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IMPACT – MEDIUM
What is the change? Five German states are allowing foreign workers to obtain family visas for their accompanying family members without prior approval by the Foreigners Office under certain conditions.
What does the change mean? The relaxation of the requirement helps speed the visa process for foreign employees planning to travel with family members, and is currently available in Baden-Württemberg, Berlin, Bremen, Hamburg and Lower Saxony. It may be expanded to all counties in the future.
Background: In 2013, Germany amended its residence regulations to remove the requirement that foreign professionals obtain pre-approval from the Foreigners Office before a German embassy or consulate approved entry visas. While this accelerated procedures for foreign employees, the process remained slow for employees planning to travel with their spouses or minor children, because family visas still needed to be approved by a Foreigners Office in Germany.
The rule applied by the five states remedies this situation.
BAL Analysis: The change simplifies procedures so that foreign employees need not be delayed if they wish to travel to Germany with their families. While the policy only applies to some states, there are plans to further amend German residence regulations to expand the rule country-wide. BAL is following this proposal and will update employers on further changes.
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 © 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.
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