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1.4.2 Employment of family members

15.04.2025 - Article

Basic information

Family members of diplomats may be permitted to take up gainful employment if reciprocity is ensured on the basis of an agreement or if permission is granted in an individual case.

If a bilateral agreement exists, the terms of that agreement apply. The agreed procedures described in the agreement should be followed.

In each case, a work permit is required before the family member can take up employment. The Federal Foreign Office (specifically Division 703) will forward applications for work permits to the Federal Employment Agency. The same applies in the case of vocational training and internships.

Applications for work permits should be made by Note Verbale via the Federal Foreign Office (Division 703) prior to commencing employment. Where no bilateral agreement is in place, the Note Verbale must contain an assurance of full reciprocity for a similar specific case.

Please submit the following documents:

  • a copy of the applicant’s protocol card

  • a contract of employment, provisional contract of employment or job description that specifies the conditions and place of work (in German).

  • the form Erklärung des Beschäftigungsverhältnisses filled out and signed by the future employer

As soon as the work permit has been issued by the Federal Employment Agency, the Federal Foreign Office will inform the mission and will request the return of the family member’s protocol card. On taking up gainful employment, the family member loses all privileges and immunities in this area (only).

Diplomatic missions:

In the case of gainful employment, immunity from civil and administrative jurisdiction is lost, while immunity from criminal jurisdiction continues to apply in full. Furthermore, the exemption from social security provisions referred to in Article 33 of the VCDR and the exemption from the dues and taxes in relation to gainful employment referred to in Article 34 (d) of the VCDR cease to apply.

The applicant’s protocol card along with the application form (Annex PA2 to the Protocol Directives + a copy of their passport) must be returned to the Federal Foreign Office once a work permit has been issued so that the protocol card can be re-issued, taking into account the gainful employment (D “A” or VB-“A”).

Career consular posts:

In the case of gainful employment, the exemption from social security provisions referred to in Article 48 of the VCCR and the exemption from the dues and taxes with regard to gainful employment referred to in Article 49 (1) (d) of the VCCR cease to apply.

Due to the already limited privileges and immunities enjoyed by those connected to a career consular post, it is not necessary to issue new protocol cards.

Please also note the following specific cases:

Family members of nationals of an EU state

Family members of EU citizens are entitled to take up gainful employment in Germany pursuant to Article 23 of the EU Directive on freedom of movement, irrespective of their own nationality. This also applies to family members of nationals of European Economic Area (EEA) member states. However, given that taking up gainful employment affects the family member’s privileges and immunities, the Federal Foreign Office must be notified in every case.

Here, too, the protocol cards of family members of members of the diplomatic missions (embassies) must be returned to the Federal Foreign Office so that they can be re-issued, taking into account the gainful employment (D “A” or VB-“A”).

Children of members of diplomatic missions and career consular posts

Children of members of diplomatic missions and career consular posts also require a work permit in order to take up employment in Germany. In order to retain privileged status, however, the child must remain financially dependent on the member of the mission. In other words, it will generally not be possible to take up full employment with the corresponding salary.

Where the income from employment is sufficient (income of max. €1400) for family members to support themselves, they can no longer be regarded as family members within the meaning of the VCDR/VCCR and are subject to the generally applicable provisions of foreigners law.

Children of diplomats or career consular officers also require approval to engage in practical vocational training in Germany.

Remote Working and Self-Employment

For information regarding self-employment or the remote-working model, please contact Division 703 at the Federal Foreign Office at 703-S2@diplo.de

Annexes

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