Global and cross-border employee mobility continues to be an indispensable component of modern business operations. Across many industries, companies rely on the ability to provide their services internationally – whether to implement complex projects, to fulfill contractual obligations, or to provide short-term on-site support to clients. Client visits to Germany are likewise part of the everyday operations of internationally active companies. The traveling employees are frequently third-country nationals who do not enjoy the right of free movement comparable to that of EU/EEA citizens or Swiss nationals.
What is often perceived in practice as a straightforward business trip, however, raises numerous questions from an immigration law perspective. In particular, the distinction between permissible business activities carried out during a short-term stay and work requiring authorization is legally complex and of considerable significance. Incorrect classification can entail substantial legal and economic risks – not only for the sending company or the employee, but also for the client or contracting entity in Germany.
This article examines the immigration law framework applicable to client visits to Germany by employees who are third-country nationals. Particular attention is paid to the question of responsibility for immigration compliance: Is it the client, the contractor, or the employee? Against this background, the article aims to provide practical guidance and to help identify and mitigate legal risks associated with international employee assignments in Germany at an early stage.
Demand for labor and skilled workers
Companies in Germany increasingly meet their demand for labor and specialized expertise beyond the domestic labor market. Key reasons include the persistent shortage of skilled workers, the growing specialization of many roles, and the increasing internationalization of business models and supply chains. Especially in the context of complex projects or highly specialized services, companies therefore regularly engage international business partners and subcontractors to ensure access to the necessary know-how, personnel capacity, and flexibility.
General framework
As a general rule, third-country nationals may enter the Schengen Area – and thus Germany – for short-term stays of up to 90 days within any 180-day period. Nationals listed in Annex I to EU Regulation 2018/1806 (the EU Visa Regulation) require a Schengen visa to enter Germany (or another Schengen state). This includes, for example, Chinese, Indian, Moroccan, and Vietnamese nationals. Nationals listed in Annex II to EU Regulation 2018/1806 may enter the Schengen Area without a Schengen visa, such as U.S. citizens, Australians, Canadians, or British nationals.
Irrespective of whether a visa is required for entry, work – whether in the form of self-employed or employed work – in Germany requires a residence permit pursuant to § 17(1) of the German Residence Ordinance (Aufenthaltsverordnung – AufenthV). This applies regardless of whether the activity is carried out for two hours, two days, two weeks, two months, or longer.
Exceptions exist only for activities which, under the German Residence Act, are not classified as employment for a specifically defined period and therefore do not require a residence permit or work authorization.
The classic business trip
The classic business trip under § 16 of the German Ordinance on the Employment of Foreign Nationals (Beschäftigungsverordnung – BeschV) privileges certain business-related activities, such as attending meetings, initiating and negotiating contracts, or forming companies. Pursuant to § 30 no. 1 BeschV, these activities are subject to the so-called non-employment fiction provided they do not exceed 90 days within a 180-day period. They are not considered employment and do not require a work permit. Depending on the traveler’s nationality, only a Schengen visa may be required.
However, the assumption that classifying activities carried out in Germany as “meetings” or “business discussions” will always ensure immigration compliance is incorrect. While it is relatively clear that “productive work” or so-called “hands-on work” does not qualify as a business trip, difficulties arise in the case of positions or roles where the primary activity consists of holding or attending meetings. In such cases, the overall context of the individual circumstances must be assessed to determine whether the activity constitutes employment requiring a permit-or a permissible business trip under § 16 BeschV.
Accordingly, the classic business trip can cover short stays involving, for example, contract negotiations, company formations, or project planning following contract conclusion. All other activities carried out in Germany by third-country national employees generally require a residence permit. Depending on the contractual structure and the nature of the service provided, the German Residence Act offers further specific privileges, which are outlined below.
Provision of services
Contractors based in third countries
Where services are provided in Germany, the available immigration options depend on factors such as the duration of the stay in Germany, the employee’s nationality, and other circumstances.
Pursuant to § 29(5) BeschV in conjunction with § 30 no. 1 BeschV, the provisions of the General Agreement on Trade in Services (GATS) permit the provision of contractual services within Germany. Under these rules, seconded employees of a foreign company may perform service activities in Germany without requiring a residence permit, provided that the employer or service-providing company does not have an establishment in Germany.
In such cases, the employee may act as a so-called “contractual service supplier” for a maximum of 90 days within a 12-month period, provided that a service contract exists and the stay in Germany serves the fulfillment of that contract. Substantively, this privilege is limited to services in specific sectors, including legal advisory services, auditing, tax consultancy, advertising, management consulting for executives and senior managers, technical analyses, soil investigations, travel agency services, and tour guiding.
