Corporate Immigration 2024 Comparisons

The growing shortage of qualified professionals and workers is having a significant impact on German immigration policy. To address this challenge and maintain its economic growth, Germany is actively seeking to attract qualified individuals from around the world.

This is welcomed and necessary to maintain Germany’s growing economy. Since 2020, Germany has passed several amendments to its immigration laws to attract talent, with the latest being implemented on 1 June 2024.

German immigration offices are implementing several changes made to the Skilled Worker Immigration Act, which aim at easing the immigration process for skilled workers.

The first stage of the new immigration law came into force in November 2023 and changed the requirements regarding the Blue Card EU, lowering the salary threshold for obtaining the Blue Card EU significantly and allowing IT specialists without recognised university degrees to also obtain the Blue Card EU, for example.

Anyone who has a qualified degree is now able to pursue any qualified job in Germany. Further, the simplified approval of the Federal Employment Agency applies to the employment of professional drivers from third countries. In addition, employers can use the recognition partnership to support foreign skilled workers in obtaining recognition for their foreign qualifications. The Western Balkan Regulation was also made permanent.

The second stage of the law came into force in March 2024. Two years of professional experience in combination with a professional qualification or university degree recognised by the country of origin, entitles foreigners to work in non-regulated professions. Previously this only applied to IT specialists. In addition, access to the labour market for nursing assistants will be created.

The third stage came into force in June 2024 and introduced the Opportunity Card, a new permit type that grants visas to job seekers who meet specific criteria. This stage introduces a points-based system for this permit, with various skills and demographic factors determining eligibility.

Germany has a uniform permit system, distinguishing between residence permits that entitle the holder to employment and those that do not (fully) entitle them to employment. Unlike sponsor-based systems like the UK’s, German work permits do not directly require sponsorship of a specific employer.

There are several options available for employment visas, for example the Blue Card EU, specialist permit, permit for skilled worker with a university degree, permit for skilled worker with vocational training, ICT card, Mobile ICT card, residence permit for researchers, residence permit for privileged nationals, etc.

Self-employed individuals can apply for a residence permit for working purposes in Germany provided certain criteria are met:

• The proposed self-employment activity must demonstrate an economic interest or fulfil a regional need in Germany.
• The activity is expected to contribute positively to the German economy.
• The individual must have sufficient personal capital or a loan commitment to finance their business idea.

Germany does not have an official investor scheme. Instead, a business must be set up, and the expatriate foreign national must work in a function related to this business.

Visitors to Germany are generally limited to activities related to their visiting purposes and typically hold a Schengen C-Visa, allowing them to travel within the Schengen area for 90 days within a rolling 180-day period. Employment is generally completely restricted for visitors.

Business visitors are restricted from performing productive work activities during their business trip. Standard business travel usually allows activities such as:

• attending meetings and conferences;
• promoting sales/services through presentations to potential clients or similar;
• conducting business negotiations;
• negotiating and signing contracts;
• attending trade fairs/trade shows in order to promote products or services – not including direct sales activities; and
• attending a job interview.

The following activities are not deemed to be standard business travel activities:

• providing consultancy services of any kind;
• maintaining and repairing equipment; or
• touring as a professional speaker.

Violating this restriction can lead to sanctions for the employer as well as the visitor, and may result in a ban on visiting the Schengen area in the future.

Working remotely in country is considered employment and therefore requires a work permit when being performed in German territory. Unfortunately, there is no specific permit for this purpose at the moment. Some alternative solutions may exist but are case-specific.

When working remotely from abroad for a German company, German work permits are not required as long as the employee works outside German territory.       

Language requirements depend on the visa.

Generally, German A1 language skills are necessary for a dependent visa for spouses but generally not required for employment visas and spouses of highly qualified or skilled workers/Blue Card EU holders.

No language skills are required to apply for a Blue Card EU.

Skilled workers generally need to obtain German language skills at B1 level to be granted a permanent settlement permit. There are exceptions to this; for example, Blue Card EU holders can also obtain a permanent settlement permit with A1 knowledge if certain requirements are fulfilled.

There are currently no requirements for medical certificates or vaccinations, but requirements may differ depending on the country of origin.

Minimum thresholds are required for obtaining a Blue Card EU. In 2024, the threshold for a Blue Card EU is EUR45,300 or EUR41,041.80 for shortage occupations, young professionals (less than three years after their degree completion) and IT specialists.

