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The information provided is designed to give a summary of the immigration requirements. It is not offered as legal advice and should not be taken as such. The firm and the contributing authors expressly disclaim all liability to any person in respect of anything done or omitted in reliance upon the contents of this information sheet. Immigration rules and requirements frequently change without notice and you should contact our Global Immigration team for further information and advice.
Who needs a visa?
Business Visa
Work Authorization
Family
Penalties
Do's and Don't
Holders of an EEA (EU Member States, Iceland, Liechtenstein and Norway) or Swiss passport do not require a visa and have no limitations to travel to or stay in Germany.
The following countries do not need a visa: Andorra, Argentina, Australia, Belgium, Brazil, Brunei, Bulgaria, Canada, Chile, Croatia, Costa Rica, Cyprus, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Great Britain, Greece, Guatemala, Honduras, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxemburg, Macau, Malaysia, Malta, Mexico, Monaco, The Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Poland, Portugal, Republic of Korea, Romania, San Marino, Sweden, Switzerland, Singapore, Slovakia, Slovenia, Spain, United Nations, United States, Uruguay, Venezuela.
Foreign nationals who require a visa must obtain a Schengen Business Visit visa to travel to Germany on business.
Whilst in Germany, business visa holders are permitted to act as CEO of a German company, attend meetings or, conferences, buy goods, negotiate contracts or attend - as specialist employees of a group - attend internal trainings at a group subsidiary.
Existing Schengen visa holders:
The German Embassy will not issue a new visa for Germany if the applicant's passport already holds an active Schengen visa issued by another country's consulate. The active visa has to be canceled first by the issuing consulate before the new Schengen visa can be issued. .
Validity:
The Schengen short term business or tourist visa allows its holder to travel freely within the Schengen area for a period of up to 90 days within 6 months. However, business activities on the basis of a Schengen Visa are limited to 90 days within 12 months under German national law.
Processing time:
Processing times of business visas vary according to the country where the application is filed.
Business visa applications in the UK may be processed within 10 working days from the date of submission.
EU Citizens
In general, EU/EEA nationals do not require a visa to enter Germany, however if they are travelling to Germany for the purpose of work, they are required to register their residence and obtain a declaration concerning the right of free movement and residence (Freizügigkeitsbescheinigung) from the local municipality (Meldebehörde). The EU/EEA national should obtain the residence permit no later than three months after arrival in Germany.
Due to ongoing transitional measures, different regulations apply for nationals of the new EU member states Bulgaria, Estonia, Latvia, Lithuania, Poland, Romania, Slovak Republic, Slovenia, Czech Republic and Hungary.
Vander Elst Visa
The Vander Elst visa is a multiple entry visa required for non-EU nationals posted by their company on a short-term assignment, and includes a work permit. The visa can be extended to a regular residence/work permit.
Work Permit
Germany has a category based system for the issuance of work permits. The information presented below is thus very general. Some of the available categories for example do not require a local employment or previous labour market check. For details please contact our Global Immigration team.
Basic requirements:
1. The applicant has to be employed on equal terms as a German employee
2. It can be shown that there are no German or other European nationals available to fill the position (labour market check)
3. Usually the employee must have a university degree or comparable qualification of at least 3 years vocational training. For some positions there are additional special requirements.
4. German employers / subsidiaries must be registered at the Labour Authorities in Germany and apply for a Corporate Registration Number.
Validity
Work permits are usually valid for one year, and are renewable for a period of two or three years. Settlement permits of unlimited validity are obtainable by highly qualified specialists.
EU citizens
Dependants
Spouses of EU citizens and children under the age of 18 are entitled to apply for a visa for the purposes of family reunification. EU law requires that even unmarried partners of EU citizens are granted the dependant status and the necessary visa and residence permits.
Once they have been issued with a residence card, the spouse of an EU national is permitted to work and reside in Germany.
Unmarried partner/Same sex partner:
The authorities in Germany do not recognize unmarried partners as dependants.
The authorities in Germany do recognize partners in an official partnership (same sex marriage) as Dependants.
Validity
The residence permit for family members will be issued for a maximum period of five years.
Non-EU citizens
Dependants
Foreign worker's spouse and children under the age of 18 may apply to reside in Germany, provided that the main applicant will remain in Germany for a minimum stay of 12 months. Spouses and children older than 16 are required to have a basic knowledge of German. Exceptions exist for certain nationalities, spouses with a university degree or persons with disabilities preventing them to learn a foreign language.
The spouse of a foreign worker is authorized to work in Germany after two years of residence. Spouses of highly qualified or specialist workers are eligible to obtain a work permit earlier.
Unmarried partner/Same sex partner:
The authorities in Germany do not recognize unmarried partners as dependants.
The authorities in Germany do recognize partners in an official partnership (same sex marriage) as Dependants.
Validity
The residence permit for family members will be issued for the same length of time as the foreign worker's work authorization.
Employer:
Employers are required to verify that foreign workers and/or foreign workers of subcontractors have the appropriate visa or residence permit with work authorization. Employing a foreign worker (directly or by use of subcontractors) who does not have the requisite work authorisation is an offence. If convicted the company may be fined. Additionally, individuals assisting in the procurement of permits that are secured through fraud may also face personal imprisonment and fines.
Employee:
Foreign workers who do not comply with the immigration laws of Germany may be fined and a misuse of a Schengen visa may even lead to inprisonment. Additionally, individuals assisting in the procurement of permits that are secured through fraud may also face personal imprisonment and fines.
Do:
1. Contact our global immigration team as soon as possible regarding any potential application as we may be able to assist with preparing documents
2. Provide all requested information and documents promptly to enable us to prepare your application efficiently
Don’t:
1. Perform any duties that may be construed as work whilst in Germany as tourist or as a business visitor
The information provided is designed to give a summary of the immigration requirements. Please note that the information was correct at the time of writing, however the immigration rules and regulations of Germany, like many other countries, frequently change without notice and you should contact our Global Immigration team for further information and advice.