EU Citizens

The EU citizens do not need an entry visa. On principle EU citizens enjoyed the right of free movement within the limits of the European Union. The right of free movement entitles EU citizens to stay and work in Germany. They are on the par with German citizens and only subject to process of registration office. This principle is valid only for the first three month of staying in Germany.

After the expiration of staying three months in Germany EU citizens need a “free movement license”. This license is bound by different conditions. The citizens have to meet the personal scope of application. The free movementis further based on the employment or the proof of financially secured life.

Van der Elst-Visa

A special feature you will find with the “Van der Elst”- visa. For companies based in the EU, which are performing an assignment in Germany and employ third- country Citizens, you will find an excemption. These employees still have a right to move and work in Germany at the time of assignment. They do not have to go through the whole administrative procedure and do not have to obtain a permit.

However the German foreign law is complicated and is affected by the European law and endless international conventions.

Independent of yourt citizenship, if you are no German citizen and want to stay and work in Germany, you have to comply with legal requirements and German bureaucracy.

Employment in Germany of Non-EU citizens

The entry, immigration and employment in Germany for all foreign citizens is regulated by the German Act to Control and Restrict Immigration and to Regulate the Residence and Integration of EU Citizens and Foreigners. The German Alien authority decides about the residency status of every foreign citizen and residence permits and visas. The labour permit is part of the residence permit and will be recovered internally at the Federal Agency of Employment. The labour permit will be registered in the residence permit.

The German law knows four types of permission, the visa, the limited and unlimited residence permit, as well the permanent residence permit- EC. The visa qualifies to visit Germany for a short stay, like business or tourist purpose and does not include the right of employment. The three types of residence permit will be charter for education, employment or political and humanitary reasons.

Who does obtain which type of permission? The country of origin is the respond and difference.

“Third- Country” Citizens

For the so called “third-country” citizen, which are not party of the Schengener Convention, is a residence title for specific purposes inalienable and the requirements to get a residence permit or a visa are very strictly.

To get a visa is subject to the reason of visit and a special invitation letter of a German citizen. To get a residence permit is decisive to the situation of the German employment market, the principle of equality and the German labor law. The “third- country” citizen only may work in Germany, if there is no German preferential employee.

The parties of the Schengener Convention may enter without a visa until a time of three months, if they do not want to work in Germany.

Supporting documents about the education, qualification, insurance, liquidity, tax, work contracts and so on are to be presented.

Types of Residence Permits and their Requirements German law knows four types of residence permit.

I. Visa

There are also four types of visa. They could be used for short stay, tourism, for education and business meeting. The duration of stay could be from very short till at most 90 days per year.

II. Limited Residence Permit

This permit is a limited residence title by the German Law und is at least 6 months. For the following purposes it is possible to get Limited Residence Permit:

III. Unlimited Residence Permit

This one is an unlimited Residence title by the German law. Following requirements are needed to get to get Unlimited Residence Permit:

In exception to the requirements above, the permit could be given:

IV. Permanent residence permit –EC

The Permanent residence Permit – EG is also regulated by the German law and implements only the EU Directive 2003/109/EG (Daueraufenthaltsrichtlinie). Generally for that permit apply just the same requirements as for the Unlimited Residence Permit.

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