Germany Offshore Wind Immigration Rules for Third‑country Workers

Germany’s aggressive offshore wind expansion is creating an unprecedented demand for specialist engineers, turbine technicians and cable‑laying crews, and a significant share of that talent pool holds third‑country nationality. Understanding the Germany offshore wind immigration rules for third‑country workers is now a front‑line compliance priority for every project developer, EPC contractor and staffing agency operating in the North Sea and Baltic Sea. The legal answer to the deceptively simple question “does my worker need a German work permit? ” depends on the precise maritime zone in which the work takes place, the duration of the assignment, and the contractual structure underpinning it.

At Schlun & Elseven Rechtsanwälte, we advise employers daily on navigating the interplay between the Offshore Wind Energy Act (WindSeeG), the Residence Act (AufenthG) §19c, and the Employment Regulation (BeschV) §24b, a framework that, when misunderstood, can expose companies to enforcement action, Schengen‑day violations and costly project delays.

Key Takeaways, At a Glance

• Zone matters most. Work inside Germany’s territorial sea (baseline to 12 nautical miles) is subject to German immigration law. Work in the Exclusive Economic Zone (EEZ, beyond 12 nm) may fall outside the scope of the Residence Act, but Schengen entry/exit rules still apply whenever workers transit through German territory.
• Up to 24 months without BA approval. Under Residence Act §19c read together with BeschV §24b, certain offshore activities on wind turbines and connection lines within the territorial sea can be performed by third‑country nationals for up to 24 months without prior approval from the Federal Employment Agency (Bundesagentur für Arbeit).
• Short assignments have limits. Activities lasting up to 90 days may qualify as non‑employment under specific conditions, but Schengen short‑stay day counting applies and must be tracked meticulously.
• Documentation is your defence. Employers must maintain voyage logbooks, zone‑coordinate records, crew rotation manifests and Schengen‑day trackers to demonstrate compliance in the event of an audit or inspection.
• Plan early. If you are planning deployments, secure zone coordinates, verify visa and residence‑title requirements, run a Schengen‑day forecast and seek specialist immigration advice at least 60–90 days before mobilisation.

Legal Framework, WindSeeG, WindSeeV, Residence Act and BeschV

Four interlocking legal instruments govern how third‑country nationals may lawfully work on German offshore wind projects. Each serves a distinct function, and employers need to understand all four to build a compliant deployment plan.

WindSeeG and WindSeeV, Scope and Application

The Offshore Wind Energy Act (Windenergie‑auf‑See‑Gesetz, WindSeeG), administered by the Federal Ministry for Economic Affairs and Climate Action (BMWK), establishes the regulatory regime for planning, tendering and constructing offshore wind energy installations in Germany’s EEZ and territorial sea. It is supplemented by the Third Ordinance on Implementation (WindSeeV), which is administered by the Federal Maritime and Hydrographic Agency (BSH) and governs site investigation, construction permits and technical safety standards. While neither WindSeeG nor WindSeeV directly regulates immigration, they define the geographic and functional scope of offshore activities, and that scope determines which immigration rules apply.

Residence Act (AufenthG) §19c, Purpose and Offshore Application

Section 19c of the Residence Act is the primary gateway through which third‑country nationals obtain residence titles for employment in Germany that falls outside the standard skilled‑worker pathway. It operates as a bridge provision, permitting stays where a corresponding regulation in the BeschV authorises the employment without requiring a separate labour‑market test. For offshore wind projects within the territorial sea, §19c provides the residence‑title basis when combined with the sector‑specific derogation in BeschV §24b.

Employment Regulation (BeschV) §24b, The 24‑Month Derogation

BeschV §24b is the provision that matters most in practice. It permits third‑country nationals to work on the construction, maintenance and operation of offshore wind turbines and their grid‑connection infrastructure within the territorial sea for a period of up to 24 months, without requiring prior approval from the Federal Employment Agency (BA). This removes the single most time‑consuming step in the standard work‑permit process and reflects the legislator’s recognition that Germany cannot meet its offshore wind targets without rapid access to international specialist labour. The derogation is, however, tightly scoped: it applies to defined activities, within a defined zone, for a defined period.

