Visa for Entering Germany

While EU citizens enjoy Freedom of Movement within the EU, the entry, and the stay, of a third-country citizen is more difficult. A Schengen visa can be issued for a short-term stay of a maximum of 90 days within a period of 180 days. The Schengen Visa is adaptable and can be issued for reasons ranging from a visit to a relative living in Germany to business trips or tourism purposes. Some countries (outlined in our articles) do not need Schengen or Business Visas for short-term stays in Germany. There is an agreement between the 26 Schengen countries and some third countries, which guarantees freedom of travel within these countries.

There is also the possibility of a working holiday visa. This is issued for a stay of three months but can also cover a longer-term stay of up to six months. With this type of visa, third-country nationals are also entitled to take a short-term stay in Germany. However, the working holiday visa can only be issued to those citizens whose home country has a working holiday program with Germany. A bilateral agreement is required.

A long-term stay in Germany is one for more than 90 days. The EU Blue Card, for example, is a German visa that allows its holder to reside in Germany for four years. A long-term German visa must be applied for before entry into Germany. This application is made at the responsible immigration registration office. Basically, the approval of the immigration authority in Germany, where the immigrant wants to reside in the future, is required. If the visa is to be issued for a longer-term stay, there must be a claim to a right of residence in Germany. Such a claim may be given in the case of the subsequent immigration of a family member, such as a spouse or child. A national visa is often issued based on immigration for self-employment, to seek and/or take up employment, or admission to a German university. However, all these cases are subject to various conditions. The issuance of a long-term visa, therefore, depends on the purpose of stay.

At Schlun & Elseven Rechtsanwälte, our German visa lawyers advise on all matters concerning the EU Blue Card, the ICT Card, family reunification in Germany and more. We support individuals and our corporate clients with their application for German visas and in disputes on visa issues. Furthermore, our lawyers support those applying for the German visa for self-employment.

As well as the EU Blue Card, the ICT Card and other “regular” visas, Germany also offers speciality visas for those in specific fields. Athletes, coaches and eSports athletes can gain German visas under § 22 German Employment Ordinance if they fulfil the conditions listed. This ordinance also allows fashion and photo models to gain German visas. For an athlete (and an eSport athlete) to apply for a German visa, they must have an employment offer or contract with a German sports club or a sporting body. If this requirement is met, the following three conditions apply:

1. The applicant must have reached the age of 16 years,
2. The association or institution pays a gross salary equal to at least 50 % of the income threshold for statutory pension insurance; and
3. The German umbrella association responsible for the sport confirms (in agreement with the German Olympic Sports Confederation -DOSB) the applicant’s athletic qualification as a professional athlete or their professional suitability as a trainer (depending on the situation).
   

In the case of eSports, the third requirement states: “the German national federation responsible for eSports confirms the professional performance of eSports and the form of eSports performed is of considerable national or international importance“.

At Schlun & Elseven Rechtsanwälte, our lawyers also advise those in the health industry, such as doctors, on the requirements which need to be fulfilled when considering the move to Germany. Starting work in Germany as a doctor involves having your qualifications recognised, and our team are here to assist you with that process. Contact us now for further advice.

Our German visa lawyers will support you if your application for a German visa is rejected. The initial rejection of an application is not the end of the road, and the right legal support from immigration law experts is the best way to challenge this decision. Rejections can happen due to mistakes made in the application process or because it may not be clear that you plan on returning to your home country after the expiry of the visa.

Legal counsel may also be required in the event of changing from a short-term visa into a longer-term residence permit. Such events can occur where the Schengen Visa holder applies for an EU Blue Card while staying in Germany or because they have married a German citizen during their stay in Germany. Furthermore, our team is available should you find yourself in a situation where your visa has elapsed and you have had to stay for a longer period of time in Germany. Contact our German visa lawyers now if you need expert assistance in a legal dispute.