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IMPACT – MEDIUM
What is the change? Legal amendments passed at the beginning of this year in relation to § 31 AufenthV to improve processing times for certain foreign nationals, in particular the provision for processing time restrictions for preapprovals from the Foreigners’ Office where employees previously stayed in Germany, have experienced delays in their implementation due to technical system issues.
What does the change mean? Until German embassies are able to access the information regarding whether a preapproval from the Foreigners’ Office is required due to a previous stay in Germany or measures of terminations were executed, the preapproval of the Foreigners’ Office remains required in all cases, even where the Foreigners’ Offices do not provide feedback within 10 days of submission of the data from the embassy.
Background: The legal amendment, passed in December, allowed foreign nationals who had previously resided in Germany to avoid waiting for work permit preapproval by local immigration authorities, which was previously mandatory. Under the new rule, if local immigration authorities do not respond to the request for approval within 10 days, the German Embassy or consulate is allowed to approve the application.
The Foreigners’ Office has recently confirmed that the rule has not been implemented because German embassies are unable to determine through their computer systems whether preapproval by local authorities is required due to previous stays in Germany.
BAL Analysis: The planned changes were expected to improve processing times by several weeks. BAL is following these developments and will report any changes that will improve processing times. In addition, the Ministry of Foreign Affairs is currently advising non-visa nationals to apply for an entry visa if the individual has not lived in Germany before and has obtained preapproval of the work permit. This is because the Foreigners’ Office may not be able to provide timely appointments for individuals after they arrive in Germany to allow them to start work soon after arrival, which an issued D visa would facilitate. Non-visa nationals should plan accordingly if they need to apply for an entry visa before traveling to Germany.
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.
What is the change? Germany has closed its missions in Ankara and Istanbul, citing evidence of planned attacks against German diplomatic posts.
What does the change mean? Immigration, travel and other consular services have been suspended until the missions reopen.
Background: The decision to close German missions in Turkey Thursday came just days after an attack killed 37 people in Ankara, the Turkish capital. German Foreign Minister Frank-Walter Steinmeier said in a statement that the closures were based on concrete and serious evidence of possible attacks against German missions in Turkey. The German government also closed German schools in Turkey, and said security would be increased at both diplomatic missions and schools.
BAL Analysis: The closures could cause delays for those in need of visas, permits or other immigration services at German diplomatic posts in Turkey. The Foreign Minsitry urged travelers to follow the Federal Foreign Office’s travel and security advice.
What is the change? The German government has passed a legal amendment that eliminates the need to obtain approval of local immigration authorities for certain foreign employees and accompanying family members.
What does the change mean? The change is intended to improve processing times for certain foreign nationals and make it easier for family members to be processed within a close timeframe to the principal applicant.
Background: The new rules apply to foreign nationals in cases where a previous stay in Germany triggered the requirement of obtaining approval of local immigration authorities. Under the new rule, they may obtain expedited processing.
The new rules also apply to family members of foreign employees who generally required approval of local authorities, which made their application process much longer than the principal applicant and prevented them from traveling to Germany together. As BAL reported last year, several jurisdictions have already relaxed this requirement for family members. The rule change by the German government expands this policy nationwide.
BAL Analysis: While the changes aim to streamline procedures, improvements in processing times may not be seen immediately. German consular and Foreign Office staff will need to be trained on the new rules, and at this time they have shifted resources to adjudicate asylum claims, resulting in processing delays.
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.
What is the change? Non-EU nationals applying for work and residence permits or in need of other immigration-related services are continuing to see delays in Germany as authorities have shifted resources toward helping thousands of asylum seekers.
What does the change mean? Applicants should prepare for delays. Visa-exempt nationals – including nationals of Australia, Brazil, Canada, Japan, Singapore, South Korea and the U.S. – may want to consider obtaining an entry visa before traveling to Germany. This option allows visa-exempt nationals to begin working immediately upon arriving in Germany while they wait for a work permit to be processed.
Background: Germany has been experiencing delays for months, as officials have shifted resources toward dealing with the migration crisis. Delays vary from location to location and have persisted into the new year as asylum seekers continue to enter Germany in huge numbers.
BAL Analysis: Non-EU nationals submitting applications for work and residence permits should apply as early as possible. They must also make sure they have completed their application properly and submitted the correct supporting documentation. Applications may receive heightened scrutiny, as German officials grapple with the migration crisis. Visa-exempt nationals should consider applying for and obtaining entry visas abroad in order to be eligible to work in Germany immediately upon arrival. Contact your BAL attorney to discuss the best options for those in need of urgent immigration services in Germany.
What is the change? The salary threshold for EU Blue Card holders will increase beginning Jan. 1.
What does the change mean? The minimum gross annual salary for non-shortage occupations will increase to €49,600 (from €48,400 in 2015). For shortage occupations, the minimum salary will increase to €38,688 (from €37,752 in 2015).
Background: EU Blue Card salaries are indexed annually. For non-shortage occupations, employers who meet the minimum level of income are not required to obtain approval of the Federal Employment Agency for issuance of EU Blue Cards. In shortage occupations, Blue Card applicants usually require approval of the agency, except when the foreign employee holds a German university degree. Shortage occupations include information and communications specialists, engineers, medical doctors and mathematicians.
