Posting workers to Germany under International Staff Exchange
For internationally active companies or globally operating groups, it may be necessary from time to time to move personnel across national borders to complete a temporary assignment abroad.
Germany’s Ordinance on the Employment of Foreigners (Beschäftigungsverordnung – BeschV) controls the immigration of international workers and determines the conditions under which they and foreigners already living in Germany can be admitted to the labour market.
It regulates whether approval from the Federal Employment Agency (BA) is required for the employment of third-country nationals and under what conditions it can be granted. Together with the Residence Act (AufenthG), the BeschV forms the basis for the decision on issuing a residence title enabling the holder to take up employment in Germany.
International staff exchange
Section 10 of the BeschV outlines the circumstances where approval may be granted for the exchange of staff within an internationally operating company or group.
These provisions allow companies in Germany to temporarily employ workers from a foreign branch of their business and vice versa. The exchange does not have to take place in a one-to-one ratio.
The international staff exchange is suitable for companies that have their headquarters outside the EU and want to transfer qualified professionals to a branch in Germany. This option benefits managers, specialists or trainees from abroad who wish to come to Germany for a fixed period of time.
Eligibility requirements
A foreign national may be eligible for a residence permit under these provisions if they meet one of the following criteria:
- The foreign national has a higher education degree or comparable qualification and will be operating in Germany as a qualified specialist as part of a personnel exchange within a company or internationally active company or group.
- The foreign national is an employee of an internationally operating group or company being employed in Germany for an activity absolutely necessary to prepare foreign projects. The employee must have skills commensurate with those of German skilled workers and, in addition, possess particular, especially company-specific, specialist knowledge.
The approval of the Federal Employment Agency can be obtained for employment of up to three years and cannot be extended. Re-employment could be possible at the earliest after six months of stay abroad.
Application process
Employees coming to work in Germany as part of an international staff exchange must apply for a residence permit after arrival.
The application process consists of the following basic steps:
- Collection of necessary documents from assignee and employer.
- Submission of application for work permit pre-approval to the German labor office.
- Entry visa application.
- Registration at local town hall after arrival.
- Application for German work and residence permit.
Support with transferring employees to Germany
If your business needs to send employees to Germany for temporary assignments, Smith Stone Walters can help.
Our team of immigration experts based in Frankfurt can assist you with this type of application and guide you through the entire process. To find out how we can help, please contact us today.
Disclaimer: In accordance with the German law governing legal advice and services (RDG, section 2 subsection 1) our services do not include any legal advice.
