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 as 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.
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 meeting 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.
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.
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.
We are currently updating the information for this visa type. VISANOW can assist you with your application, please click the button below to initiate the process.
We are currently updating the information for this visa type. VISANOW can assist you with your application, please click the button below to initiate the process.