CEO Visa Germany

Section 3 of the Employment Ordinance defines three groups of professionals eligible for the CEO visa. The applicable category determines the requirements and, in one case, the scope of entry rights available before the full long-term permit is obtained.

The first category covers employees who hold genuine managerial authority within a German company: senior employees with independent decision-making powers over personnel and operations, such as department heads in larger organizations or regional directors. The word “executive” refers to the authority the individual actually exercises – an employee with the title of director but without corresponding decision-making powers does not qualify.

This is the category most commonly used in practice. It covers individuals legally authorized to represent the company externally – most importantly, the managing director (Geschäftsführer) of a German limited liability company (GmbH, Gesellschaft mit beschränkter Haftung) and board members of a German public limited company (Aktiengesellschaft, AG). For companies establishing or operating a German subsidiary with a non-EU national serving as managing director, this is the standard CEO visa category. Appointment to the role and registration in the German commercial register (Handelsregister) are typically central to these applications. For further details on appointing a foreign director to a GmbH, including corporate law requirements, see our foreign director appointment guidance.

The third category applies to individuals who possess particular, above all company-specific, knowledge relevant to a qualified employment position in Germany. Courts have defined a company specialist as a person whose expertise is specifically and particularly valuable to the employer — not a skilled professional in general terms, but someone whose knowledge of the company’s systems, processes, products, or markets gives them a distinctly important role that could not easily be filled from the domestic labor market (Administrative Court of Appeal Mannheim, October 4, 2022, 11 S 3478/21). Company specialists do not benefit from the short-term deemed non-employment provision available to the other two categories and require the full long-term permit from the outset.

Executive staff and governing body members falling under the first two categories of Section 3 of the Employment Ordinance benefit from a deemed non-employment provision under Section 30 No. 1 of the Employment Ordinance. Activities performed in this capacity for up to 90 days within any 180-day period are not classified as employment under German immigration law – meaning the individual can enter Germany on a standard Schengen visa and perform their executive or representative functions without a separate work permit.

This provision is relevant for managing directors of German subsidiaries who remain primarily based abroad, for executives conducting establishment activities during the early phases of a German market entry, and for short-term assignment scenarios where a full residence permit would be disproportionate. The 90-day window is calculated across the Schengen Area as a whole, not for Germany alone. Where the stay will exceed 90 days, where the executive falls within the company specialist category, or where the nature of the work constitutes ongoing employment, the long-term route is required.

For executives relocating to Germany on an ongoing basis, the legal basis is Section 19c(1) of the German Residence Act in conjunction with Section 3 of the Employment Ordinance. Section 19c(1) also provides the legal basis for other employment-based residence permits, including the residence permit for remote work with a foreign employer, applications to executive staff, governing body members, and company specialists. This is a discretionary permit – the authorities are not obligated to grant it but may do so where the requirements are met, and no grounds for refusal exist.

An executive based outside Germany will typically first apply for a national visa (Category D) at the German embassy or consulate with jurisdiction over their place of residence. Once in Germany, that visa is converted into a residence permit (Aufenthaltserlaubnis) at the local foreigners authority. Citizens of certain countries – including the United States, Canada, Australia, the United Kingdom, Japan, South Korea, and New Zealand – may enter without a national visa and apply for the residence permit directly from within Germany.

The duration of the residence permit is linked to the employment contract. Where the contract is permanent, the permit is issued for four years under Section 18(4) of the German Residence Act. Fixed-term contracts result in permits of matching duration. Extensions at the foreigners’ authority are straightforward as long as the employment relationship continues.

Identifying the correct route from the outset is one of the most important decisions in any executive relocation. The table below sets out the key differences between the three routes most commonly relevant to companies bringing senior professionals to Germany.

CEO visa vs. EU Blue Card: For executives with a university degree recognized in Germany and a salary of at least €50,700 gross annually – the 2026 standard threshold under Section 18g of the German Residence Act – the EU Blue Card is almost always the better option. It requires no Federal Employment Agency approval at the standard threshold, offers significantly faster access to permanent residence (21 months with B1-level German proficiency, or 27 months without), can be renewed, and provides greater employment flexibility. The CEO visa is the right route when the Blue Card requirements cannot be met: typically, when the executive’s degree is not recognized in Germany, or when the role does not correspond to a standard skilled worker occupation.

CEO visa vs. business visa: The business visa under Section 16 of the Employment Ordinance covers short-term activities not classified as employment: attending meetings and negotiations, concluding contracts, monitoring contract performance, and establishing or overseeing German operations for a foreign employer for up to 90 days within 180. Where an executive’s activities fall within Section 16, the business visa is the more straightforward route. The CEO visa is required when the executive will actually manage and work in Germany on an ongoing basis. Misclassifying ongoing management activity as business travel can constitute unauthorized employment, which carries significant administrative and potentially criminal penalties for both the company and the individuals involved.

Our lawyers assess all available routes for each individual case and will identify the most efficient pathway from the outset.

The central requirements for the long-term CEO visa are as follows. The applicable requirements vary depending on the category of applicant and whether the application is submitted at a German embassy or consulate abroad or at the foreigners’ authority in Germany.

The applicant must fall within one of the three categories defined in Section 3 of the Employment Ordinance. The position must be genuine and substantive – not merely a title assigned on paper. The applicant must possess the skills, experience, and knowledge to actually exercise the management or specialist function in Germany. Federal Employment Agency approval is required under Section 18(2) No. 2 of the German Residence Act; the Agency assesses whether the terms of employment correspond to those applicable to comparable domestic employees. Standard general requirements under Section 5 of the German Residence Act must also be met: a valid passport, adequate health insurance, sufficient accommodation, no grounds for expulsion, no entry ban, and no ongoing criminal proceedings that would give rise to a ground for refusal.

