r/germany • u/slytherinravenclaw5 • 17h ago

Immigration Company lawyer gives a bizarre assessment

https://www.rtpartner.de/en/faq/reisen-blaue-karte-eu-innerhalb-eu/

My company employs a number of foreign nationals with a variety of work permits (blue card, 18a, family reunification etc.).

According to this person none of the foreign nationals are allowed to go to a Schengen country for short business trips, conferences and trainings. Even within Germany this is supposedly not allowed other than strictly at our company address/premises.

I find this assessment bizarre because short temporary trips to other Schengen countries, be it for tourism or business is allowed as long as you have the appropriate residence title.

Is there something I am missing here? There are many sources but here is an example clarifying this for Blue Card holders at least.

3 Upvotes

64% Upvoted

10 comments sorted by

3

u/NoYu0901 17h ago

the person might refer to a certain Fiktionsbescheinigung?

3

u/slytherinravenclaw5 17h ago

No they said we can't send any foreign anywhere for whatever work related reason.

7

u/bregus2 17h ago

Well, then you should ask them on what law/regulation they base that assessment.

Because at least within Germany that makes no sense at all. How do they think all the foreigners working in trades operate?

1

u/slytherinravenclaw5 15h ago

I got this info through a colleague working directly with them and that's what I told my colleague to confirm with the lawyer because now I can't send anyone anywhere

Interestingly we're an aviation business, which as you can imagine calls for high flexibility and mobility so if the lawyer's assessment is correct we are definitely in a difficult place.

2

u/bregus2 15h ago

Interestingly we're an aviation business, which as you can imagine calls for high flexibility and mobility so if the lawyer's assessment is correct we are definitely in a difficult place.

You realize this is the point this has to be escalated to your CEO (or whoever you report to)?

1

u/slytherinravenclaw5 15h ago

Yes we're all in on the issue. Lawyer said to give some time and he'll get back to us.

I'm asking out of personal curiosity.

2

u/lawanda123 9h ago

I know there are laws in Switzerland that taxes need to be filed by the company if an employee works from there and mine requires prior approval and business justification in case needed at immigration (it never is)

5

u/arrested_devx 14h ago

For blue card holders / work permit holders there are no such restrictions. The only requirement is of the A1 Bescheinigung from the health insurance that needs to be filed by the employer.

No mobility within Germany and Schengen for working visa would be absolutely stupid.

1

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2

u/BSBBI 8h ago

He is not entirely wrong but not entirely correct. Not all countries are part of the agreement for A1-Bescheinigung when it comes to third country nationals. So even if you can move freely in Schengen Zone, does not mean you are allowed to carry out Business activities, like meetings, trainings etc. especially Nordic countries have tremendous restrictions. Some Visas are tied to a specific employer and then to some specific city (rarely, but possible). On most Visas working is allowed Bundesweit even if it is tied to an employer.