The need and interest in employing trained professionals in Germany remain high, given the ongoing shortage of skilled workers. On the other hand, it can be an enriching experience for employees to be temporarily deployed in a foreign branch, get to know its work processes and improve foreign language skills. The international exchange of staff opens up the possibility of achieving all these goals. In detail, however, problems can arise during the transfer, especially in connection with the German Residence Act (AufenthG), which serves as the legal basis for acquiring the required residence title or work permit.
The German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal assistance to provide our clients with the support they need. Our lawyers have excellent residence law expertise and many years of experience supporting application procedures. We support private individuals and companies wishing to assist skilled workers from abroad with their transfer to Germany. We will gladly take care of the entire application process for the required residence title and clarify all open questions with the competent authorities so that you can fully concentrate on your core tasks.
Please, do not hesitate to contact us directly for specialised legal assistance.
International Employment Assignments: General Information
International employment assignments, according to § 10, para. 1 (1) Employment Ordinance (Beschäftigungsverordnung, BeschV), offer global companies operating in Germany the opportunity to deploy their employees who are employed in a branch of the group located in a third country to Germany. In return, they can send their employees in Germany abroad.
It is worth noting here that it is not necessary that the same number of persons be exchanged nor that the nationals be posted to the same country from which the third-country nationals posted in the company originate.
However, it is a prerequisite that the postings take place within a company or group of companies and have a duration of at least 91 days and a maximum of 3 years. A renewed grant is only possible after a waiting period of 6 months has elapsed.
However, an international exchange of personnel requires comprehensive organisational preparation in advance. Our lawyers will take care of the application for the necessary ICT Card for you or your employees and clarify all legal issues with the competent authorities and the Federal Employment Agency.
Requirements: International Employment Assignments
International exchange of personnel always requires the approval of the Federal Employment Agency and – in contrast to the ICT card – can also be applied for from within Germany. In addition, there is no priority check when applying.
The following requirements apply for an international exchange of staff:
- Employees must have a university degree which does not necessarily have to be recognised in Germany.
- The employment conditions in Germany must correspond to those for nationals. This requirement is checked in particular if a renewed grant is requested after the waiting period of 6 months.
- In addition to the employee’s CV and a copy of their diploma, a precise job description must be submitted.
Differences with the ICT card – Limits of the ICT Card
The ICT Card offers the possibility of deploying staff employed in third countries in Germany for at least 91 days and up to 3 years without sending staff employed in Germany to a third country in return. However, the ICT Card only applies to managers, specialists, or trainees. In contrast to the international exchange of personnel, the ICT Card also requires a prior period of employment of 6 months in the company.
Schlun & Elseven: Assistance with ICT Card Applications.
As a full-service law firm, we offer comprehensive advice and representation in German immigration and residence law. We are happy to clarify which types of residence permits and employment visas are most beneficial for you and your employees. To ensure smooth communication, we offer our advice in various languages. Please, do not hesitate to contact us if your company requires our legal assistance.
Practice Group: German Business Immigration Law
Practice Group:
German Business Immigration Law
Contact Schlun & Elseven Rechtsanwälte
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
