VISANOW draws on years of legal and international immigration experience around the world, allowing our multi-lingual global immigration team to help you jump-start your immigration process. Our attorneys distinguish themselves by partnering with you to explain and work through complex country requirements via a transparent process and by making recommendations to get you in-country sooner.
Work
All persons who wish to seek gainful employment in Germany are required to obtain a residence permit in the form of a visa.
Foreign nationals, other than European Union (EU), European Economic Area (EEA) and Swiss nationals, may as a rule, only reside in Germany for the purpose of taking up gainful employment if they have the requisite residence permit ("Aufenthaltserlaubnis"). The residence permit only allows you to take up gainful employment (employee or self-employment) if the residence permit expressly entitles this.
To qualify for a German work permit, the basic requirements for the employee and the German company are as follows:
- The potential employee has to be employed on equal terms as a German employee.
- German or other European nationals are not available to fill the position.
- Usually the employee must have a university degree or comparable qualification. For some positions there are special requirements.
- The German company must be registered at the Labor Authorities in Germany and apply for a Corporate Registration Number.
Foreign nationals must apply for a work and residence permit at a German consular post, which forwards the application to the Alien Affairs Office ("Auslaenderbehoerde") with jurisdiction over the employees' proposed place of residence in Germany. Upon receipt of the application, the Alien Affairs Office forwards an internal request to the appropriate Labor Authorities (Arbeitsamt) for review. Upon approval of the work permit petition, the Labor Authorities forward a recommendation to the Alien Affairs Office, which may then approve the work and residence permit application. Upon final approval by the Alien Affairs Office, a notification is sent to the appropriate Consulate, authorizing the Consulate to issue a work visa. Upon arrival in Germany, the foreign national must obtain his or her work and residence permit at the local Alien Affairs Office.
Work permits are generally valid for an initial period of one year, and may be renewed on a yearly basis. Visa nationals must apply for a “Type D” visa to enter Germany for work purposes. The entry visa is generally valid for an initial period of 90 days and must be converted into the final German work and residence permit upon arrival in Germany.
Business
A “business visit is generally a short-term trip taken to conduct business activities for which work authorization is not required. Once a foreign national requires work authorization, he or she is no longer considered a “business visitor” from an immigration perspective, even though he or she may be making a very short “visit” to a country for what he or she considers to be “business” purposes.
In Germany, business visitors must generally limit their activities to attending business meetings or discussions; attending meetings with potential German clients provided that the employee represents a commercial entity outside of Germany; participating in expositions to present and sell company products; attending seminars or “fact-finding” meetings; and/or attending class room trainings. Business Visitor status is not appropriate for visits to install or repair machinery, computer software or equipment, or to perform other technical duties at either an affiliated company or a client site.
If a business trip, even if very brief, will involve activities other than those outlined above, a work permit and visa will typically be required. However, there may be differences between activities permitted by law and those allowed in practice. Additionally, even when activities are limited to those listed above, if the foreign national will generate profit for the host entity, receive compensation from the host entity, or take direction from the host entity, a work permit may be required. Accordingly, it should not be assumed from the list above alone that a business visit is or is not sufficient for a given case.
Business visitors to Germany typically use the Schengen Type C Visa. Unless exempt by treaty or other reciprocity agreement, foreign nationals are required to obtain a Schengen Type C Visa prior to entering Germany for business visits. The Schengen Type C Visa must be obtained from the German consulate with jurisdiction over the applicant’s place of residence or country of citizenship.
The maximum allowable stay as a business visitor within the Schengen area is 90 days within a given 180-day period.
Study
A Student Visa is granted for the purpose of studying in Germany. All persons who wish to study at a high school, college or university in Germany are required to obtain a residence permit. Citizens of the United States of America may apply for their residence permit after entering Germany without a visa.
Visit/Family/Marriage
A short-term Schengen visa is granted for the purpose of tourism; for example sightseeing or visiting family/friends or for other personal affairs. American Citizens do not need a visa when they travel to Germany for business or for personal travel. The stay in the Schengen area should not exceed 90 days in a 6 month period.
The uniform visa or Schengen visa was established by the Schengen Agreements. It is valid for the territory of all the Schengen States and entitles the holder to remain for an uninterrupted period of 90 days at most or to make one or more visits over a six-month period in the Schengen territory, starting from the date of first entry. Notwithstanding the general rule, any Schengen partner may reserve the right to restrict the territorial validity of the visa.
The Schengen visa is valid for the following 24 European countries: Austria, Belgium, The Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slowakia, Slovenia, Spain and Sweden. A Schengen visa issued by an Embassy or Consulate of the above countries allows the holder to travel freely in all of these countries.
Visas issued before or on December 20, 2007 by the new Schengen States (Latvia, Lithuania, Estonia, Hungary, Poland, The Czech Republic, Slowakia, Slovenia and Malta) are only valid for these 9 new Schengen countries, not for the whole Schengen area.
Residence
We are currently updating the information for this visa type. VISANOW can assist you with your application, please call us at 855-VISANOW (847-2669) to get the process started today.
Citizenship
We are currently updating the information for this visa type. VISANOW can assist you with your application, please call us at 855-VISANOW (847-2669) to get the process started today.
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