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NASSCOM Global Mobility Conference 2013 - Germany - Uta Behrens

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NASSCOM Global Mobility Conference 2013 - Germany - Uta Behrens

  1. 1. GLOBAL MOBILITY CONFERENCE 20131www.fragomen.com
  2. 2. With You Today:Uta BehrensFragomen Frankfurt, Germanyubehrens@fragomen.com+49 69 20 97 49 0www.fragomen.com 2
  3. 3. Structure of German work permits• AufenthG = German Residence Act– Sec. 18 AufenthG: skilled worker• Specification of employment in BeschV (Employment Regulation)– Sec. 19 AufenthG: highly skilled worker– Sec. 19a AufenthG: Blue card• Local employmentFragomen Immigration Services India Pvt. Ltd. 3
  4. 4. Structure of German work permits• BeschV = German Employment Regulation– Sec. 27 BeschV: „normal“ skilled worker• German local contract– Sec. 28 BeschV: Executives and Specialists• No German local contract required– Sec. 31 BeschV: International staff exchange• No German local contract required• Balance between out of Germany and into Germany– Sec. 41.5 BeschV: International service agreement• No German local contractFragomen Immigration Services India Pvt. Ltd. 4
  5. 5. Immigration Law Update Germany• Last year changes (1 Aug 2012)- EU Blue Card- Family Reunion - Work permit for spouses- New Work Permit for delivering services/ Sec. 41.5 Employment Regulation(BeschV)• Expected changes- Extended Business visitor activities- Longer stays for leading executives- Non-university educated skilled migrants• Upcoming changes- Visa application processwww.fragomen.com 5
  6. 6. EU Blue Card• Permit for local hires in Germany• Requirements– University degree– Local employment contract– Minimum salary• 46.400 EUR• 36.192 EUR in shortage occupations (IT, Engineering)• No labor authorities involvement in case– higher salary threshold is reached or,– employee holds a degree from a German university• Expires after 12 months of absence instead of 6 monthswww.fragomen.com 6
  7. 7. Family ReunionFamily Reunion for Blue Card Holders•No language skills required•Spouse will get work permit•Work permit will not be restricted to an employer nor job title•Expires after 12 months of absenceFamily Reunion for Specialist•Language skills required Level A1•Spouse will get work permit•Work Permit will not be restricted to an employer nor job title•Regular expiry after 6 months of absencewww.fragomen.com 7
  8. 8. Work Permit for Delivering Services• Sec. 41.5 Employment Regulation (BeschV)• Requirements– Home entity country WTO member– Services contract with German customer– Competitive salary• Labor market test applicable• No entity in Germany requiredwww.fragomen.com 8
  9. 9. Business Visitor Activities – ExpectedChangesProposed amendment of Employment Regulation (BeschV)Likely to come into force July 1st, 2013• Enhancement of allowed business activities that do not requirea work permit:– Pre-contract phase:• Activities related to putting together proposals andoffers for contracts.• Exact enhancement to be determined• Auditors– Implementation of contracts, auditing and “steering”subsidiarieswww.fragomen.com 9
  10. 10. Business Visitor Activities – ExpectedChanges• Trainers– Wording of the legal code unchanged, but officialjustification of the amendment now also mentions trainers,instead of only traineeswww.fragomen.com 10
  11. 11. Leading Executives – Expected Changes• Board, President, Vice President, Director level executives• Now up to six instead of 3 months within twelve months withoutwork permit• C-Visa still requiredwww.fragomen.com 11
  12. 12. Non-University Educated Skilled Migrants– Expected Changes• First work permit where no University degree is needed• Requirements:– German apprenticeship or– Qualified foreign education comparable to Germanapprenticeship (at least 2 years)• Bilateral agreement or• Specific shortage occupational groups, to bedetermined by labor authorities– Quotas for certain occupation to be defined by labor office• No labor market testwww.fragomen.com 12
  13. 13. Visa Application Process• Immigration office in Germany no longer involved for first workvisa applications• Immigration office still involved in case of previous assignmentto Germany or family reunion• Labor authority still involved and approval required• New regulation should simplify and expedite the visaapplication process• New process should start in July 2013• Organizational challenges to be expected in the beginningwww.fragomen.com 13
  14. 14. www.fragomen.com 14Q&A
  15. 15. www.fragomen.com 15THANK YOU !

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