Sending employees to other EU countries

Can an employer in Germany send an employee with non-EU citizenship to other EU countries? If possible, what are the requirements to obtain a visa? In this article from Wise Business Group, we will talk about visa applications for sending employees with non-EU citizenship from Germany to other EU countries.

Sending employees with non-EU citizenship to other EU countries (Van der Elst)

Question: If a German company hires a non-EU citizen, can it also send the employee to other EU countries? What are the visa requirements?

The answer: Based on the principle of the free provision of services by European companies in the European market, the European Union has established regulations that employees with non-EU citizenship who are employed in an EU country and have a work permit for this employment can also be sent to other EU countries by their employer to provide services.

Visa requirements: In most EU countries, these employees do not need an additional visa for less than three months. However, they may be required to register with the relevant authorities of the target country.

If the duration of dispatching exceeds three months, the employee must apply for a Van der Elst visa. 

Applying for a Van der Elst visa in Germany

During the Van der Elst visa application process in Germany, the consulate only needs to check that:

• The company has duly employed the employee in Germany.
• •The employee has the appropriate work permit for this employment in Germany.
• The employee is supposed to be sent to another EU member state under a service contract.

Therefore, no one should check the labor market in another EU country.

Example for sending employees to other EU countries

A French company can send its employees to Germany to provide services to a customer of a German company. Paragraph 21 of the Employment Ordinance in Germany (§ 21 BeschV) confirms that processing the legal claims under labor and immigration law isnot required. 

• Employment is visa-free for less than three months (§ 30 Nr. 3 BeschV i.V. m. § 21 BeschV). 
• However, one should record the employee’s post in particular business contexts.
• In addition, the employee must carry a valid A1 form. They must also follow the tax laws. 
• Personal registration in the local municipality depends on the conditions.

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