Work and residence permit for US-based position

Hello,

So, I am looking at taking a position with a US company that has no presence in Germany, or the EU for that matter. However, they desire to have someone there...

They do not plan to open an office, I'd probably be paid as a contractor such that they need not involve themselves in tax with holding or insurance.

Anyone have experience getting a work / residence permit for this sort of thing? Would a letter from the employer stating that I am assigned to Germany for proximity to customers be sufficient?

--phil

Shouldn't your emplyer look at doing this for you?

Quite possibly, but they will also likely have no experience doing this.

This is exactly why I'm asking. If I can do some of the research, maybe i can make it easier for myself and my employer.

--phil

If your company is serious about this undertaking, maybe they should just hire a lawyer...

Yes, they certainly should. I'm just doing my due diligence.

I appreciate the responses, folks, but please think twice about replying if you're only going to overstate the obvious.

No disrespect, of course. Just trying to keep the thread useful.

--phil

OK Pheller, I get that in your mind it is "overstating the obvious", but to those of those not "in the know", you come on here asking about work permits for:

A) A company who does not have a domicile in Germany
Does not have a domicile in the EU
C) Does not plan to open a domicile in Germany or anywhere else in the EU
D) Wants to pay you as an independent contractor
E) Wants to avoid tax holdings and insurance

This not the same as the run-of-the-mill questions such as, "I am married to a German, blah blah" which is a fairly common issue that numerous people on the site have personal experience with.

Rather, this is a fairly complicated issue that could trigger a variety of legal issues. Therefore, with your best interest in mind, you are advised that it may be best to consult with an attorney to ensure that you can sucessfully navigate the red-tape nightmare that is Germany instead of relying on advice from a thread at TT. You then respond in a condescending manner accusing the forum of "overstating the obvious."

Well, how about YOU do what is obvious and contact an attorney. Then, you can rest assured that you are not going to violate any statutory requirements on foreign workers.

If my opinion on the matter did not help in your search for "due dilligence", you could have ignored it and waited for other responses instead of climbing up on your high-horse and chastising someone for responding to your query with their best idea to resolve your situation.

There are relocation companies, and people, who specialize in helping out in situations like this. PM me if you want more information.

Woah woah woah.

I really meant no disrespect, and I appreciated the response. But, in the interest of not growing the thread with more of the same, I was only looking to narrow responses to those who might have had previous experience in a similar scenario.

And what do you do? You snap at me.

If you felt I was chastising you, I'm sorry. That was not my intention.

--phil

Phil- if you'e an American, just go to the KVR with some sort of business plan about what you want to do here, if it's a full-time situation (40 hours a week), they'll send it off to the Chamber of Commerce (IHK). You'll get a response in about a month (tops), and they'll give you a residence permit for 2 years under the basis of self-employment. They might even skip the Chamber of Commerce part and give it to you straight away, but you need to bring in some sort of plan (in German). This is what I did and I can start up my business here as a GbR (private proprietorship).
If you're working as a private contractor for German companies, you'll have to pay taxes in Germany.. during this whole process they'll send you to the Finanzamt (Finance and Tax office) to give you a German tax number.. so you can't escape that one

Phil, I agree that you will have to go to the KVR and see what they tell you. Then go the next day so you can talk to someone else, who will tell you something completely different.

The sad situation is that absolutely everything seems to be done on a case-by-case basis when it comes to work and residency permits, and some of it seems to be pretty subjective, as well. Since you don't have a common or simple case, even if someone else on TT has a situation vaguely like it, you can't count on being treated the same way they were.

Better yet, explain to your would-be employer that the red tape is such that they really need to hire an employment lawyer to sort out your situation (as someone previously recommended.) You're likely to be told that at the KVR anyway.

It's nice for your employer that you are willing to try to do some research on the matter, but I think some of the others are trying to say that you might not be successful on your own, in the apparent absence of cut-and-dried policies.

Good luck!

Thanks for the suggestions folks.

Certainly, the easiest way is to just marry my German fiancée, but I figured it wouldn't hurt to investigate all avenues first.

I'll talk with a Lawyer and have the company do the same.

Regards,

--phil

pheller - You are doing the right thing about checking into this first before going to the KVR. The KVR is one of the most incompetent bunch of twats I have ever had the unfortunate pleasure of dealing with. Life in that dead end job is so depressing that the only way they seem to be able to keep from offing themselves is to make themselves feel important by putting you through their version of hell on Earth.

If I were you, I would contact any sort of placement agency etc and try to get them to either do it for you or something along those lines. I only make such comments because my job is not one that they obviously deal with on a regular basis (ie non EU attorney working in Germany). It appears that your situation is a bit out of the norm also, so beware!

From personal experience, you should go this route...a lot more fun also

@phil...You have described my situation exactly. My company sent me and my coworker over here as "consultants" to avoid paying German business taxes, etc. My initial work/residence permit was limited to working for my company.

You will most likely be asked for your work contract (in English is okay but maybe a good idea to specify that you are being employed for your specific skill), lease agreement, proof of health insurance (expensive so make sure someone is compensating you for it), passport photo, passport, business plan (short and sweet is okay), and probably a couple of dumb things I can't remember.

It was a small headache for me but I managed. If your company will take care of the details, thru a German lawyer, so much the better. As an American who can show he/she can support themself you should have NO problem getting a permit altho it will be limited to working for only your company.

If you're convinced you'll only be here for one year I wouldn't even register with the Finanzamt as they and the KVR don't talk to each other. If staying longer get a tax advisor ASAP and get on the tax prepayment schedule...do as i say not as I have done!

good luck,

kit

Hello! My fiance and I are in a similar boat. We're both working as contractors telecommuting to our jobs in the US- only the decision to move to Germany is ours, not the company's. Our funds are also deposited into our bank account in USD. We're moving to Germany in a month so I can go to language school but we will likely want to stay for a year or longer if possible. My question is- Will we be able to get a residence permit if we have jobs that are not related to working in Germany? Also, do I need to get some kind of visa in addition to the residence permit? I suppose I can get a student visa, but that won't work for my other half who just wants to live there, not study, and I understand that it won't work for me once my schooling is over. We're not taking Berlin jobs so I figured it wouldn't be too large of a problem, but I just want to make sure everything is arranged so I know what I'm doing once I get there. Also- do I need health insurance as a student? Do I need health insurance as a contractor? As a US citizen and contractor, I've become really used to just duct-taping anything that breaks. Thanks everyone for their advice! I will continue trolling the forums like crazy for information for the next 27 days (;

Toytown Germany > Discussion forum > German themes > Visas and permits ... German Embassy in Washington, D.C. Visa Information

Hi! Thanks! I've been to these sites but they only go over two kinds of residence permits: one for work, and one for study. Is there a kind if you're not doing either? Thanks in advance!