1. Dwyer Legal Knowledge Base
  2. Entry Visa
  3. Schengen C-Visa (for Business and private trips)

When is a C-Visa sufficient and when is a D-visa 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 nd a D-visa a national visa.

As a general rule it can be said that a Schengen or C-Visa is the correct one of the applicant only wants to come for a short while to Germany and if he / she has no prodictive work intentions.

In comparison, a national or D-visa is required if the applicant wants to change his living location for a certail while to Germany and / or has the intention to carry out work.

The below is to give 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

Providing the employer is based in a non-EU-country such final negotiations are typically 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 part of the negotiations and typically 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 typically 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.

Applicant who are not absolutely sure if a C- or a D-visa applies shall are recommended to discuss their case with a lawyer. Should they decide to apply for a C-visa, then they are also  advised to describe the intended activity as detailed as possible withn their applicatiuon letters. Should a C-visa then be granted, then it usually also can 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.