If these conditions are met, the provision of services falls under the non-employment fiction and no residence permit is required. Depending on the employee’s nationality, a Schengen visa may nevertheless need to be obtained prior to entry.
Excursus: Schengen visa “shopping”
It should be expressly noted – and discouraged – that Schengen visa “shopping” does occur in practice. A Schengen visa must always be applied for from the Schengen state in which the employee will spend the longest period of stay. For example, if an employee plans to spend ten days in Germany, seven days in France, and twelve days in Spain, the Schengen visa must be applied for through Spain, as this is where the longest stay will occur. This rule should not be disregarded even if appointment lead times at the Spanish consulate are longer or visa processing takes several weeks.
If border authorities review the travel itinerary and length of stays upon entry, failure to comply with this rule may, in the worst case, result in refusal of entry, as the employee would be attempting to enter with a Schengen visa issued by another Schengen state. If stays in the individual Schengen states are of equal length, the visa must be applied for from the state of first entry.
Contractors based in the EU
If an EU-based company sends a third-country national employee to Germany to provide a temporary service from another EU Member State, a so-called “Vander Elst visa” generally must be obtained pursuant to § 21 BeschV. Here, too, § 30 no. 3 BeschV provides a privilege under the non-employment fiction where the third-country national employee holds long-term resident status in the other EU Member State (i.e., EU long-term residence).
Where these requirements are met, the third-country national employee may provide services in Germany for up to 90 days within a 12-month period on the basis of an existing service contract, provided that the activities are directly derived from the service contract between the German client and the contractor established in the other EU Member State.
If the requirements are not met, the employee must apply for a Vander Elst visa at the competent German diplomatic mission. These procedures are typically processed more quickly and with less extensive documentation than standard visa procedures. Nevertheless, the service contract and, where applicable, further documents must be submitted to demonstrate that the requirements for a Vander Elst visa are fulfilled. A Vander Elst visa may be applied for at the competent German mission in the applicant’s country of residence and can be issued with a validity of up to 12 months, depending on the duration of the stay in Germany.
Current developments regarding Vander Elst
On 30 January 2026, the European Commission initiated infringement proceedings against Germany (INFR(2025)4025), finding that German practice regarding the “Vander Elst” visa violates EU law by restricting the freedom to provide services. Germany has been given two months to submit its observations; potential changes to the current practice remain open at this stage.
If none of the above-mentioned exceptions for client visits or service provision apply, further options must be examined. In some cases, the employee may qualify as a senior executive and, in that capacity, may travel to Germany for up to 90 days within 180 days without a residence permit. If this is not the case, the standard residence law provisions and options under the German Residence Act apply – for example, a classic secondment to Germany.
Works supply contract (Werklieferungsvertrag)
Another important contractual constellation is the so-called works supply contract pursuant to § 19 BeschV. Under this provision, foreign companies temporarily send their employees to Germany in connection with the delivery and the installation, commissioning, or repair of machinery, equipment, or electronic data processing programs.
This regulation can cover a wide range of contractual structures. What they have in common is that the contractor abroad has manufactured a product – such as machinery, equipment, or software – sold it to a German client, and subsequently delivered it. The contract for the manufacture and delivery of the product includes installation or assembly, so that employees travel to Germany on the basis of the contractual subject matter to perform the agreed work. The acceptance of, testing of, or dismantling of a product is also covered by this provision (§ 19(1) nos. 2 and 3 BeschV).
Where employees enter Germany for a period of up to 90 days within a twelve-month period, the non-employment fiction pursuant to § 30 no. 2 BeschV in conjunction with § 19(1) BeschV applies. This means that the activities listed in § 19(1) BeschV do not require a residence permit, provided that the 90-day threshold within twelve months is not exceeded. Depending on the employee’s nationality, only a Schengen visa may be required.
It should be noted, however, that the German Residence Act provides for a limited exception within the framework of the works supply contract. Under § 19(1) sentence 2 BeschV, for the activities listed in § 19(1) nos. 1 and 3 BeschV, the employer must notify the Federal Employment Agency (Bundesagentur für Arbeit) of the employment prior to commencement. This is not a mere unilateral notification, but rather a formal procedure via the Federal Employment Agency’s portal, requiring submission of all relevant documentation, including a specific agency form. Contractual documents and information on the travelling employees must be submitted so that case officers can assess whether a works supply contract exists. If the requirements are met, the Federal Employment Agency confirms this by stamping and signing the form. Only after receiving this confirmation may employees subsequently travel to Germany – without a residence permit – and commence their activities under the works supply contract.
