Visa
A visa is a residence permit issued by a diplomatic mission (embassy or consulate) abroad. Under exceptional circumstances, visas may be renewed within Germany; typically, however, visa holders who have entered Germany and fulfil the necessary requirements may, depending on the particular case, be granted a temporary residence permit or permanent settlement permit. Requiring a visa allows the authorities to make sure the visa applicant meets the requirements for entry before he or she enters Germany. If the visa applicant intends to take up gainful employment or to stay longer than three months, the German embassy or consulate automatically notifies the relevant foreigners authority; if the applicant intends to work in Germany, the employment agency is also notified unless one of the legally defined exceptions applies. It is therefore important to clearly state the purpose of the intended stay so that the proper procedure can be carried out. After the visa holder has entered Germany, only in exceptional cases may he or she be issued a residence permit for a different purpose than the one for which the visa was granted.
The countries whose nationals require a visa for short-term stays (i. e. stays of up to three months) even if they do not intend to stay longer than three months in the territory of the Schengen states and do not intend to take up gainful employment, are determined on the basis of European law, i. e. Regulation no. 539/2001. Further information on visa requirements can be found on the website of the Foreign Office. In principle, all non-EU citizens intending to stay longer than three months or to work in Germany must have a visa except for citizens of Australia, Canada, Israel, Japan, New Zealand, South Korea and the United States. Citizens of these countries do not need a visa to enter Germany for longer than three months or with an intent to work, but must apply for a residence permit no later than three months after entering the country and may not begin working until they have been issued the appropriate residence permit. Citizens of these countries may however apply for a visa before entering Germany, if they require legal certainty before moving that their stay will be permitted, or if they want to begin working immediately after entering Germany, in which case permission can be granted with the visa.
Certain types of economic activity do not count as paid work in this context; the details are regulated in an ordinance. For example, a business traveller who enters Germany for a definite period of time in order to conduct meetings or negotiations or to represent his or her company at a trade fair is not regarded in the legal sense as working in Germany even though, strictly speaking, he or she is working while on German territory when conducting his or her business. In case of uncertainty, German diplomatic missions abroad or foreigners authorities can provide information as to whether the intended activity is regarded as working in Germany and thus requires a work permit.