In this mini blog series we will provide an overview of the key aspects to consider when sending one of your employees to and from Germany. First, we will take a look at short term assignments (up to six months) from an inbound and outbound perspective for citizens of certain countries outside the EU.

Inbound Perspective

For the inbound perspective, we will focus on employee movements for US and UK citizens and for citizens of Australia, Israel, Japan, Canada, South Korea and New Zealand. Citizens of these countries can generally enter Germany without a visa, even if they intend to stay in Germany for more than 90 days. All other non-EU citizens will require a visa prior to entering Germany and the information below does not apply.

For the countries in scope of this post, this does not mean, however, that the employee can necessarily do whatever the employer wants during those 90 days. It is important to note that economic activities are generally not allowed during those 90 days unless the visit can properly be described as a business trip. Per the legal definitions this includes conducting meetings and negotiations, entering or overseeing contracts and supervising a business. The requirements for that are vague, and in some cases the line between that and ongoing ordinary employment is a thin one and hard to discern precisely. However, the fines for over-stepping that thin line are hefty.

Therefore the employer should consider well in advance whether an employee’s trip to Germany can in fact be framed as a business trip or whether a business visa should be sought for precautionary reasons. In our experience, the latter should be considered in highly regulated industries or where the employees will in effect be seconded to do their work in Germany rather than being an “outsider” traveling on business to your German business. If a company trip can be considered a business trip, it is of utmost importance to draft accompanying bilingual documentation to lay out the rationale as a business trip and to mitigate the risks mentioned above. That will include a reasonably detailed statement of the specific things the employee will do while in Germany and why his/her physical presence to do them is desirable. It will usually also contain pre-determined start and end dates for the visit and should best relate to specific tasks/events rather than just BAU work activities.

If it is certain that a visit will last between 90-180 days, an Intra-corporate transfer (ICT card) is often a good option to secure a stay. The special feature is that this is only possible within a company or group of companies and is limited to employees who can prove that they have a special qualification. Essentially, this means, that – along with other criteria – the employees must qualify as specialists, trainees or managers. Again, the requirements to fulfil these thresholds are quite indistinct so comprehensible and well-founded documentation of the decision to qualify your employees as specialists, trainees or managers is key, along with details of why that individual’s particular set of skills is needed in your operation in Germany at that that time.

Outbound Perspective

For the outbound perspective, we will focus on German employees traveling to the US and the UK for business. 

A foreigner traveling to the United States to conduct temporary business must have a business visa (B1) unless qualifying for entry under the Visa Waiver Program (VWP). When it comes to deciding whether the Visa Waiver Program is preferable to a B1 visa, you should first consider the duration and frequency of your trips to the US.

The VWP enables German citizens (or any other nationals of participating countries) to travel to the US for business stays of 90 days or less without obtaining a visa. Travelers must apply online with the Electronic System for Travel Authorization (ESTA) for approval prior to travel. The key requirements are that you wish to enter the US as a business traveler with your passport that is at least valid for the maximum duration of your stay. You must also provide evidence that you have no intention to stay in the US on a permanent basis by presenting a return/ onward ticket (onward tickets must not end in Canada, Mexico or the Caribbean) and you are traveling to the US with a transport company that is contractually affiliated with the Visa Waiver Program, which includes most reputable airlines and shipping companies. A business trip must serve to promote commercial or professional interests abroad but excludes employment per se including payment as well as unpaid internships in the USA.

A German citizen traveling to the US for business may apply for a B1 visa if they intend to stay for 90-180 days in the US and also if they will be traveling a lot back and forth (or if you are not eligible for VWP travel or have previously been denied an ESTA). While it is generally more time-consuming and expensive to apply for a visa for the US than to obtain an ESTA authorisation online, however, for regular stays in the US, it is most advisable to make the additional effort in order to ensure safe entry. Having a visa in your passport shows the officers that you have already undergone a comprehensive check by the US consulates and this creates trust in advance. Nevertheless, certain requirements also have to be met such as a valid passport and no intent to stay in the US on a permanent basis but only as long as needed for specific business reasons including meetings, consultation with business associates, attending scientific, educational, professional or business conventions or conferences, settling an estate or negotiating a contract. Entering the local US workforce or performing an ongoing work role in the US is still not permissible and would require an official work visa (which will be part of this series as well).

Traveling for business to the UK on the other hand has obviously changed a lot after Brexit. While no work visa or any other permission to come over to the UK for business reasons were required before Brexit, the UK is now gradually introducing electronic registration for travelers from third countries including Germany. Like the US ESTA system, the Electronic Travel Authorisation (ETA) requires online registration for short term business trips to the UK. From 2 April 2025, the ETA will be mandatory for travel to Great Britain and Northern Ireland. Applications can be made by nationals of these countries from 5 March next year.