What international companies need to know about visas for foreign employees
Germany Trade and Invest is the economic development agency of the Federal Republic of Germany for foreign trade and location marketing. GTAI supports both German and foreign companies with comprehensive and industry-specific information - daily trade news are provided for export-oriented German companies free of charge - which is based on the expertise and profound knowledge of the respective countries of 60 experts working abroad. Additionally, GTAI offers an extensive range of consulting services for foreign investors. In this article, Christina Schön and Udo Sellhast, both from Investor Support Services at GTAI, sketch an overview of the important facts international companies need to know about obtaining German work visas for their employees.
Businesses operating in Germany benefit from the country's highly trained and motivated workforce and the most stable labor costs in Europe. However, it is also often possible for companies to bring in staff from abroad to work for a subsidiary or branch office in Germany.
No restrictions for EU citizens
Nationals of EU member states, Iceland, Liechtenstein, Norway, and Switzerland can work in Germany with no restrictions, although special rules currently apply for Croatian nationals. Employees from other states are subject to different regulations; however there are many exceptions that make it easier for enterprises to employ foreign staff.
Visas and residence permits
Most non-EU foreign nationals must obtain a so-called national visa abroad before entering Germany. This can be converted subsequently into a residence permit by the local immigration office. This gives holders the right to work in Germany for up to three years and can usually be extended. A permanent settlement permit is issued in most cases after five years. Nationals from Australia, Canada, Israel, Japan, New Zealand, South Korea, and the United States may enter the country without a national visa and can apply for a residence or settlement permit once in Germany.
Residence permits for the purpose of taking up employment are usually only issued if it is possible to demonstrate a specific offer of employment. Foreign nationals may require approval from the Federal Employment Agency (FEA) depending on their level of qualification and the job to be performed. Certain professional groups do not require FEA approval, such as executives, specialists holding a German university degree, scientific research personnel and many EU Blue Card applicants (scheme for highly qualified employees - read more).
Priority for EU citizens
FEA approval is only issued if no suitable German or EU employees are available (the so-called "priority check") and the foreign employee is hired with the same terms and conditions of employment as comparable German or EU employees. The priority check can be waived for internal company specialists, for example.
Exceptions for temporary postings
In some cases, non-EU employees temporarily seconded to Germany do not require FEA approval. For instance, staff can usually be posted to Germany for up to three months within a twelve-month period in order to set up and install machinery or facilities that have been ordered from the employer if the company has an office registered abroad. Normally, no residence permit is required in this case, although a Schengen visa and FEA notification, for example, may nevertheless be necessary.
Further information
You can read more on employing staff in Germany here.