Maritime Zones Explained, Baseline, Territorial Sea and EEZ

The compliance question for every offshore wind deployment starts with a GPS coordinate. Germany’s maritime jurisdiction is divided into three distinct zones, each carrying different legal consequences for immigration.

• Internal waters (coastline to baseline). These are the waters landward of Germany’s baseline, harbours, river mouths, enclosed bays. German law applies in full, exactly as it does on land. Any third‑country national working here requires the same residence titles and work permits as an onshore employee.
• Territorial sea (baseline to 12 nautical miles). Germany exercises full sovereignty over the territorial sea. The Residence Act, the BeschV and all other domestic legislation apply. This is the zone where §19c and BeschV §24b create the targeted derogation for offshore wind work.
• Exclusive Economic Zone (EEZ, beyond 12 nm). Germany exercises sovereign rights over the EEZ for the purposes of exploring and exploiting natural resources, including wind energy, but does not exercise full territorial sovereignty. The Residence Act does not automatically extend to the EEZ. WindSeeG governs energy regulation here, but immigration obligations are less clear‑cut. Critically, however, Schengen entry/exit rules still apply every time a worker transits through a German port or airport.

Work Authorisation Rules by Zone, Germany Offshore Wind Immigration Rules in Practice

Knowing which zone your workers are in is only the first step. The next question is which authorisation pathway applies, and the answer varies depending on zone, activity type and assignment duration.

Work Inside the Territorial Sea (Baseline to 12 nm)

This is where the BeschV §24b derogation delivers its greatest practical value. A third‑country national deployed to construct, commission, maintain or operate a wind turbine or its grid‑connection line within the territorial sea can work for up to 24 months without the employer needing prior approval from the BA. The worker still requires a residence title, typically granted under Residence Act §19c, but the application process is significantly faster because the BA approval step is removed.

In my experience, the key planning consideration is ensuring that the worker’s activities genuinely fall within the scope of §24b. Turbine assembly, blade installation, subsea cable‑laying and substation work are clearly covered. Support activities, catering, vessel operation, environmental monitoring, may not be. Where scope is uncertain, I advise employers to seek a formal legal opinion before mobilisation and, where necessary, apply for BA approval as a precaution.

Work Between Coastline and Baseline (Internal Waters)

Any third‑country national performing work in internal waters, for example, at a marshalling port, a quayside fabrication yard or an inner harbour, is fully subject to German immigration law. The BeschV §24b derogation does not apply here. A standard offshore wind Germany work permit or residence title is required, and the employer must go through the regular application process, which typically includes BA approval unless another BeschV exception applies.

Work in the EEZ (Beyond 12 nm)

The legal position in the EEZ is the most nuanced, and the one I see employers get wrong most often. Because Germany does not exercise full sovereignty over the EEZ, the prevailing administrative view is that the Residence Act does not automatically apply to work performed entirely within that zone. A third‑country technician who helicopters from a non‑Schengen base directly to an offshore platform in the EEZ and returns without touching German soil may, in principle, fall outside the scope of German immigration law for the duration of the offshore deployment.

However, this theoretical position is riddled with practical traps. The moment that technician transits through a German port, even briefly, for a crew‑change vessel transfer, they enter the Schengen area. Their time on German soil counts toward Schengen short‑stay limits. If they accumulate more than 90 days within any rolling 180‑day period without a national visa or residence title, they are in breach. In my view, treating EEZ work as “immigration‑free” without rigorous Schengen‑day tracking and transit planning is one of the highest‑risk compliance failures in the offshore wind sector.

Short Assignments, Schengen Day Counting and Visa Practicalities

90‑Day Short Assignments, When Are They Non‑Employment?

