EU Immigration 101 - Osborne Clarke

1. Belgium France Germany Italy Netherlands Spain UK
Short-Term Assignments
Business
Visitor Visa?
No for stays of
max 90 days in any
180 day period
No for stays of less
than 90 days within a
6-month period
No for stays of max
90 days in any
180-day period
No for stays of max.
90 days within a
6-month period
No for business trips
of max 90 days in a
rolling 180-day period
No for stays of max 90
days in a 180-day period
No for stays of max
6 months in any
12-month period + clearance
stamp required to enter
Permitted activities? Attendance to business
meetings in closed
circles (e.g. client
meetings, board of
director’s meetings)
for max 20 calendar
days per meeting or
60 days/year in total,
scientific congresses
Attendance to
occasional meetings or
meetings with clients
Option to apply for
a ‘Circulation visa –
C Visa’ to carry
out business in
France without
residing in France
Attendance to business
meetings, discussion,
seminars, ‘fact-finding’
meetings, classroom
trainings, attending
meetings with potential
German clients
Attendance to business
meetings, creating new
contacts, contract
negotiations
Attendance to business
meeting and trainings,
purchase and sale of
products, business
transactions and
tenders, attending an
exhibition, conference
or seminar, taking part
in cultural sport events,
diplomatic visit.
Attendance to
business meetings,
conferences
or similar activities.
It is not permitted to
participate in daily
work activities
Attendance to business
meetings, conferences,
negotiation and closure of
contracts. They may provide
training but not directly to
clients
Residence
Permit?
No for stays of
max 90 days in any
180 day period
No for stays of
max 90 days in any
180- day period
Yes, if the purpose is
to gain employment
which will generate
professional income.
US citizens can apply
to the Aliens’
Registration Office after
their arrival in Germany
for a single permit
granting both residency
and work authorization
No, for stays of max.
90 days in any
180-day period
No, for stays of max.
90 days in any
180-day period.
No, for stays of max.
90 days in any
180-day period.
Yes, requirement of a
prior application for a work
authorisation (= Sponsor
license for skilled workers
which allows the employer to
issue a Certificate of
Sponsorship for non-EEA
national workers) >
authorisation to remain on the
UK territory
Sponsor license valid for four
years (+ extension)
US Employees in Europe
Sending US employees to do business in Europe
January 2017
Gavin Jones
Partner, UK
+44 20 7105 7626
gavin.jones@osborneclarke.com
Vinciane Rysselinck
Senior Counsel, Belgium
+32 2 515 93 08
vinciane.rysselinck@osborneclarke.com
US businesses routinely send skilled, professional workers to European jurisdictions, or arrange for these types of workers to travel to Europe for business purposes. Although European rules do provide
scope for business activities to be carried out without always needing formal permission, work authorizations and residency permits remain very much an issue.

2. © Osborne Clarke LLP January 2017. Publication number [00000000]
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Belgium France Germany Italy Netherlands Spain UK
Work permit /
authorization?
No, if employee:
• attends business
meetings in closed
circles for 20 days
max. per meeting
and 60 days/year
in total;
• is a manager or
director employed
by the headquarters
of a multinational
organisation located
in Belgium, with a
yearly gross income
of 66.942 €;
• is a sales rep. for a
foreign employer
with no branch
office in Belgium (for
90 days’ max);
• is holder of a
Blue Card emitted
by Belgium.
Yes
Mandatory preliminary
report to the regional
employment inspector
Yes Yes, non-EEA citizens
must get a work permit to
work in Italy
Quota system applies,
except in case of a
secondment of
executives or highly
skilled workers/ staff
and for employees
sent to perform a
services contract
No, if employee:
• attends business
meetings for 90
days max.;
• is highly skilled with
a gross monthly
income of 3.170 €
(if <30 years)
or 4.324 € (if
30+ years).
Yes:
In case the employee
will work in the
Netherlands under an
employment agreement.
Yes, US citizens must
get a work permit to
work in Spain subject
to the Employment
National Situation
(Labour market test)
When legal requirements
are met, the Employment
National Situation will
not be taken into
consideration for:
• Highly skilled
employees;
• Real Estate or
Financial investors;
• Entrepreneurs;
• ICT;
• Blue Card holders;
• Researchers.
Yes, requirement of a
prior application for a work
authorisation (= Sponsor
license for skilled workers
which allows the employer to
issue a Certificate of
Sponsorship for non-EEA
national workers)
> authorisation to remain on
the UK territory
Sponsor license valid for four
years (+ extension)
Local Language
requirement?
Yes – in Dutch, French
or German
Yes – in French Yes – in German (for
permanent residence
permit, not for Blue Card)
Yes – in Italian Yes – in Dutch or Dutch /
English and official
documents translated
into Dutch, English,
French or German
Yes – in Spanish Yes – in English, except for
ICT
Long-Term Assignments
Blue Card? Yes – The EU Blue Card offers highly skilled non-EEA nationals the right to work and reside in one European country for a defined duration and to move to /
reside in another EU country after some time. Conditions:
• Highly educated and skilled employees
• With a contract of employment or a binding job offer (min. one year) with a company set up in the EU country of application
• A minimum annual gross salary (see thresholds below):
N/A
Additional local
requirement
51.882 € / year 53.836,50 € / year 50.800 € / year 34.086 € / year 60.792 € / year 34.276 € / year