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Glossary: Vander Elst Visa
Category: Visa & Residence Permits (Residence permit as a long-term or short-term visa according to § 4 para. 1 sentence 2 no. 1 AufenthG )
Author: Mirko Vorreuter , LL.B. , Attorney at Law and Specialist Attorney for Immigration Law (License examination via the Federal Official Directory of Lawyers possible)
Image description: The image shows a standard sample Vander-Elst visa issued by a German mission abroad (embassies and consulates general) according to the model of Regulation (EC) No. 1683/95 on a uniform visa format . Regulation (EC) No. 1683/95 on a uniform visa format has been transposed into German law by Section 59 of the Residence Ordinance (AufenthV) . The visa stamp is printed in Annex D13a of the Residence Ordinance .
Under “Remarks,” the following should be entered for a Vander Elst visa: “Visa issued under ‘Vander Elst’.” If the visa is issued as a national visa, the option of issuing it for the entire period of stay should be used, provided this period does not exceed twelve months (see Article 18, paragraph 2, sentence 1 of the Schengen Convention ). The extent of permitted employment must also always be entered under “Remarks” ( § 4a of the German Residence Act ). In some cases, further supplementary provisions are entered under “Remarks” at the discretion of the case worker (e.g., conditions for termination in the case of receipt of social benefits).
Table of contents
1. What does a Vander Elst visa look like (image)?
2. Definition Vander Elst visa
3. Who needs a Vander Elst visa?
4. Example: Vander Elst Visa
5. Important information about the Vander Elst visa
5.1 Duration of Vander Elst Visa
5.2 Extension of Vander Elst Visa
5.3 Costs of a Vander Elst visa
5.4 Processing time for Vander Elst visa
5.5 Authority responsible for Vander Elst visas
6. Rights and Options Vander Elst Visa
6.1 Work permit with the Vander Elst visa
6.2 Study, school, language course with the Vander Elst visa
6.3 Family reunification with the Vander Elst visa
6.4 Travel and stays abroad with the Vander Elst visa
6.5 Eligible group of persons for a Vander Elst visa
7. Requirements for a Vander Elst Visa
8. Required documents for Vander Elst visa
9. Apply for a Vander Elst visa online
10. Advantages of a Vander Elst Visa
11. Permanent residence permit with a Vander Elst visa
11.1 Path from Vander Elst Visa to Permanent Residence Permit
11.2 Path from Vander Elst Visa to Naturalization
11.3 Next steps Vander Elst visa
12. Legal basis Vander Elst visa
13. Important laws regarding the Vander Elst visa
14. Important rulings on the Vander Elst visa
15. Frequently Asked Questions about the Vander Elst Visa
16. Further information
16.1 Vander Elst visa in other glossaries
16.2 Related Topics
16.3 Blog posts about the Vander Elst visa
16.4 Glossary entries for the Vander Elst visa
16.5 Sources and references for the Vander Elst visa
Definition of Vander Elst visa
The Vander Elst visa is a long-term residence permit (visa and residence permit) that allows the posting of third-country nationals from one EU member state to another for the purpose of dependent employment . The Vander Elst visa is based on the case law of the European Court of Justice (ECJ) , which ruled in 1994 that it violates the European freedom to provide services if European companies are not able to post third-country national workers from one EU country to another to provide services ( ECJ, C-43/93 - Vander Elst v Office des migrations internationales, 15/02/1993 - 09/08/1994 ). The German legislature has transposed this ruling into German law through Sections 30 No. 3 and 21 of the Employment Ordinance (BeschV ). A very distinct line of case law has now developed regarding the Vander Elst visa, both at the national and at the European level.
The Vander Elst visa must be distinguished from the possibility of visa-free entry under the Vander Elst provisions. Section 17a of the German Residence Ordinance (AufenthV) allows visa-free entry in Vander Elst cases, and Section 30 No. 3 of the German Employment Ordinance (BeschV) stipulates that short-term Vander Elst situations do not require a work permit (so-called deemed non-employment ). However, this applies exclusively to third-country nationals who have long-term resident status in another EU member state under the so-called Long-Term Residence Directive ( Directive 2003/109/EC of 25 November 2003 ) and possess a corresponding residence permit. According to Section 17a of the German Residence Ordinance, they are exempt from the visa requirement as long as the duration of their service provision in Germany does not exceed 90 days within any twelve-month period. This applies to all EU member states except Denmark and Ireland.
Who needs a Vander Elst visa?
