It is becoming increasingly necessary for companies to hire a large number of foreign specialists and employees at short notice in order to implement major industrial projects. This applies in particular to the areas of energy supply, such as the construction and maintenance of offshore wind turbines (we informed on this link), the execution of trade fairs, healthcare (especially in the hospital sector), the construction industry and food production.
Read here what companies need to consider in order to avoid risks and ensure the fastest possible project start.
1. Residence permit requirement for third-country nationals
Citizens of an EU/EEA country do not require a visa for permanent entry to Germany. The same applies to their employment. Citizens of Australia, Canada, the USA, Israel, New Zealand, Japan or South Korea require a residence permit in Germany, but can apply for this AFTER their entry at the responsible Foreigners’ Authority for all types of residence. If foreign employees do not belong to the two groups mentioned above, they require a national German visa upon entry.
Foreign skilled workers always require a visa or residence permit to work in Germany. However, this does not apply to citizens of an EU/EEA country.
2. Risks / Penalties
If employees take up a professional activity in Germany without the required permit, the employer faces a fine of up to EUR 500,000 and employees up to EUR 5,000.
In addition, the employee in question may be removed from Germany and banned from entering the country again.
3. Realization of major projects
Particularly in the case of major projects that require the rapid employment of a large number of foreign specialists, it is necessary to act quickly and not lose track due to the extensive application process.
The current waiting time to obtain an appointment at the respective German embassy abroad or the Foreigners’ Authority in Germany is up to 12 months in some cases. To speed up this procedure, there is the option of an accelerated Procedure for Skilled Employees. However, this often does not bring the hoped-for benefits.
This makes it all the more important to apply for the required visa for Germany or the required residence permit for Germany as quickly as possible in order to save important time during the application process.
Due to the large number of application documents required and the various application procedures, HR departments often lose track of the current status of the procedure or missing documents and information for the respective employee.
4. Recommendation / mass procedure
In order to ensure that projects run smoothly, avoid economic risks to project partners and enable the project to start as quickly as possible, we make use of our application portal for employees and companies. In the application portal, an access point is set up for the company and each individual employee, under which the respective HR department employees can monitor each individual procedure, add necessary application documents and information and clarify important follow-up questions with our team of lawyers at short notice.
We are familiar with the special aspects of mass proceedings and ensure that your project is implemented smoothly and on time from the perspective of residence and employment law.
If you have any questions about our services or need assistance with applying for a residence permit for Germany or a visa for Germany or obtaining German citizenship, please do not hesitate to contact us. We support you in applying for all types of visas and residence permits for Germany. Book a free consultation here!
VISALABS – Visa for Germany