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IMPACT – MEDIUM
What is the change? The German Cabinet has approved a new family reunification law.
What does the change mean? The law will allow migrants with “subsidiary” status to bring family members to Germany. It imposes a monthly cap of 1,000 on the number of migrants arriving in the country to join family members in this category and gives priority to certain humanitarian cases, including those involving young children, sick family members, or political persecution.
Background: The framework for the new law was agreed to when Germany’s two largest political parties negotiated plans for another grand coalition government earlier this year. In developing the law, officials aimed to strike a balance between humanitarian concerns and Germany’s capacity to receive more new migrants. The law only allows migrants to bring their immediate family members, i.e., their spouses, unmarried minor children or, in certain cases, their parents. Provisions have been put in place to allow only spouses who were married before their husband or wife left for Germany and to bar family members found to have committed a serious crime. Furthermore, the family member already living in Germany should not expect to exit Germany in the near future.
BAL Analysis: The new law will not affect business immigration programs, but is an indicator of the new government’s position on a key immigration issue. The government is expected to introduce other immigration changes, including measures to reduce processing times for recognition of foreign degrees and remove labor market testing requirements in areas with relatively low unemployment. BAL will continue following developments in Germany and will alert clients to any significant immigration changes.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Applicants are experiencing significant delays in preapprovals for Intra-Company Transfer cards in Germany.
What does the change mean? Preapproval processing times for ICT cards is estimated at eight to 12 weeks, according to a statement from German authorities. This is a significant delay in processing, which usually takes two to four weeks.
Background: Germany implemented the European Union’s ICT Directive last year. Only employees with at least six months of experience in a corporate group are eligible to apply for ICT cards. Assignments for ICT card holders cannot be longer than three years for managers and specialists or longer than one year for trainees. ICT card applicants must apply for the cards before traveling to Germany.
Earlier this year, German authorities experienced delays in issuing ICT cards due to a system integration error. Authorities settled on an interim solution, but applicants continue to experience delays.
BAL Analysis: Employers should anticipate delays in the issuance of ICT cards for non-EU/EEA intra-company transfers. Other permit categories for non-EU/EEA intracompany transfers may be preferable, depending on transferees’ nationality, length of stay and the activities they will conduct while in Germany. Employers should consult with BAL to determine which option is best for any employees they are transferring or posting to Germany.
What is the change? Visa applicants at the German Consulate in Bangalore are experiencing delays due to an increased number of visa applications.
What does the change mean? The German Consulate alerted applicants that wait times for visa appointments at the consulate could exceed four weeks. Currently, visa appointments appear to be booked through June. Visa applicants at the consulate should expect delays and plan accordingly.
BAL Analysis: Those in need of visa services should expect delays as described above. Applicants are encouraged to plan their travel well in advance to accommodate the extended wait times.
What is the change? Visa applicants at the German Embassy in Cairo are experiencing delays due to an increased number of visa applications.
What does the change mean? Currently, visa appointments at the German Embassy in Cairo appear to be booked through May, indicating an increase in wait times. Those submitting visa applications at the embassy should expect delays and plan accordingly.
What is the change? German authorities have indicated that they will stop issuing specialist permits to intracompany transferees except in cases where the assignee will work in Germany for 90 days or less. Assignees intending to remain in Germany for more than 90 days will be required to obtain an ICT card issued pursuant to the EU’s 2014 Intra-Corporate Transferees Directive.
What does the change mean? Intracompany transferees who up until now had the option of applying for a specialist permit will instead be required to apply for an ICT card. The ICT card process requires additional documentation and applicants may experience delays because of an ongoing system integration error with the issuance of ICT cards.
Background: Germany implemented the EU’s ICT directive in August 2017. Initially, intracompany transferees had the option of applying for the new ICT cards or specialist permits as they had done before the directive was implemented.
Authorities have now issued internal guidance that ICTs who will be working in Germany for more than 90 days will be required to obtain an ICT card and not a specialist permit. Employers are required to provide additional documentation for ICT cards, including a completed standardized form confirming that the employee has continuous unlimited employment with the home country entity. (The minimum tenure is six months for an ICT card and one year for a specialist permit.)
German authorities are currently not issuing ICT cards because of a technical problem. Applicants instead are receiving hardcopy interim permits that they can use until the ICT card system is operating. Applicants should expect the possibility of delays in the issuance of interim permits and a backlog after ICT cards become available again.