This constellation may also apply to subcontractors engaged by a main contractor under a further contractual relationship to perform partial services. For example, if company A in the United Kingdom is contracted to manufacture, deliver, and install a system for company B in Germany, but subcontracts the manufacture, delivery, and installation of certain components to company C in the United States, the activities of company C’s employees in Germany may, depending on the overall contractual structure, also fall within the scope of a works supply contract.
If activities under a works supply contract are carried out for more than 90 days within a 180-day period, the consent of the Federal Employment Agency is required pursuant to § 19(2) BeschV, followed by the issuance of a residence permit in the form of a visa. Such consent may be granted for a maximum period of three years; a longer stay under this contractual constellation is not possible. For nationals of so-called “best friend” countries – such as the United Kingdom, Japan, Canada, or the United States – it may therefore be advisable, for projects exceeding three years, to apply from the outset for a residence permit under § 26 BeschV, which allows secondment to Germany without a time limit, irrespective of whether the employer has an establishment in Germany.
Excursus: 90 days within 180 days vs. 90 days within twelve months
In addition to the classic 90 days within 180 days permitted for tourists or business travelers in the Schengen Area, including Germany, German immigration law also recognizes a 90-day period within twelve months under the non-employment fiction for service provision under Vander Elst or works supply contracts. In practice, however, the distinction between these two time frames is often difficult to understand.
The 90 days within twelve months constitute a period granted by Germany and are initially independent of the 90 days within 180 days. The two regimes coexist but are not entirely independent of one another. If a British national travels to Germany for 90 days based on their Schengen allowance, they may also use those 90 days simultaneously as part of their works supply contract quota. If, however, the individual has only 30 of the 90 Schengen days remaining, they may use only those 30 days for works supply contract activities.
Once the 90 Schengen days have been fully used, the Schengen quota is exhausted, but the works supply contract quota may not yet be. If the individual were to remain in Germany beyond the 90 Schengen days and continue performing works supply contract activities, this would constitute an “overstay”, although it would not amount to illegal employment, as the 90 days within twelve months under the works supply contract would not yet be exhausted.
Nevertheless, remaining in Germany is not advisable; departure on day 90 of the Schengen quota is required. Upon re-entry under a new Schengen quota, the individual would again have 90 Schengen days available, but only the remaining portion of the 90-day works supply contract quota (e.g., 60 days) within the relevant twelve-month period.
It is also important to note that days spent in other Schengen countries count toward the 90 days within 180 days, but not toward the 90 days within twelve months under a works supply contract.
It is therefore essential to carefully track travel dates and document on which days activities in Germany are carried out under the works supply contract within the period confirmed by the Federal Employment Agency, so that both quotas can be monitored separately.
Where no exception applies
If none of the non-employment fiction scenarios apply, a work permit or residence permit is required for the activity carried out in Germany. Failure to obtain such authorization prior to commencement of work constitutes illegal employment, with consequences for both employer and employee.
Who is responsible for compliance?
Especially in contractual arrangements involving multiple companies or subcontractors, the question often arises as to who is responsible for ensuring compliance with immigration law requirements.
The law provides a clear answer in principle: A violation of the preventive prohibition on commissioning and employing foreign nationals – namely, the intentional or negligent employment of foreign nationals without the required residence permit – constitutes an administrative offense. The employer or commissioning party may be subject to a fine of up to €500,000.
Further consequences for the employer may include exclusion from public procurement procedures or public funding, liability for deportation costs, or, in cases of repeated illegal employment, even criminal sanctions.
For the employee, too, the exercise of employment without the required residence permit constitutes an administrative offence, punishable by a fine of up to €5,000. Pursuant to § 98(3) AufenthG, this also applies to self-employed persons.
This raises the question of how these rules apply in contractual arrangements involving subcontractors. As a general rule, the primary responsibility lies with the respective employer – that is, the contractor sending its employees to Germany – and with the employees themselves. As a rule, the German client cannot be regarded as the employer. However, the client cannot be entirely absolved of responsibility.
If a client allows third-country national employees of a contractor to work at a location for which the client is responsible, or even on its own premises, the client must ensure compliance with immigration law requirements at that location. This applies in particular to general contractors, who cannot evade responsibility for work performed by subcontractors. Rather, they must ensure that every part of the delivery and/or service chain operates in compliance with the law, including immigration law.
Conclusion and practical recommendations
Short-term client visits and employee assignments involving third-country nationals are legally far more complex than is commonly recognized in practice. Correct classification of the activities actually performed is crucial, as misclassification can quickly lead to illegal employment with significant financial and legal consequences. Responsibility is borne not only by sending employers and employees, but – depending on the circumstances – also by German clients and general contractors. Early immigration law assessments, clear allocation of responsibilities, and thorough documentation are therefore essential to ensure legally-compliant international assignments and to effectively mitigate risks.
