Previously, third-country nationals seeking to use the Van der Elst process were required by the German government to provide a local employment contract with the German company that would receive their services. However, officials from the Federal Ministry of the Interior, Federal Ministry of Labor and Social Affairs, and Federal Foreign Office have announced that these local employment contracts should no longer be required.

Visa-exempt third country nationals should remember that since June 2013, they are no longer required to obtain a Van der Elst visa if their entire stay in Germany will not exceed three months within a one year period, and if they are a holder of a long-term residence permit issued by an EU member state that is accordance with EU directive 2003/109/EC.

Additionally, it should be kept in mind that although this change has been confirmed by German federal officials, it may have not been communicated to all German consular posts and local alien offices yet. Any third-country nationals who are planning to utilize the Van der Elst process without providing a local employment contract should prepare themselves for close questioning at consular posts and local alien offices.

Please note that this is general information only and not intended as advice on a specific matter. Please contact Fakhoury Global Immigration directly with questions exclusive to your situation.


Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.