Certain offshore activities lasting no more than 90 days may be classified as non‑employment under German administrative practice, for example, short‑term commissioning support, equipment inspections or warranty visits where the worker is not integrated into the German employer’s organisational structure and is paid entirely by a foreign employer. The classification depends on the substance of the arrangement, not merely its label. Documentary evidence, including the contract, payment structure, reporting lines and task description, must support the non‑employment characterisation.

Schengen Day Counting Rules and Practical Traps

Third‑country nationals entering the Schengen area on a short‑stay (Type C) visa or under a visa waiver are subject to the 90/180‑day rule: a maximum of 90 days of physical presence within any rolling 180‑day window across all Schengen states. For offshore workers, the trap is cumulative presence. A technician who spends 30 days onshore in Germany for training, then 45 days transiting through Cuxhaven for crew changes, and then 20 days on leave in the Netherlands has used 95 Schengen days, even if much of the offshore work was technically in the EEZ. Every day on Schengen territory counts, and there is no “offshore exemption” from the Schengen Borders Code.

Visa Types, When to Use Which

• Short‑stay (Type C) visa. Suitable for non‑employment activities of up to 90 days within a 180‑day period. Not appropriate for employment assignments, even short ones, unless the activity is genuinely non‑employment in character.
• National (Type D) visa. Required when the assignment exceeds 90 days, involves employment, or when the worker needs a residence title under §19c. The Type D visa allows entry for the purpose of collecting the residence title from the local foreigners’ authority.
• Residence title under §19c + BeschV §24b. The target authorisation for most offshore wind workers performing turbine or connection‑line work within the territorial sea. Grants the right to work for up to 24 months without BA approval.

Employer Obligations and Compliance Checklist

Compliance in offshore wind immigration is not just about having the right visa, it is about being able to prove it. From what I see in practice, enforcement authorities and port‑state inspectors increasingly expect employers to produce comprehensive documentation at short notice. The following checklist reflects the standards I recommend to clients.

• Zone coordinate records. For every deployment, document the precise GPS coordinates of the work site and confirm whether it falls within internal waters, the territorial sea or the EEZ. Retain BSH chart references.
• Employment contracts specifying work location. Contracts should expressly identify the maritime zone, the nature of the offshore activities and the expected duration. Ambiguous location clauses are a frequent audit finding.
• Crew logbook / rotation manifest. Record each worker’s embarkation/disembarkation dates, vessel name, port of departure, port of return and zone of activity. Recommended fields: worker name, passport number, nationality, visa/residence title number, date/time on, date/time off, zone (internal/territorial/EEZ), port used.
• Schengen‑day tracker. Maintain a rolling 180‑day calendar for every third‑country worker, capturing all Schengen entries and exits, including brief port transits and onshore layovers. Update after every rotation.
• BA notification or approval records. Where BA approval is required (activities outside the scope of §24b), retain the approval notice and reference number. Where the §24b derogation applies, retain a file note confirming the legal basis.
• Insurance and social security documentation. Confirm applicable social security regime (A1 certificate for EU/EEA posted workers; bilateral agreement certificate for third‑country nationals where applicable) and retain evidence of coverage.

I recommend retaining all deployment records for a minimum of five years after the end of the assignment, this covers the typical limitation period for administrative offences under the Residence Act.

Payroll, Social Security and Tax Flags

Even where immigration formalities are simplified by BeschV §24b, payroll and social security obligations may still arise. If a third‑country worker is employed by a German entity or is deemed to be working “in Germany” for social insurance purposes, German employer contributions apply. Cross‑border workers rotating between German and non‑German waters may trigger posting rules, split payroll obligations or double‑taxation issues. In every case, the employer compliance logbook should capture sufficient data for the payroll team to make accurate determinations.

Safety and Immigration Interplay, BSH Permit Conditions

BSH construction and operating permits for offshore wind installations frequently include conditions relating to personnel qualifications, safety training and crew documentation. Non‑compliance with immigration requirements can create knock‑on effects for BSH permit compliance, particularly if an inspection reveals unauthorised workers on a regulated installation. Employers should ensure that their immigration compliance processes are integrated with their HSE (health, safety and environment) management systems.