The Vander Elst visa is primarily needed by companies and employers , as it is based on the European freedom to provide services . While the visa is issued to employees, it is the companies that ultimately benefit. An individual employee cannot apply for a Vander Elst visa on their own, as it requires a European employer based in another EU country who, based on a service contract, sends employees to that country to fulfill the contract.
Important information about the Vander Elst visa
Duration of Vander Elst visa
There is no time limit for the long-term Vander Elst visa pursuant to Section 21 of the German Employment Ordinance (BeschV) . While Section 21 BeschV stipulates that a "temporary" posting takes place, the term "temporary" is open to interpretation and, according to the interpretation of the European Court of Justice (ECJ), can even encompass several years. The European treaties contain no rules that allow for an abstract determination of the duration or frequency after which a service can no longer be considered "temporary".
Vander Elst visa extension
The Vander Elst visa can be extended as long as the posting continues. There is no formal limit to the extension period.
Vander Elst visa costs
The fees for a Vander Elst visa are governed by the general rules. The standard visa fee is €75 for a long-term national D visa (§ 45 AufenthV). Legal fees, potential court costs, and translation and authentication fees may also apply, depending on the specific case.
Processing time Vander Elst visa
Vander Elst visas have a comparatively short processing time of only a few weeks, as they are usually based on the start date of the project in Germany. Issuance within a few days is even possible.
Competent authority: Vander Elst Visa
According to Section 71 Paragraph 2 of the Residence Act, the foreign missions (embassies and consulates) authorized by the Federal Foreign Office are responsible for issuing a Vander Elst visa .
Rights and options Vander Elst visa
Work permit Vander Elst visa
The Vander Elst visa authorizes the holder to work or perform the specific task for which it is issued. The scope of permitted employment is defined in the supplementary provisions (“Remarks” on the plastic card or in the so-called supplementary sheet). Other employment is generally not permitted (see Section 4a Paragraph 2 of the German Residence Act). Self-employment
Studies, school , language course Vander Elst visa
Attending university, school, and language courses is possible with any residence permit, including the Vander Elst visa. No separate permit is required.
Family reunification Vander Elst visa
Family reunification for the holder of a Vander Elst visa is generally not relevant in practice, as Vander Elst assignments often only last for short periods of time.
Travel and stays abroad Vander Elst visa
Entry to and exit from Germany is possible with the Vander Elst visa, as long as it is valid and has been issued for multiple entries.
Eligible group of people for a Vander Elst visa
In principle, all third-country nationals who wish to work in Germany on a temporary assignment and are posted by an employer based in the EU are eligible to receive a Vander Elst visa . A formally recognized qualification or a specific salary threshold is not required, as the Vander Elst visa is primarily aimed at employers in other EU countries and not at the employee . Therefore, the Vander Elst visa is to be considered from a legal perspective completely different from comparable work permits.
It should be noted, however, that the Vander Elst visa cannot be used to circumvent German employee protection regulations . In particular, it is not possible (or only with great difficulty) to use the Vander Elst visa for intra-group rotations to employ low-wage workers in the German part of the group. When assessing specific Vander Elst cases, the underlying purpose of the Vander Elst case law must always be considered: Companies established in an EU/EEA member state that employ third-country nationals should be able to provide cross-border services without restrictions or discrimination, as the free movement of services, as one of the fundamental freedoms protected by the TFEU, is a fundamental principle of EU law. This is not the case if the Vander Elst visa is used to try to bring low-wage workers to Germany and employ them for regular work within the group.
Requirements for a Vander Elst visa
The requirements for a Vander Elst visa are generally assessed leniently. If the aforementioned requirements are met, there is an entitlement to a visa (no discretionary decision ). Depending on the length of stay, the visa is issued as a national visa (category "D") or a Schengen visa (category "C") . A Schengen visa may be issued for stays of up to 90 days if the third-country national applicant does not have long-term resident status in the first EU member state under Directive 2003/109/EC of 25 November 2003 and therefore does not fall under the deemed non-employment provision of Section 30 No. 3 of the Employment Ordinance (BeschV) or the exception of Section 17a of the Residence Ordinance (AufenthV).
The requirements for the Vander Elst visa are as follows:
The employer is based in another EU country.
An employer sends a third-country national employee to perform cross-border, paid work for a German company.
The posting to Germany is “temporary” according to Article 57, paragraph 3 TFEU (the employee is not intended to remain permanently in Germany).
Proper employment of the employee in the sending state (compliance with labor law regulations in the sending state)
Proof of sufficient means of subsistence ( § 5 para. 1 no. 1 of the German Residence Act ): Adequate health insurance coverage in Germany must be proven by the European Health Insurance Card (EHIC) or a comparable private health insurance policy. The presentation of the so-called A1 certificate alone is not sufficient.
