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EU Immigration 101 - Osborne Clarke

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EU Immigration 101 - Osborne Clarke

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EU Immigration 101 - Osborne Clarke

  1. 1. Belgium France Germany Italy Netherlands Spain UK Short-Term Assignments Business Visitor Visa? No for stays of max 90 days in any 180 day period No for stays of less than 90 days within a 6-month period No for stays of max 90 days in any 180-day period No for stays of max. 90 days within a 6-month period No for business trips of max 90 days in a rolling 180-day period No for stays of max 90 days in a 180-day period No for stays of max 6 months in any 12-month period + clearance stamp required to enter Permitted activities? Attendance to business meetings in closed circles (e.g. client meetings, board of director’s meetings) for max 20 calendar days per meeting or 60 days/year in total, scientific congresses Attendance to occasional meetings or meetings with clients Option to apply for a ‘Circulation visa – C Visa’ to carry out business in France without residing in France Attendance to business meetings, discussion, seminars, ‘fact-finding’ meetings, classroom trainings, attending meetings with potential German clients Attendance to business meetings, creating new contacts, contract negotiations Attendance to business meeting and trainings, purchase and sale of products, business transactions and tenders, attending an exhibition, conference or seminar, taking part in cultural sport events, diplomatic visit. Attendance to business meetings, conferences or similar activities. It is not permitted to participate in daily work activities Attendance to business meetings, conferences, negotiation and closure of contracts. They may provide training but not directly to clients Residence Permit? No for stays of max 90 days in any 180 day period No for stays of max 90 days in any 180- day period Yes, if the purpose is to gain employment which will generate professional income. US citizens can apply to the Aliens’ Registration Office after their arrival in Germany for a single permit granting both residency and work authorization No, for stays of max. 90 days in any 180-day period No, for stays of max. 90 days in any 180-day period. No, for stays of max. 90 days in any 180-day period. Yes, requirement of a prior application for a work authorisation (= Sponsor license for skilled workers which allows the employer to issue a Certificate of Sponsorship for non-EEA national workers) > authorisation to remain on the UK territory Sponsor license valid for four years (+ extension) US Employees in Europe Sending US employees to do business in Europe January 2017 Gavin Jones Partner, UK +44 20 7105 7626 gavin.jones@osborneclarke.com Vinciane Rysselinck Senior Counsel, Belgium +32 2 515 93 08 vinciane.rysselinck@osborneclarke.com US businesses routinely send skilled, professional workers to European jurisdictions, or arrange for these types of workers to travel to Europe for business purposes. Although European rules do provide scope for business activities to be carried out without always needing formal permission, work authorizations and residency permits remain very much an issue.
  2. 2. © Osborne Clarke LLP January 2017. Publication number [00000000] Osborne Clarke is the business name for an international legal practice and its associated businesses. For full details please see: osborneclarke.com/definitions Belgium France Germany Italy Netherlands Spain UK Work permit / authorization? No, if employee: • attends business meetings in closed circles for 20 days max. per meeting and 60 days/year in total; • is a manager or director employed by the headquarters of a multinational organisation located in Belgium, with a yearly gross income of 66.942 €; • is a sales rep. for a foreign employer with no branch office in Belgium (for 90 days’ max); • is holder of a Blue Card emitted by Belgium. Yes Mandatory preliminary report to the regional employment inspector Yes Yes, non-EEA citizens must get a work permit to work in Italy Quota system applies, except in case of a secondment of executives or highly skilled workers/ staff and for employees sent to perform a services contract No, if employee: • attends business meetings for 90 days max.; • is highly skilled with a gross monthly income of 3.170 € (if <30 years) or 4.324 € (if 30+ years). Yes: In case the employee will work in the Netherlands under an employment agreement. Yes, US citizens must get a work permit to work in Spain subject to the Employment National Situation (Labour market test) When legal requirements are met, the Employment National Situation will not be taken into consideration for: • Highly skilled employees; • Real Estate or Financial investors; • Entrepreneurs; • ICT; • Blue Card holders; • Researchers. Yes, requirement of a prior application for a work authorisation (= Sponsor license for skilled workers which allows the employer to issue a Certificate of Sponsorship for non-EEA national workers) > authorisation to remain on the UK territory Sponsor license valid for four years (+ extension) Local Language requirement? Yes – in Dutch, French or German Yes – in French Yes – in German (for permanent residence permit, not for Blue Card) Yes – in Italian Yes – in Dutch or Dutch / English and official documents translated into Dutch, English, French or German Yes – in Spanish Yes – in English, except for ICT Long-Term Assignments Blue Card? Yes – The EU Blue Card offers highly skilled non-EEA nationals the right to work and reside in one European country for a defined duration and to move to / reside in another EU country after some time. Conditions: • Highly educated and skilled employees • With a contract of employment or a binding job offer (min. one year) with a company set up in the EU country of application • A minimum annual gross salary (see thresholds below): N/A Additional local requirement 51.882 € / year 53.836,50 € / year 50.800 € / year 34.086 € / year 60.792 € / year 34.276 € / year

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