Posting of employees with non-EU-nationality to other EU-Countries (Van der Elst)

If a German company employs a non-EU citizen, can this company also post its employee to other EU Countries? What are the visa requirements?

Based on the principle of free service provision of all European companies within the entire European market, the European Union has installed a regulation that employees with non-EU-nationality, who are employed in one EU Country and are holding a work permit for this employment, can also be posted by their employer for service provision to other EU countries.

For a period of less than 3 months, for most of the EU Countries, these employees do not need an additional visa. Still, a registration with the relevant authorities might be required.

Should the posting exceed the period of 3 months, then a so called Van-der-Elst Visa needs to be applied for. Within the visa application procedure, the Consulate should only check if:

• the employee is properly employed by the company;
• he is holding a proper work permit for this employment;
• he is supposed to be posted on a service contract to the other EU Member State,

Therefore, no employment market check is supposed to be processed in the other EU Country.

By way of example:

A French company can post its employees to Germany, to provide services to a German company client. § 21 BeschV confirms that no employment marked check must be processed in these cases.

The employment is visa free, if it deos not exceed the period of 3 months (§ 30 Nr. 3 BeschV i. V. m. § 21 BeschV).

In certain work fields, however, the posting of the employee needs to be registered.

Moreover, the employee need to carry a valid A1 form and also tax rulings have to be observed.

The personal registration with the local city hall depends on the circumstances.

Similar situations are given with other EU Countries.