No ongoing investigations/no pending criminal proceedings against the applicant (see Section 79 Paragraph 2 of the Residence Act )
Valid passport and verified identity (§ 5 para. 1 no. 1a, no. 3 Residence Act)
Of particular relevance to the Vander Elst visa is the fact that some criteria, which are normally part of the residency requirements (see Section 5 of the German Residence Act), are not examined for the Vander Elst visa. This is because the Vander Elst visa is based on European law , and European law takes precedence over the German Residence Act (primacy of European law). This applies especially to grounds for deportation (Central Register of Foreigners and the SIS check). Neither criminal records nor considerations of general deterrence can therefore justify the refusal of a Vander Elst visa. Rather, there must be concrete evidence of an actual, present, and significant threat to public order, security, or health (cf. Article 52 TFEU ). Approval from the Federal Employment Agency is also not required, as European law takes precedence over Section 39 of the German Residence Act (see also Section 21 of the German Employment Ordinance ("no approval")).
Required documents for a Vander Elst visa
In principle, there are significant simplifications to the visa application process for Vander Elst visas . This applies particularly to the so-called plausibility check . Generally, the submission of informal application documents is sufficient. A personal interview with the third-country national applicant regarding the visa application is generally not required. However, even in the case of Vander Elst visa applications, the standard biometric data collection (fingerprints) of applicants is generally carried out. When scheduling appointments and processing visa applications, Vander Elst visa applications should be given priority whenever possible (see the Visa Handbook entry on Vander Elst).
As a general rule, each embassy has its own procedures and administrative processes for applying for a Vander Elst visa . Therefore, the required documents for a Vander Elst visa can vary from embassy to embassy. Generally, the following documents are required for a Vander Elst visa application:
Application form including instructions pursuant to Section 54 of the Residence Act , fully completed and signed
Valid passport (signed by hand and with at least two (2) completely blank pages)
simple copy of the data page of a valid passport
Proof of legal residence in the sending state (residence permit and work permit)
Registration certificate as proof of residence in the sending state
Confirmation letter from the employer regarding the service contract in Germany or a secondment agreement with the employer, which includes the expected start and end dates of the assignment in Germany, the location of the assignment in Germany, a brief description of the service to be provided, and the salary during the assignment in Germany.
Copy of the employment contract to prove the proper employment of the named third-country national
Social security documentation proving proper employment (salary statements)
Proof of health insurance coverage in the sending country and Germany for the duration of the posting (in the form of A1 + EKUZ card)
Other formalities:
Only required if applying through an authorized representative (e.g., a lawyer ): Power of attorney
When applying for a visa in a country other than the country of origin: valid residence permit of the respective country.
Fees for the residence permit
Photograph (passport photo) that complies with the standards of Regulation (EC) No 1683/95 ; see also sample photos of the Federal Foreign Office
Depending on the authority: Data protection declaration/Consent to data processing
If the foreigner's name in the submitted documents differs from the name in the passport : Certificate of name change
If, based on the aforementioned application documents, specific doubts arise in individual cases regarding the authenticity or accuracy of the information in the application, the foreign mission may, as an exception, carry out a more in-depth review (e.g., telephone contact with the stated employer/service provider; see “ Plausibility Check ”).
Apply for a Vander Elst visa online
The Vander Elst visa cannot currently be applied for via the German Federal Foreign Office 's online application portal . Therefore, the visa must be applied for through the regular appointment booking process at the respective German mission abroad. Alternatively, the application can also be submitted in writing or electronically by a lawyer. The online application process for the Vander Elst visa is as follows:
Advantages of a Vander Elst visa
The Vander Elst visa has the following advantages:
One of the biggest advantages of the Vander Elst visa is that no recognized qualification is required in Germany. Generally, a work visa in Germany (with a few exceptions) is only possible if a recognized qualification exists ( skilled worker status ). This is not the case with the Vander Elst visa.
Another significant advantage is that, from an employment law perspective, the Vander Elst visa only requires the fulfillment of the conditions in the sending country. This means, for example, that work in Germany can take place under the terms of a Polish employment contract . This is a considerable advantage, as German labor law is very strict.
The Vander Elst visa is also very advantageous, as it is processed much more leniently and quickly in administrative practice . According to the visa handbook, embassies are instructed to apply more liberally and schedule appointments more quickly due to the primacy of European law.
The path from Vander Elst visa to permanent residence permit
The Vander Elst visa cannot be converted into a permanent residence permit .
