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Business Traveller — No German Employment Relationship

GermanyWork

Explore the five recorded questions, answers and sources for this pathway.

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

The pathway is designed for persons who are employed abroad in the commercial sector by an employer seated in Germany, or who conduct meetings, negotiations, draw up contractual offers, conclude contracts, or monitor contractual performance in Germany for an employer seated abroad, or who establish, supervise or manage a German part of a company for an employer seated abroad, while maintaining habitual residence abroad and not staying in Germany for more than 90 days within a period of 180 days.

See recorded sources
  • Section 16
    No approval is required for the issuance of a residence title to persons who 1.  are employed abroad in the commercial sector by an employer seated in Germany, 2.  conduct meetings or negotiations in Germany for an employer seated abroad, draw up contractual offers, conclude contracts or monitor the performance of a contractual agreement, or 3.  establish, supervise or manage a German part of a company for an employer seated abroad, and who, in the course of their employment, while maintaining their habitual residence abroad, do not stay in Germany for a total of more than 90 days within a period of 180 days.

Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

The applicant must have an employer relationship: either employed abroad by an employer seated in Germany, or working for an employer seated abroad in the specified activities. The employer's seat and the nature of the employment relationship are important.

See recorded sources
  • Section 16
    are employed abroad in the commercial sector by an employer seated in Germany, 2.  conduct meetings or negotiations in Germany for an employer seated abroad, draw up contractual offers, conclude contracts or monitor the performance of a contractual agreement, or 3.  establish, supervise or manage a German part of a company for an employer seated abroad

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

The decisive features are that the person is employed abroad (commercial staff of a German-seated employer, or working for an employer seated abroad conducting meetings or negotiations, contracts, or setting up or managing a German part of the company), keeps habitual residence abroad and stays no more than 90 days within 180 days; no Federal Employment Agency (BA) approval is required.

See recorded sources
  • https://www.gesetze-im-internet.de/englisch_beschv/englisch_beschv.html
    Section 16 Business travellers No approval is required for the issuance of a residence title to persons who 1.  are employed abroad in the commercial sector by an employer seated in Germany, 2.  conduct meetings or negotiations in Germany for an employer seated abroad, draw up contractual offers, conclude contracts or monitor the performance of a contractual agreement, or 3.  establish, supervise or manage a German part of a company for an employer seated abroad, and who, in the course of their employment, while maintaining their habitual residence abroad, do not stay in Germany for a total of more than 90 days within a period of 180 days.

What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

The checked official sources did not provide enough route-specific evidence to confirm the work allowed, any tie to employer or sector and family accompaniment.

See recorded sources
Limits of the record
  • Searched BeschV s.16 (the only source text for Business Travellers); the whole section is already cited by the certain R1/R2/R5 answers of this via. No other extraction states work rights, employer ties or family accompaniment for business travellers.

How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if officially stated?

The permission is for a stay of no more than 90 days within a period of 180 days. The official source does not state renewal or a longer-term residence direction.

See recorded sources
Limits of the record
  • Renewal and longer-term residence direction are not mentioned in the supplied document.
  • Section 16
    do not stay in Germany for a total of more than 90 days within a period of 180 days

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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