Practical Workflow and Timelines for Planning Deployments

Based on the deployment‑planning timelines I work through with clients, the following step‑by‑step framework covers the critical milestones for mobilising third‑country offshore workers to German projects.

• T‑90 days: Zone verification. Confirm the GPS coordinates of the work site. Determine whether the installation falls within internal waters, the territorial sea or the EEZ. Obtain BSH chart confirmation if needed.
• T‑75 days: Immigration pathway assessment. Based on zone, activity type and duration, determine whether BeschV §24b applies, whether BA approval is needed, and which visa type (C or D) each worker requires.
• T‑60 days: Visa and residence‑title applications. Submit Type D visa applications at the relevant German embassy or consulate. Where §19c + §24b applies, prepare supporting documentation (employment contract, zone confirmation, activity description). Allow for embassy processing times, which can vary from two to eight weeks depending on the consulate.
• T‑30 days: Schengen‑day forecast and rotation planning. Run a Schengen‑day forecast for each worker based on planned rotation schedules. Adjust crew rotations to ensure no worker exceeds 90 days within a 180‑day window unless they hold a national visa or residence title.
• T‑14 days: Documentation pack assembly. Compile the deployment file: visa/residence title copies, contracts, zone records, logbook templates, insurance certificates, BA approval (if applicable) and Schengen‑day tracker.
• T‑0: Mobilisation. Commence deployment. Ensure vessel masters and onshore coordinators are briefed on logbook requirements. Begin real‑time Schengen‑day tracking.
• Post‑deployment: Records close‑out. Finalise logbooks, update Schengen trackers, file BA notifications (if required) and archive records for the recommended five‑year retention period.

Risk Scenarios and Enforcement

The most common enforcement risks I encounter in practice are:

• Unauthorised employment. Deploying a third‑country worker in the territorial sea without a valid residence title or relying on BeschV §24b for activities outside its scope. Penalties can include fines of up to €500,000 for the employer under the Residence Act.
• Schengen overstay. Failing to track cumulative Schengen days for workers transiting through German ports for EEZ assignments. Consequences include entry bans, deportation orders and reputational damage.
• Wrong permit type. Using a short‑stay C visa for activities that constitute employment, or relying on a non‑employment classification that does not withstand scrutiny. This exposes both the employer and the worker to administrative proceedings.

Where a compliance gap is identified mid‑deployment, the immediate priority should be to suspend the worker’s activities, seek emergency legal advice and, where possible, apply for a corrective residence title or BA approval before the situation escalates.

Conclusion, Planning Ahead on Germany Offshore Wind Immigration Rules for Third‑Country Workers

Germany’s offshore wind sector cannot deliver on its expansion targets without international talent, and the legal framework recognises this through targeted provisions like BeschV §24b. But that framework is zone‑specific, time‑limited and documentation‑heavy. In my experience, the employers who avoid enforcement issues are those who treat immigration as a project‑planning input from day one, not an afterthought. I encourage every project developer and contractor operating in German waters to map zones, forecast Schengen days, assemble robust documentation and engage specialist business immigration counsel well before mobilisation begins.

Sources

1. Bundesministerium für Wirtschaft und Klimaschutz (BMWK), Offshore Wind Energy Act (WindSeeG)
2. Bundesamt für Seeschifffahrt und Hydrographie (BSH), Third Ordinance on Implementation (WindSeeV)
3. Gesetze im Internet, Residence Act (Aufenthaltsgesetz / AufenthG)
4. Gesetze im Internet, Employment Regulation (Beschäftigungsverordnung / BeschV)
5. BAMF, Federal Office for Migration and Refugees, Guidance on Third‑Country Nationals
6. EUR‑Lex, Schengen Borders Code and Short‑Stay Rules