Business Travel to Germany – Do I Need a German Work Visa for My Employees?

When an employer considers sending employees to Germany for work, we often advise on whether they need a German work visa. Understanding the intricate requirements surrounding German work visas can help you to comply with German immigration law.

In the latest episode of our Workforce WorldView podcast, Laura Sparschuh and Dagmar Nolden delve into employer obligations when sending employees to Germany, focusing on whether German work visas are necessary for both short-term and longer-term assignments for citizens from the US, the UK, Australia, Israel, Japan, Canada, South Korea and New Zealand.

A few key points from the discussion:

How long can employees work in Germany without a visa?

Typically, employees can travel to Germany without a visa for stays of up to 90 days. However, Laura and Dagmar emphasise the importance of distinguishing between the types of business activities that are permissible without a German work visa and those that necessitate one. These distinctions can assist in determining whether a visa is needed for your employees.

Will my employees need to avoid particular work if they don’t have a visa?

Employees are generally prohibited from engaging in economic activity while on a business trip to Germany. Misunderstandings regarding what qualifies as “business travel” can lead to significant penalties if the distinction between business and economic activities isn't adhered to under German immigration laws.

As an employer, what can I do to avoid penalties?

Planning ahead and carefully assessing whether an assignment to Germany qualifies as a legitimate business trip is essential. If employees are expected to undertake economic activities, pursuing a German work visa may be necessary. This evaluation is key to avoiding potential penalties.

What German work visas are available for longer-term business travel?

For extended assignments (ranging from 90 to 180 days, or even longer), the Intra-Company Transfer (ICT) Card is a strong option, allowing qualified employees to work in Germany with fewer hurdles than other German work visas, such as the Blue Card. While the ICT Card is quicker to obtain, it does not extend to family members, whereas the Blue Card does.

Determining whether a German work visa is needed for employee business travel can be challenging, given the somewhat abstract definition of economic activity. Listening to our podcast is a good starting point to help you understand your obligations. If you'd like to know more about intra-company transfers, German work visa requirements, or any other topics discussed by Laura and Dagmar, please don’t hesitate to reach out to a member of our Business Immigration team.