BAL Analysis: The new salary levels represent a nearly 2.5 percent increase over this year’s thresholds that employers should factor into their 2016 budgets.
What is the change? Germany has implemented new registration rules for landlords and all individuals taking up residence in Germany, including foreign nationals.
What does the change mean? Within two weeks of a tenant moving in or out, a form must be submitted to local authorities signed by the landlord and indicating the name of the tenant and other information. Foreign nationals staying at a hotel for more than three months must also register with local authorities within two weeks.
Background: The new law took effect Nov. 1 and is aimed at better tracking of all residents, including foreign nationals.
BAL Analysis: Companies should be aware of these additional procedures and the steep fines for noncompliance.
The U.S. will conduct interviews of Global Entry candidates at several locations in Germany beginning Oct. 26. The Global Entry program is a trusted traveler program that allows pre-approved, low-risk foreign nationals to use automated clearance kiosks at select airports for faster entry into the U.S.
Interviews dates and locations will be available as follows:
German citizens applying for membership in the Global Entry program must first undergo clearance by the German Federal Police and may then fill out an online application. Applicants who are conditionally approved will receive an email to schedule an interview with U.S. Customs and Border Protection (CBP). Interviewees will be screened and have their biometrics (photo and fingerprints) taken. Additional information for German applicants is available on the CBP’s website.
Global Entry is available to U.S. citizens, U.S. lawful permanent residents, and citizens of Germany, Mexico, the Netherlands, Panama and South Korea. Canadian citizens may enjoy Global Entry benefits through membership in the NEXUS program.
What is the change? Foreign nationals applying for work and residence permits or in need of other immigration-related services may experience significant delays as German authorities devote resources toward helping thousands of asylum seekers.
What does the change mean? Applicants should prepare for delays. Employers may need to adjust timelines and start dates. Visa-exempt nationals – including nationals of Australia, Brazil, Canada, Japan, Singapore, South Korea and the U.S. – may want to consider obtaining an entry visa before traveling to Germany. This option allows visa-exempt nationals to begin working immediately upon arriving in Germany while they wait for a work permit to be processed.
Background: Europe is experiencing a refugee crisis of a magnitude that has not been seen since World War II. Germany is a top destination for hundreds of thousands who are fleeing Syria and other locations in the Middle East and Africa. The surge in asylum seekers has left immigration authorities short-staffed to handle other, more routine matters. Officials have grappled with backlogs over the past couple of months, though initially the delays were more or less consistent with typical seasonal slowdowns. Delays will vary from location to location, and some cities have been hit particularly hard. In Munich, for example, authorities have asked filing agents only to make appointment requests for emergency situations.
BAL Analysis: As Germany is a top destination for refugees, delays should be expected for work and residence permits as immigration authorities try to keep up with the increased workload. Visa-exempt nationals, as described above, should consider applying for and obtaining entry visas abroad in order to be eligible to work in Germany immediately upon arrival. Contact your BAL attorney to discuss the best options for those in need of urgent immigration services in Germany.
What is the change? Germany will lift all labor market restrictions on Croatian nationals beginning July 1.
What does the change mean? Croatian companies will be able to post employees to Germany without restrictions. Croatian workers will have free access to the German labor market, regardless of qualifications.
Background: Germany was among the EU countries that placed restrictions on Croatia’s access to its labor market when Croatia joined the EU in 2013.
Croatian nationals have been allowed to work in Germany with a work permit, and Germany carved out exceptions to its work-permit requirement for trainees, seasonal workers and Croatians with college degrees. Restrictions remained in place for other workers, however, including those in construction, cleaning services and interior decoration. Germany announced this week that it would not extend restrictions, which the country would have been able to do under EU law. Beginning July 1, all restrictions will be lifted.
The German government noted in a statement that it does not anticipate “wage dumping” of Croatian employees because Germany’s €8.50-per-hour minimum-wage law applies to all workers, regardless of nationality.
BAL Analysis: Germany called its decision to lift remaining restrictions on Croatia a “signal” that all EU nationals “should seek work and be free to take up job offers throughout the Union.” While Germany had previously exempted many high-skilled Croatian workers from work-permit requirements, its decision to lift remaining barriers will provide greater access to the German labor market for thousands of Croatian nationals.
What is the change? Germany has launched a program to provide Chinese business travelers visas within 48 hours.
What does the change mean? Chinese business travelers can receive a visa within 48 hours at no additional cost. Applications for business visas previously took about 10 business days to process.
Background: The change is part of broader efforts to reduce wait times for Chinese and German nationals traveling to each other’s countries. After the two countries reached consensus last fall, Germany launched 48-hour approval for business visas for Chinese travelers May 1. China has not yet implemented a corresponding program for German business travelers, but processing times for visit and family visas between the two countries are under discussion and changes may be implemented at some point this year.
BAL Analysis: The change represents a significant improvement in processing times for Chinese nationals traveling to Germany for business. China has not yet implemented a corresponding program, and BAL will continue to monitor whether such a program is forthcoming.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.