It should be noted that these thresholds are subject to annual change.

Regarding employment-based visa limitations, most permits are generally tied to a specific employer and job title. Any changes to the employer, job title or employment generally require approval from the immigration authorities.

Since November 2023, holders of the Blue Card EU no longer require approval from the immigration authorities if they want to change their workplace, employer, or job. However, they must still notify the relevant immigration authority of any change of workplace, employer, or job within the first 12 months of employment as a Blue Card EU holder. The authority retains the right to suspend the change for 30 days to review and decide whether to approve or reject it.

Visa processing times at German missions can vary significantly depending on the individual embassy/consulate. Delays are not uncommon, often due to limited appointment availability and staff shortages, particularly during holiday seasons.

For residence permits intended for work purposes, processing typically takes between 8 and 12 weeks from the date of application. However, substantial backlogs at local immigration offices can lead to considerable delays, potentially impacting the assignee’s planned start date of employment. Furthermore, some German missions abroad currently have extended waiting times for visa appointments, sometimes stretching for several months. This further complicates the planning process and should be factored in when determining a start date for employment in Germany.

Travel restrictions may apply to individuals depending on the specific visa or permit they hold.

In the case of permit extensions, the individual’s legal status under the initial permit is extended while the application is being processed. During this interim period, the immigration authority usually grants temporary permit documents that, along with a valid passport, allow for travel abroad.

Expedition/fast track through a fast-track application is generally possible.

For this purpose, a fee-based contract must be concluded with the relevant immigration office. The requirements are that the employer has concluded a corresponding contract with the competent immigration office, that a processing fee of currently EUR411 is paid and that the application is related to a residence permit for which the procedure is applicable (for example, skilled worker, company specialist, IT specialist, etc).

However, the suitability of this expedited procedure is highly dependent on the specific circumstances of the case and the availability of appointments at the responsible immigration authority.

After entry, the applicant registers at the local town hall. After registering at the local town hall, the applicant applies for their residence permit at the competent immigration office. The application for their residence permit needs to be filed within the validity period of the national visa.

Travel restrictions can occur if the residence permit has not been issued yet due to delays and long processing times, which is why it is recommended to file the residence permit application as soon as possible upon arrival.

The processing fee is EUR80 for Schengen visas and EUR75 for national visas (for longer stays). Issuance of a residence permit, an EU Blue Card or an ICT Card costs EUR100. The fees for the fast-track procedure for skilled workers total EUR411.

The individual is responsible for paying the visa fees at the time of application. Most German missions abroad generally only accept cash payments.

Enforcement actions against individuals or sponsors are typically initiated only in cases of legal violations, such as residing in Germany without a valid permit or passport or working without a work permit.

Individuals can face fines of up to EUR5,000 for working without a work permit or further sanctions or imprisonment for entering Germany without a visa or valid passport, for example.

Employers who employ individuals without work permits can be fined up to EUR500,000, and may also face imprisonment in cases of severe violations of the law.

Moreover, both employees and employers who have been penalised for immigration violations can generally expect future applications for work and residence permits to be denied.

Employers are obligated to check their employee’s right to work and keep records of employee’s documents (copy of passport, copy of residence and work permit) during their employment. At the end of an employment, employers are obliged to notify the relevant immigration authority in case of early termination of employment.

Non-compliance can result in substantial penalties, including fines ranging from EUR30,000 for failure to report early termination to EUR500,000 for employing individuals without a valid work permit. In severe cases, imprisonment may also be imposed.

Employers are legally obligated to verify the right to work of any individual before offering employment. Hiring individuals without a valid work permit is strictly prohibited. The right to work can be confirmed by checking the residence and work permit card along with the employee’s green supplementary sheet. Work restrictions are generally marked on the supplementary sheet. If restrictions exist, approval from the relevant immigration office must be obtained and the supplementary sheet updated before employment can commence.

For visa dependency purposes, family relationships are primarily recognised for spouses and children. Other relatives may be considered in exceptional hardship cases.

Recent changes have temporarily expanded eligibility for dependent visas, allowing parents of skilled workers to apply under certain conditions. However, this provision is subject to specific requirements.

Dependent visas generally permit holders to work, although restrictions may apply to the employment of minors in accordance with applicable laws.