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Which residence permit is required for posting?
Lawyer's statement: Which residence permit is used for secondments?
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What legal principles are decisive for the posting of foreign employees to Germany?
The differences between the ICT card and alternative residence permits for skilled workers.
Why the choice between single-contract and dual-contract models is important for your business.
How we support you in the complex process of prior approval and communication with authorities.
1. Residence permit for secondments
2. Residence permit for secondment within corporate groups/groups
3. Contract models for secondments
4. VISAGUARD Services for secondments
5. FAQ Residence Permits and Secondments
6. Conclusion: Residence permits and secondments
1. Residence permit for secondments
The legal landscape for employing foreign staff on secondments is complex and largely shaped by the Residence Act . A key component is the regulations implementing the ICT Directive , which aim to facilitate intra-corporate mobility. However, numerous other regulations also exist, and their relationship to one another is often determined by current administrative practice . Since the legislator has not established explicit priority rules, it is always necessary to assess whether specialized qualifications or more general regulations for skilled workers represent the best solution for your specific project.
For short-term assignments or specific projects, regulations such as Section 19c Paragraph 1 of the German Residence Act (AufenthG ) in conjunction with the Employment Ordinance (BeschV) often come into play, covering, for example, personnel exchanges or the preparation of international projects. It is particularly important to distinguish this from the EU Blue Card , which, while offering attractive prospects, requires a minimum contract duration of six months . We keep track of which regulation offers the fewest obstacles for a successful visa application in each individual case.
2. Residence permit for secondment within corporate groups/groups
Within internationally operating corporate groups, the ICT card, as defined in Section 19 of the German Residence Act (AufenthG), is the primary instrument for the transfer of managers, specialists, and trainees. This form of secondment requires that the individual in question works as a company specialist or in a management position , and often necessitates proof of specific prior employment abroad. If these requirements, such as the six-month prior employment requirement for specialists, are not met, the complex question arises whether alternative procedures, such as the exchange of personnel under Section 10 of the German Ordinance on the Employment of Foreigners (BeschV), can be used.
Administrative practice tends to prioritize the provisions of the ICT Directive, which can make it difficult to resort to national alternatives if the specific requirements of the ICT Card could be circumvented. This applies particularly to long-term mobility under Section 19b of the German Residence Act (AufenthG) , which regulates employment in Germany originating from another EU member state. Our task is to precisely analyze these competing regulations in order to avoid rejections by the Federal Employment Agency or immigration authorities due to incorrect application procedures.
3. Contract models for secondments
A critical point in the preparation process is choosing the appropriate contract model . For a long time, German authorities almost exclusively considered the single-contract model acceptable for the ICT card . However, there has recently been a significant shift, and the dual-contract model —in which a local contract in Germany exists alongside the home contract—is now often accepted as sufficient by the authorities. This flexibility is advantageous for the global HR strategies of many corporations but requires careful structuring of the contractual agreements.
Despite this liberalization of administrative practice, the legal classification remains complex, as some legal scholars continue to view the two-contract model critically. In other situations, such as company-sponsored training under Section 16a of the German Residence Act (AufenthG) or bilateral trade agreements, the requirements for contract drafting are often even more specific and leave less room for maneuver. We support you in drafting contracts that meet both the operational requirements and the stringent visa application process .
4. VISAGUARD Services for secondments
To avoid legal uncertainties and lengthy processes, we often recommend conducting a preliminary approval procedure with the Federal Employment Agency in accordance with Section 36 Paragraph 3 of the German Employment Ordinance (BeschV) . Since the authorities must already examine the conflicting regulations at this stage, this procedure creates legal certainty for the entire company and the employee at an early stage. The Employment Agency's decision is generally binding for the subsequent issuance of the permit by the foreign mission, thus minimizing the risk of rejection in the destination country.
At VISAGUARD, we guide you through the entire process, from the initial strategic selection of the right residence permit to communication with embassies and immigration authorities. Our goal is to make the often seemingly arbitrary administrative practices predictable through sound legal arguments and comprehensive documentation. We ensure that your skilled workers can begin their assignments in Germany on schedule, while guaranteeing compliance with current immigration law.
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5. FAQ Residence Permits and Secondments
What is the main difference between the ICT card and the staff exchange?
The ICT card is based on European law and is intended for intra-group transfers of specialists and managers, while the exchange of personnel according to Section 10 of the Employment Ordinance is a national regulation that is often applied when the specific conditions of the ICT Directive are not met or alternative agreements exist between companies.
Can I also apply for an ICT card with a dual-contract model?
Yes, according to the current administrative practice of the German authorities, the two-contract model is now considered sufficient for issuing an ICT card, although this was handled differently in the past.
What happens if the six-month prior employment period is not met?
In this case, the issuance of an ICT card for specialists under Section 19 of the Residence Act is usually not possible. It must then be examined whether other designations, such as those for skilled workers under Sections 18a or 18b of the Residence Act, are applicable, or whether a personnel exchange procedure is permissible.
Are there special regulations for short-term work in Germany?
Yes, for assignments of up to 90 days within 12 months, there are regulations for in-house training according to § 30 BeschV, which often do not constitute classic employment within the meaning of the Residence Act and thus offer procedural simplifications.
6. Conclusion: Residence permits and secondments
Successfully deploying employees to Germany requires precise navigation through the complex web of ICT directives and specific national regulations. Since administrative practice is constantly evolving – as demonstrated by the recognition of the dual-contract model – a current legal assessment is essential. A proactive approach via the pre-approval process offers the safest way to avoid delays in global staff deployment. We are your experienced partner, ready to help you navigate this complexity in a legally compliant manner for your company.
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Further Information
List of Sources (Paywall)
[1] Offer/Mävers, Employment Ordinance, 2nd edition 2022
[2] Timmermann/Uznanski/Mävers/Klaus, Employment of foreign workers, 2nd edition 2025