Path from Vander Elst visa to naturalization
In theory, naturalization with a Vander Elst visa is possible, since Section 19c Paragraph 1 of the Residence Act and the Employment Ordinance are not excluded in Section 10 Paragraph 1 Sentence 1 Number 3 of the Nationality Act . In practice, however, the Vander Elst visa is a temporary residence permit, so the authorities will refuse to extend it for a period long enough to allow for naturalization.
Next steps Vander Elst visa
If you wish to apply for a Vander Elst visa for yourself or your employee , you should first check whether the scope of the freedom to provide services applies (i.e., whether a cross-border service is involved). If so, you should gather the necessary documents for the Vander Elst visa and then book an appointment. Our lawyers will be happy to advise you on the specific requirements and assist you with the application process. → Book an appointment
Legal basis Vander Elst visa
The legal basis for the Vander Elst visa is primarily the case law of the European Court of Justice (ECJ) and the German Federal Administrative Court (BVerwG) (see below “Important judgments on the Vander Elst visa”). This is particularly relevant to the ECJ judgment C-43/93 – Vander Elst v. Office des migrations internationales, judgment of 09/08/1994, ECLI:EU:C:1994:310 . These judgments were transposed into German law by Sections 21 and 30 No. 3 of the Employment Ordinance (BeschV) and Section 17 of the Residence Ordinance (AufenthV). In a broader sense, the legal basis for the Vander Elst visa also includes the relevant administrative regulations, in particular the section in the Visa Handbook “Vander Elst Scheme / Provision of Services” (74th Supplement, as of 03/2022).
Important laws Vander Elst visa
Important rulings on the Vander Elst visa
The European freedom to provide services must make it possible to post third-country nationals from one EU member state to another so that the latter can provide cross-border services ( ECJ judgment of 9 August 1994 – C-43/93 (“VanderElst”) ).
The Vander-Elst visa does not document an existing legal status (declaratory effect), but only becomes effective upon issuance of the visa (constitutive effect) ( VGH Kassel, decision of 22.04.2021, 7 B 312/21 ).
Failure to obtain a Vander-Elst visa can justify deportation ( VG Potsdam, decision of 02.11.2020, file no. VG 8 L 660/20 ).
Vander-Elst visas are not possible if the main residence is in Germany for the purpose of providing or receiving services there for an indefinite period ( ECJ Judgment of 5 October 1988 – 196/87 (Steymann) ).
A Vander-Elst visa may only be granted if the employee is duly employed in another Member State (ECJ Judgment of 19 January 2006 – Case C-244/04).
For a Vander-Elst visa, the posted worker does not need to prove any prior employment period (ECJ judgment of 19.1.2006 – C-244/04).
The issuance of a Vander-Elst visa requires the provision of cross-border “temporary” services ( Federal Administrative Court, decision of 20 June 2019, 1 B 10/19 ).
A posting is no longer considered temporary within the meaning of the Vander-Elst visa if it is a longer-term rotation system of employees to support the ongoing production of a company in the host state ( Higher Administrative Court of Berlin-Brandenburg, judgment of 09.11.2018, OVG 6 B 7/18 ).
Frequently Asked Questions Vander Elst Visa
What is a Vander Elst visa?
The Vander Elst visa is a special work visa for third-country nationals (non-EU citizens) who are regularly employed by a company in an EU or EEA country (or Switzerland). It allows these employees to temporarily provide services for their employer in another EU member state (e.g., Germany). The visa application process is usually simpler and faster than for other work visas.
What is the Vander-Elst exemption?
This regulation is based on a ruling by the European Court of Justice (ECJ). It states that the freedom to provide services within the EU also applies to seconded employees from third countries. A company based in the EU may send its legally employed staff (including non-EU citizens) to other EU countries for temporary projects. In Germany, a visa is often not required in such cases if the assignment does not exceed three months within any twelve-month period and the individual holds a long-term residence permit in the sending country. If the assignment lasts longer or the conditions are not met, a Vander Elst visa must be applied for.
Vander Elst visa in other glossaries
The Vander Elst visa can also be found in the following glossaries:
Sources and references for the Vander Elst visa
( Government resources and literature )
[1] Visa Handbook, “Vander Elst” Scheme / Provision of Services, 74th Supplement, Version: 03/2022
[3] BeckOK AuslR/Klaus, 46th Ed. October 1, 2025, BeschV § 21 Rn. 1-70
[4] The Vander Elst visa in current case law - a critical assessment
Note on the article by Dr. Sebastian Klaus in InfAuslR 2022, 41, LSK 2022, 06801979
Last updated: February 20, 2026
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