- What is a work permit?
- What is a visa?
- What is an EU Blue Card?
- What advantages does the EU Blue Card have?
- What disadvantages does the EU Blue Card have?
- Are there work permits for posted employees?
- Does it take more time to obtain work permits for postings?
- What is a business visa?
- What is a training visa?
- What is a van der Elst visa?
- Do European citizens need a work permit?
-
1. What is a work permit?
A work permit is a form of authorisation that is combined with a residence permit and allows the holder to take up employment. There are various types of work permits, which – depending on the legal basis – entitle the holder to pursue work as a freelancer, as a salaried employee or under a posting contract.
-
2. What is a visa?
Visas are issued by German consulates and embassies and entitle the holder to enter Germany once or more. Most visas (such as business or tourist visas) are valid for short stays in Germany for up to 90 days. If the holder is entering Germany on the visa to take up employment there (because his/her employee has applied for a Blue Card or other residence permit), the visa also serves as a temporary work permit. The employee obtains the actual work permit entitling him/her to stay long term after entering the country. This work permit then replaces the visa.
Short-stay visas are usually Schengen visas, enabling someone who travels to German for business meetings to enter other countries in the Schengen Area as well. However, it should be noted that not every European state has signed up to the Schengen Agreement. That means, for example, that an additional visa is required for trips to the UK (or from the UK to Germany).
-
3. What is an EU Blue Card?
An EU Blue Card is a special type of work permit. The “EU Blue Card” residence permit was established for what are termed bottleneck occupations. The process for obtaining a work permit is simpler for employees who meet the criteria in question. So that an EU Blue Card can be issued, the employee must be in employment (in work that is subject to social security contributions) in Germany and receive minimum compensation of €36,192.00 or €44,800.00, depending on his/her qualifications.
-
4. What advantages does the EU Blue Card have?
Applicants who are eligible for an EU Blue Card usually obtain an entry visa relatively soon. The checks conducted by the consulates and the German Federal Employment Agency are confined in these cases to ascertaining whether the above requirements have been met (qualification of the employee, appropriate minimum salary, a German contract of employment for work that is subject to social security contributions). Employees who can claim the EU Blue Card are usually exempted from the obligation to complete a language course before entering the country. The same goes for family members accompanying him/her.
-
5. What disadvantages does the EU Blue Card have?
As stated, an employee must have a German contract of employment for work that is subject to social security contributions in order to obtain an EU Blue Card. Consequently, an EU Blue Card is not an option if the employee is to work as a freelancer in Germany or be posted there (with his/her contract of employment in his/her home country remaining in effect).
-
6. Are there work permits for posted employees?
Yes. Work permits can generally be granted for every type of employment, although an examination is conducted on a case-by-case basis to determine whether employment of a citizen from another EU country will have a negative impact on the German or European labour market. In the case of postings, in particular staff exchanges within a company, the main focus is usually on transfer of knowledge inside the company, so a labour market test is only of minor importance. In these cases, the examination as part of the visa process is mainly to ascertain that the move is a posting and whether the employee receives compensation in accordance with German standards during his/her stay in the country.
-
7. Does it take more time to obtain work permits for postings?
In principle, the fast-track process is only for the EU Blue Card. Whereas it usually takes between 4 and 6 weeks for a visa for the EU Blue Card to be granted, the consulates state that it takes 8 to 12 weeks to process applications for other permits to enter the country (such as for a posting). It can even take longer in some cases. However, that can be alleviated if the process is placed in the hands of experts in this field. RelocPlus, for example, has excellent contacts with the public authorities and German consular agencies involved and has developed special processes that usually enable us to reduce the time needed to complete all employment-related visa application processes to just 3 to 4 weeks.
-
8. What is a business visa?
A business visa entitles foreign employees to enter Germany for business purposes. Business visas cover business meetings, visits to trade fairs and the like, but are not valid for employment in Germany. Drawing a line here is sometimes difficult and, if in doubt, a work permit should be applied for or the matter should be presented in concrete detail to the consulate and discussed with it. We will be pleased to advise you.
-
9. What is a training visa?
A training visa enables an employee to attend a training measure, usually within the same company. A training plan must be submitted before a training visa can be granted. Employees who take part in a training measure in Germany must receive sufficient compensation.
-
10. What is a van der Elst visa?
A van der Elst visa entitles a company based in an EU country (for example in Germany) to assign its employees to work within Europe. The free movement of services prohibits the other member states of the EU (i.e. specifically the member state to which the employee is posted) from impeding assignments there by means of an additional labour market test. That means companies can post an employee who works in Germany and a foreign employee with a German work permit to countries within Europe and the latter can work in other member states on the basis of his/her German work permit. It should be noted that the member states handle the van der Elst regulation in different ways, with the result that an additional visa is required for some member states, whereas only registration is required for others. We will be pleased to advise you.
-
11. Do European citizens need a work permit?
In general, European nationals enjoy freedom of movement within Europe. They can therefore be employed in Germany without needing a work permit. It should be noted that there are special requirements for some countries because they have either just joined the EU or do not belong to the Schengen Area.