Understanding Germany's Vander Elst Visa Rules for Posted Non-EU Workers

On January 30, 2026, the European Commission started an infringement procedure against Germany. The Commission announced this action on February 11, 2026. It formally requested Germany to remove visa requirements for short-term postings of up to 90 days. This request applies to non-EU workers who legally reside and work in another EU member state.

The Commission argues that these national rules restrict cross-border services. The dispute affects employers and staffing agencies that deploy non-EU personnel across European borders.

This dispute stems from a conflict between EU treaties and German national laws. Under Article 56 of the Treaty on the Functioning of the EU and Article 21 of the Schengen Implementing Convention, service providers may post non-EU nationals to another member state. This posting can last up to 90 days in any 180-day period without an additional visa. The worker must already legally reside and work in the sending member state.

This right builds on the 1994 European Court of Justice ruling in Raymond Vander Elst v Office des Migrations Internationales. The court ruled that requiring extra work permits for these workers restricts the freedom to provide services. Germany applies this ruling through Section 21 of its Employment Regulation. This section waives the approval requirement of the Federal Employment Agency if the worker is legally employed in another EU state and temporarily posted to Germany.

However, Section 30, No. 3 of the same regulation only waives the visa itself if the worker holds an EU long-term residence permit. Other third-country nationals must still obtain a Vander Elst visa in advance. They must apply at a German diplomatic mission in the country where their employer is based.

These advance visa requirements create significant administrative delays. In March 2025, the Higher Administrative Court of Hesse highlighted these hurdles. The court noted that the German Vander Elst visa procedure exceeds the five-day limit considered proportionate by the Court of Justice of the European Union.

This finding matches broader European assessments. In 2023, the European Labour Authority published a report on these barriers. The report identified Germany's national visa requirement for posted third-country nationals as one of the most burdensome in the EU.

To navigate these hurdles and post workers legally, employers must establish a genuine posting model. A residence and work permit from Croatia or Slovenia does not automatically authorize work in Germany. A Vander Elst or national visa remains necessary. The sending company must not be a letterbox company. It must demonstrate actual business activity in the sending country, such as Poland, Croatia, or Slovenia.

The sending company must perform its own contracted service in Germany and retain organizational control over the worker. The worker must have a genuine, lawful employment relationship in the sending country before the posting. They must work only in the jobs and for the employer listed on their permit.

The Croatian Pension Insurance Institute, or the equivalent body in the sending state, must issue an A1 certificate for each worker. This certificate proves that the sending country's social security laws apply during the assignment. Employers must keep key compliance documents at the German workplace for inspections. These documents include the employment contract, the A1 certificate, the service contract, the posting letter, timesheets, and payroll records.

When a visa is required, employers must follow specific application steps. To apply at the German Embassy in Ljubljana, the applicant must book an appointment under Category I. This category covers all visas except the Working Holiday visa.

The processing fee is 75 EUR. Processing at German consulates typically takes 2 to 3 weeks.

The applicant must submit a passport valid for at least three months after the planned departure from Germany, containing at least one blank page.

The sending company must also provide a certificate. This certificate must detail the employment contract, the remuneration calculation method, proof of social insurance, and the start and end dates of the service in Germany.

These application requirements remain mandatory because Germany has not changed its laws. Employers must continue to apply for Vander Elst visas for short-term assignments.

Germany has two months from the January 30, 2026 notice to respond to the European Commission. If Germany does not resolve the issue, the Commission may escalate the case to the Court of Justice of the European Union. Until a formal change occurs, employers must factor the 2-to-3-week processing time into project schedules and maintain complete workplace documentation.