15/11), stays abroad are harmless if they are limited in time and do not result in a significant change in living conditions in Germany.
- It is important that the absence is uninterrupted Several shorter stays abroad are not added together and do not lead to the expiry of the residence permit as long as the 12-month period is not exceeded.
4. abuse through repeated short entries:
- However, if there are several trips abroad and the reasons for the absence are not only temporary, the right of residence may expire in accordance with 51 (1) no. 6 AufenthG.
- The practice of entering Germany only briefly shortly before the 12 months expire in order to obtain the residence title does not prevent the title from expiring.
5. extension to 24 months for certain persons:
- For holders of an EU permanent residence permit who previously had an EU Blue Card and their family members, the period is extended to 24 months (Section 51 (9) no. 3 AufenthG).
To summarize:
- EU Blue Card holders and their family members can stay abroad for up to 12 months without their residence permit expiring.
- Several short stays abroad are not added together and do not lead to the loss of the title, provided the trips are temporary and the center of life remains in Germany.
- Abuse through regular short entries in order to circumvent the time limit is not permitted and can lead to the expiry of the residence permit.
- The period is extended to 24 months for certain persons with EU permanent residence.
Important:
These regulations are intended to ensure that holders of the EU Blue Card and comparable titles have their center of life in Germany and do not permanently move it abroad without their residence title expiring. Every situation is unique, so we are happy to help you with an individual legal assessment.
Do I need prior approval from the Federal Employment Agency for my EU Blue Card?
If the job offer you have received only meets the lower salary threshold for shortage occupations and young professionals, you must first obtain approval for your EU Blue Card from the Federal Employment Agency. No approval is required for all employees whose salary is also above the general (higher) salary threshold, even if they work in a shortage occupation or are career starters. Here you can find the salary limits for the Blue Card for 2025.
What is the minimum salary for obtaining an EU Blue Card?
There are two minimum salary thresholds for the EU Blue Card that must be met in order to obtain an EU Blue Card. The basic salary limit for 2025 is an annual gross salary of 48,300 euros. For so-called shortage occupations, the lower salary limit in 2025 is 43,759.80 euros. Find out more about minimum salary limits here.
Can I travel within the EU with an EU Blue Card?
Yes, holders of an EU Blue Card are permitted to travel to other Schengen states within the EU for tourism purposes without a visa. For up to 90 days within a 180-day period, you may even use your Blue Card to carry out business activities in other EU countries, provided these activities are related to the job for which you received the Blue Card. This allows you to take part in business meetings, negotiations or training courses in other EU countries, among other things. If the EU member state to which you wish to travel for this purpose is not part of the Schengen area, you may have to provide further proof in order to be allowed entry. We therefore recommend that you always contact the relevant authorities in the destination country to find out about the rules that apply there.
After you have stayed in Germany for one year with your EU Blue Card, you can leave the country at any time to obtain a Blue Card and work in another EU member state. After entering this other EU country, you must submit an application for a Blue Card to the immigration authorities there as soon as possible, at the latest within one month. In order to obtain this, you must meet the requirements of this country for the issue of an EU Blue Card, but this should not usually be a problem as you have already met the requirements for the issue of a Blue Card in Germany.
What counts towards the gross salary for the salary threshold for an EU Blue Card?
In principle, certain additional payments can be included in the gross basic salary. These payments count towards the minimum salary if the supplements are firmly agreed in the employment contract and are not dependent on certain conditions being met. Not every salary component is clear from the outset and requires individual examination in case of doubt.
Can I change jobs with an EU Blue Card?
Yes, with the EU Blue Card, changing jobs is easier than with almost any other residence permit for gainful employment. If you have a Blue Card and change your job, you do not even need permission from the immigration authorities. According to § Section 82 (1) sentence 6 AufenthG you only have the obligation to inform the immigration authority about your change. To comply with this obligation, it is best to send the authority the notice of termination from your old job, the employment contract for your new job, including a detailed job description, and a declaration of employment completed by your new employer. The obligation to notify applies only within the first yearin which you are employed with your EU Blue Card. After that, you are no longer obliged to notify a change of job. A change in your place of work does not cause the year does not start anew.
Within the first year of your employment with the EU Blue Card, the immigration authority can suspend your planned job change and reject it within 30 days of the suspensionif the new job does not fulfill all requirements of the Blue Card requirements. In this case, instead of the Blue Card, you may be issued a another residence permit for example a residence permit for skilled workers with an academic education in accordance with § 18b AufenthG.
At the end of the first year rejection of your change of employment by the foreigners authority is no longer possible - even if your new job does not meet all the requirements, for example because your new salary is below the salary threshold is below the salary threshold. Your Blue Card will still be valid for the entire period for which it was originally issued. However, an extension beyond this period could be problematic.
What happens if I lose my job as an EU Blue Card holder? (Termination of the employment relationship)
Your employer gives you notice or you have to leave your job for other reasons and you can't find a new job straight away - what now? In the event that you are dismissed by your employer, you have three months to find a new job. If you are unable to do so, there is a risk that your Blue Card will be revoked and you will have to leave Germany again.
In principle, the EU Blue Card is only issued for the purpose of employment. This means that if you lose your job, the basis for your Blue Card also disappears. However, the EU Directive on the EU Blue Card stipulates in Art. 8 Para. 5 that temporary unemployment does not lead directly to the loss of the Blue Card. A total of up to three months of unemployment is irrelevant. If you have already held your Blue Card for at least two years, then even up to six months of temporary unemployment are harmless. However, if you are unable to find a new job during this time, your Blue Card may be revoked. In this case, however, you may be able to obtain a residence permit to look for a job instead. instead.
If you have found a new job, you must comply with the rules on changing jobs with the EU Blue Card, which we have summarized summarized for you here have summarized for you here.
A termination or change of employment also entails certain obligations for employers vis-à-vis the local immigration authority. For example, employers are obliged to inform the foreigners authority within four weeks of the premature termination of the employment relationship if the residence permit for this employment has been issued. Violations of the notification obligation can be punished with a fine of up to 30,000 euros .
From an employment law perspective, you may be able to claim severance pay from your employer as a result of your dismissal. Find out more about severance pay following dismissal here.
What is the period of validity of an EU Blue Card?
The EU Blue Card is usually issued for four years, unless the employment contract is shorter than four years. In this case, the EU Blue Card is valid for the duration of the employment contract plus three months, but never longer than four years. The EU Blue Card can be extended before it expires, provided you still meet all the requirements for an EU Blue Card.