BAL Analysis: Assignees coming to Germany from outside the EU will be required to apply for ICT cards if their intended stay will be for more than 90 days. Those coming for 90 days or less can continue applying for specialist permits. Current specialist permit holders are not affected by the change and will likely be able to apply to renew their specialist permit even if they intend to remain in Germany more than 90 days.
Germany’s two largest political parties have formally agreed to begin another grand coalition government, with Angela Merkel poised to begin her fourth term as the country’s chancellor. The agreement forged between Merkel’s Christian Democratic Union (CDU) and the Social Democratic Party (SPD) is expected to pave the way for new immigration policies.
The two sides agreed:
Background: Although Merkel won a fourth term as Germany’s chancellor in September, the victory was dampened by a weak showing for her party and a stronger than expected finish for the far-right Alternative für Deutschland, which will now become the biggest opposition party. The CDU-SPD discussions only began after talks between the CDU and the business-friendly Free Democrats and the Greens fell apart last fall. The CDU-SPD coalition agreement was finalized with a favorable vote by the SPD’s rank-and-file members.
BAL Analysis: The new government is preparing to take control this month, with Parliament expected to choose Merkel as chancellor March 14. The agreement offers an indication of what policies Germany will develop on immigration. BAL will continue to follow matters in Germany and will alert clients to any significant changes.
What is the change? Foreign authorities in Germany are not issuing German Intra-Corporate Transfer cards because of a system integration error.
What does the change mean? Due to the error, German foreign authorities are not issuing ICT cards or Mobile ICT cards. As an interim solution, eligible non-EU/EEA nationals may receive an interim letter or permit that is valid for six months and may be extended.
Background: Germany implemented the European Union’s ICT Directive last year, creating two new work permit categories for non-EU/EEA nationals who are transferred within the same corporate group to Germany. Only employees with at least six months of experience in the corporate group are eligible to apply. Assignments in Germany cannot be longer than three years for managers and specialists or longer than one year for trainees. ICT card applicants must apply for the cards before traveling to Germany. Mobile ICT cards are available to holders of ICT cards issued by other EU countries who intend to work in Germany for more than 90 days in a 180-day period.
BAL Analysis: Employers should anticipate delays in issuance of interim permits for non-EU/EEA intracompany transfers, as well as delays once the ICT card and Mobile ICT cards are available. Other permit categories for non-EU/EEA intracompany transfers may be preferable, depending on transferees’ nationality, length of stay and the activities they will conduct while in Germany. Employers should consult with BAL to determine which option is best for any employees they are transferring or posting to Germany.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.
Germany’s two largest political parties have entered formal negotiations to renew a “grand coalition,” with the future of Germany’s migration policies hanging in the balance. Formal talks began last week between the Social Democratic Party (SPD) and Angela Merkel’s Christian Democratic Union (CDU) and its sister party, the Christian Social Union (CSU). The two sides agreed to a blueprint for negotiations earlier this month.
Key Points:
Background: Angela Merkel won a fourth term as Germany’s chancellor in September, but the victory was dampened by a weak showing for her party and a stronger than expected finish for the far-right Alternative für Deutschland. SPD also had a relatively weak showing in the election and initially said it would move into opposition rather than join a coalition government. The CDU/CSU-SPD talks only began after talks between the CDU/CSU and the business-friendly Free Democrats and the Greens fell apart last fall. The BBC has reported that Merkel would like to see the current round of negotiations wrapped up by Feb. 12.
BAL Analysis: The negotiations over the next couple of weeks could offer strong indications of what policies Germany might develop on immigration, for high-skilled immigrants, refugees and their family members. BAL will continue to follow matters in Germany and will alert clients to any significant changes.
IMPACT – LOW
What is the change? Applicants are facing delays at the Foreigners Office in Munich due to a staffing shortage.
What does the change mean? Applicants in Munich should expect delays, particularly for permanent residence applications, applications for family dependents, and early-filed applications to extend permits. Walk-ins are being accepted in urgent cases where an individual is changing employers, a new employment is in place or a permit is expiring soon.
BAL Analysis: The delays affect applications in Munich only. Employers and individuals should factor in the delays when planning business schedules.
This alert has been provided by the BAL Global Practice group and our network provider located in Germany. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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
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.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.