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  3. Schengen C-Visa for business and private trips

When a C-Visa is sufficient and when a D-visa is required?

Whoever applies for a visa for Germany, has to take a decision if he is looking for a C- or a D-visa. A C-Visa is a Schengen visa, while a D-visa a national visa.

As a general rule, a Schengen or C-Visa is the correct choice for the applicant who wants to stay in Germany for a short while and if he or she has no prodictive work intentions.

On the contrary, a national or D-visa is required, if the applicant chooses Germany as his new country of residence and he or she intends to work there.

The below article aims to provide some examples for C- and D-visa situations:

1. Pre-sales activities:

1.1 Pre-sales Meeting only

Typically covered by Business visas

1.2 Proposal Presentation / Defense / Orals

If the employer is based in a non-EU-Country such final negotiations are covered by Business visas (should be highlighted in the visa application)

1.3 Assessment / Due Diligence (not linked to any project; part of the pre-sales cycle for a future, potential project)

Also this is a part of the negotiations and it is covered by Business visas (should be highlighted in the visa application)

1.4 Project specific activities, but before the formal SoW / Contract is signed (e.g. Project preparation and detailed planning that happens in parallel with contract finalization)

Also this is part of the negotiations and is covered by Business visas (should be highlighted in the visa application).

2. Project Preparation:

2.1 Detailed Project Planning and Preparation for a fixed-bid project, once the contract has been signed

If done from Germany, a work permit (D-Visa) is required

2.2 Project Kick-Off for a fixed-bid project by someone who is not formally part of the project team

If done from Germany, a work permit (D-Visa) is required

2.3 Project Kick-Off for a fixed-bid project by someone who is formally part of the project team

If done from Germany, a work permit (D-Visa) is required.

 

3. Project Execution

3.1 Any activity for a time and material project in which our consultants submit timesheets to the customer with their names on it

Work activity (=D-visa required), please note that body leasing is usually not covered by a D-visa

3.2 Any activity for a fixed-bid project (Blueprinting / Training / Testing / Go-Live Support) for a limited period of time (up to 3 weeks)

Work activity (=D-visa required), please note that body leasing is usually not covered by a D-visa

3.3 Any activity for a fixed-bid project (Blueprinting / Training / Testing / Go-Live Support) for a longer period of time (more than 3 weeks)

Work activity (=D-visa required), please note that body leasing is usually not covered by a D-visa

3.4 Project Governance (e.g. SteerCo) participation

If done from Germany, a work permit (D-Visa) is required.

Applicants who are not sure if a C- or a D-visa applies, must discuss their case with a lawyer. If they decide to apply for a C-visa, they also have to describe the intended activity as detailed as possible within their applicatiuon letters. If a C-visa has been granted, it can usually be used as a base for the relevant activity.

 

Please do not hesitate to contact us should you need additional information or support with processing business visa for Germany.

Dwyer Legal Law Firm, Schwanthalerstr. 13, Aufgang IV, 80336 Munich
Tel: +49 (0)89 24 88 14 310, www.dwyer-legal.com

Note: Information provided in this Knowledge Database is for orientation only and not binding.