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 by the foreign ministry of the sending State in an individual case.

If a bilateral agreement exists, the terms of that agreement apply. In each case, a work permit is required in advance, which is obtained by the Federal Foreign Office (Division PROT14) from the Federal Employment Agency (for dependent employment, including vocational training and internships) or reviewed and confirmed by the Federal Foreign Office (for self-employment and remote working for a company based abroad).

Applications for work permits should be made by Note Verbale via the Federal Foreign Office (Division Prot14) prior to commencing employment. Where no bilateral agreement is in place, the Note Verbale must contain an assurance from the foreign ministry of the sending State of full reciprocity for a similar specific case and of the maintenance of immunity from criminal jurisdiction. Confirmation from the foreign mission alone is not sufficient.

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)
• declaration of employment form (Erklärung zum Beschäftigungsverhältnis), completed and signed by the future employer

As soon as the work permit has been issued by the Federal Employment Agency or reviewed by the Federal Foreign Office, the Federal Foreign Office will inform the embassy accordingly and will request the return of the family member’s protocol card so that it can be re-issued.

Please note: On taking up gainful employment, the family member loses all privileges and exemptions in this area (only). If gainful employment is taken up in another location and residence is established outside of the joint household with the diplomat, the family member’s protocol card must be returned and an application for a work permit / residence title must be made to the competent foreigners authority, as the joint household no longer exists.

Diplomatic missions:

With regard to 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:

With regard to gainful employment, the exemption from social security provisions referred to in Article 48 of the VCCR and the exemption from the dues and taxes in relation to gainful employment referred to in Article 49 I (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.

The protocol cards of family members of employees of the diplomatic missions (embassies) must be returned to the Federal Foreign Office also in this case 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 gainful 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, as a rule, not possible to take up full employment with the corresponding salary.

Where their income from employment is sufficient to support themselves (income exceeding 1500 euro), children 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.