CEO visa applications are subject to greater scrutiny from German immigration authorities than most other employment-based visa categories. Because the CEO visa does not require recognized qualifications, it is sometimes used – or attempted – as a route to circumvent the qualification recognition requirements that apply to standard skilled worker visas. The authorities are aware of this and examine applications accordingly.

The central question in every CEO visa application is whether the position is genuine. A purely formal appointment is not sufficient. German courts have consistently held that the applicant must actually be intended to exercise the managerial or representative function with real authority – not merely hold the title on paper. Key criteria identified by the courts include the authority to make independent personnel decisions, a general power of attorney (Generalvollmacht) or commercial power of representation (Prokura), and the essentially independent performance of executive duties (Higher Administrative Court Koblenz, January 13, 2020, 7 B 11770/19.OVG).

For companies, this means the employment contract is the most important document in the application. A boilerplate managing director service agreement that does not specify the executive’s actual authority is a common reason for refusal. The contract must clearly set out what the executive is authorized to do – hire and dismiss employees, enter into contracts on the company’s behalf, and act as its legal representative – and the executive’s CV must demonstrate the background to exercise those powers in practice. Salary is also scrutinized: while no minimum applies in law, a salary low relative to a genuine senior executive role will be treated as an indicator that the position is not substantive and is likely to result in refusal.

The core documents required for most CEO visa applications are as follows:

• Valid passport: at least three months’ validity beyond the planned departure date, at least two blank pages, issued within the previous ten years
• Completed application form: the VIDEX online form for applications at German missions abroad; the relevant authority form for domestic applications
• Signed employment contract in German or English, setting out the applicant’s position, authority, salary, and duration of employment in sufficient detail to demonstrate the genuineness of the role
• Detailed curriculum vitae demonstrating the applicant’s capacity to fill the position claimed
• Completed declaration regarding the employment relationship for the Federal Employment Agency
• For governing body members: a current commercial register extract and, where applicable, power of attorney documentation
• For company specialists: a written employer statement explaining the applicant’s specific expertise and its particular relevance to the role
• Proof of adequate health insurance meeting German standards
• Biometric passport photograph

Where the application is submitted by an authorized representative, a signed power of attorney is required. Where the applicant’s name in the supporting documents differs from the name in the passport, a certificate of name change must be provided.

Applications from outside Germany are submitted to the German embassy or consulate with jurisdiction for the applicant’s place of residence. Applications from within Germany are submitted to the local foreigners authority (Ausländerbehörde). CEO visa applications are generally given priority for processing by the authorities. Processing time typically ranges from one to four months.

1. Assess the correct visa category and compare available routes (CEO visa, EU Blue Card, ICT Card)
2. Review and, where necessary, redraft the employment contract to substantiate genuine managerial authority
3. Prepare the full application package, including the Federal Employment Agency declaration and supporting documents
4. Submit for Federal Employment Agency approval (long-term route)
5. Submit the national visa application at the German embassy or consulate (applicants outside Germany) or directly at the foreigners authority (eligible nationalities within Germany)
6. Enter Germany on the national visa and apply for the residence permit conversion at the local foreigners’ authority

Where an application has been pending for more than three months, an action for failure to act (Untätigkeitsklage) can be filed before the administrative court under Section 75 of the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung, VwGO) to compel a decision. Where a CEO visa extension application is filed before the current permit expires, the right of residence and authorization to work continue during processing under Section 81(4) of the German Residence Act, and the foreigners authority must issue a fiction certificate (Fiktionsbescheinigung) confirming this status.

Fees: €75 for a national visa (Category D) applied for at a German mission abroad; €100 for a residence permit applied for domestically. Translation, certification, and legal fees may also apply.

The CEO visa authorizes the holder to work for the specific employer and in the specific role for which it is issued. The scope of authorized employment is set out in the supplementary provisions on the residence permit card or in a separate supplementary sheet. Other employment is generally not permitted without additional authorization under Section 4a(2) of the German Residence Act.

Family reunification is available to CEO visa holders under Section 29(1) of the German Residence Act. Spouses and minor children can join the visa holder in Germany, and admitted family members are permitted to work without additional employment restrictions. One important distinction from the EU Blue Card: spouses of CEO visa holders are generally required to demonstrate at least basic German language proficiency at A1 level (a foundational conversational standard under the Common European Framework of Reference for Languages, CEFR) before receiving a family reunification visa. This requirement does not apply to spouses of EU Blue Card holders. Since March 2024, parental and step-parental reunification with an adult child is also possible under the conditions of Section 36(3) of the German Residence Act.

Stays abroad of up to six months do not cause the permit to lapse under Section 51(1) No. 7 of the German Residence Act. The permit will expire before the six-month mark; however, if the departure is not temporary in nature, the primary legal indicator is the deregistration of the holder’s German registered address (Abmeldung). Executives who spend extended periods outside Germany should maintain their German registration throughout.

Attending university, language courses, or other educational programs is permitted with a CEO visa without any additional authorization.

After five years of lawful residence, CEO visa holders may apply for a permanent settlement permit (Niederlassungserlaubnis) under Section 9 and Section 9a of the German Residence Act, subject to the standard requirements: adequate German language proficiency, the ability to support oneself and dependents without recourse to public funds, and no grounds for refusal. The preferential early settlement route for skilled workers under Section 18c of the German Residence Act does not apply to the CEO visa, making early planning around language proficiency and pension contribution records advisable from the outset.

German naturalization is available under Section 10 of the German Nationality Act (Staatsangehörigkeitsgesetz, StAG). The general residence requirement is five years, and dual citizenship is permitted under current German nationality law following the 2024 reform.