No registration required for certain noncontinuous stays

IMPACT – MEDIUM

What is the change? German authorities have clarified that a law requiring foreign nationals to register with local authorities within 14 days of arrival applies to those who intend to remain at the same address continuously for at least three months and who keep a separate address outside of Germany.

What does the change mean? Foreign nationals who stay in Germany for more than three months noncontinuously (e.g., those who work in Germany on a long-term project but are frequently traveling in and out of the country) are not required to register with local authorities. Those who stay continuously

• Implementation time frame: Immediate and ongoing.
• Visas/permits affected: Residential registration.
• Who is affected: Foreign employees staying in Germany noncontinuously for three months or longer.
• Impact on processing times: The process of relocating or moving in Germany will become easier for some, as it was previously necessary to obtain a landlord’s signature and submit a form with local authorities in order to be in compliance with registration requirements.
• Business impact: The change eases the burden on employers in some cases, especially those who lease accommodations for employees.

Background: Last year, Germany implemented new registration rules for individuals taking up residence in Germany, including foreign nationals, for three months or more. The legislation left it unclear whether the rules applied to foreign workers who resided in Germany noncontinuously for more than three months. This posed challenges for, among others, employees who would move to Germany for a project but leave the country frequently. German authorities have now clarified that the registration requirements only apply to those who remain at the same address continuously for at least three months.

BAL Analysis: The clarification is welcome news to employees who move to Germany but leave the country frequently on business or for other reasons. Anyone with questions about whether they are subject to the registration requirements, however, should contact their BAL professional. Those who are required to register but fail to do so are subject to fines of up to €1,000.

This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.

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