Visa facilitation announced for Turkish businesspeople

Turkish business owners who regularly visit customers, suppliers, or trade fairs in Germany know the problem: The business appointment is scheduled, but... But not a visa . Long waiting times for an appointment, extensive lists of required documents, and ultimately a possible rejection due to alleged lack of willingness to return – this is not uncommon at German embassies and consulates in Ankara and Istanbul. Now, politicians have announced some easing of the requirements. But what will actually change, and where do the pitfalls still lie?

What announcements were made for Turkish business travelers?

During a delegation trip to Turkey by the North Rhine-Westphalia state government, it was announced that the existing business fast-track procedure offered by German visa offices will be expanded . Previously, around 400 companies deemed particularly trustworthy were able to use the accelerated procedure, with approximately 10,000 applications submitted annually. In the future, employees of companies that are members of the Turkish Foreign Trade Council (DEIK) will also be eligible – provided there is a clear connection to Germany.

In terms of content, the fast-track procedure means less paperwork and a quick decision, ideally within one week. Essentially, the application form and a... Health insurance for the trip and the invitation of the business partner to Germany. For companies with intensive trade relations, this is a significant relief: Trade volume between North Rhine-Westphalia and Turkey alone reaches up to twelve billion euros annually.

Which Do Turkish businesspeople even need a visa ?

Turkish nationals generally require a visa for short stays in Germany. Schengen visa . It allows a stay of up to 90 days within any 180-day period. Schengen Area ( Section 6 Paragraph 1 No. 1 of the German Residence Act in conjunction with the Visa Code). Business trips – i.e., meetings, contract negotiations, trade fair visits, or the establishment of a branch office – are considered to be within the Schengen Area (Section 6 Paragraph 1 No. 1 of the German Residence Act in conjunction with the Visa Code). Section 16 of the Employment Ordinance does not apply to employment and therefore does not require a work permit.

Important: The fast-track procedure does not change the substantive requirements. The visa office still checks whether the purpose of travel is plausible, financing is secured, and the return appears guaranteed. Faster does not automatically mean safer.

Where do business visas fail in practice?

From our consulting experience, we are familiar with the typical pitfalls. Often, the invitation letter is too vaguely worded and doesn't specify which concrete appointments will be attended. Equally problematic is a discrepancy between the stated purpose of the trip and the actual activity: A technician tasked with assembling a machine at a customer's site is no longer undertaking a business trip, but rather performing an activity for which different rules apply. Even experienced export departments regularly confuse these categories.

Another classic example is the blanket assumption of a lack of willingness to return, based on Article 32 of the Visa Code. Younger managing directors or employees without real estate in Turkey are particularly targeted here. Those who do not actively demonstrate their ties, for example by... Employment contract , shareholder status or previous properly used Visa applicants risk rejection. Our experience shows that their travel history is often the strongest argument. Those with previous travel history... If a visa has been used correctly, it can be used to target a specific individual. Apply for a multiple-entry visa with a longer validity period.

Since the Foreign Office largely abolished the remonstration procedure, the only recourse against a rejection is usually to file a lawsuit with the Berlin Administrative Court. However, court proceedings usually take longer than the planned business meeting can wait. Therefore, it is all the more important to build a solid case for the application from the outset, rather than relying on a second attempt.

Can you use a Can I start or take over a company in Germany with a Schengen visa ?

No – and this is precisely where one of the most consequential misconceptions lies. Anyone who deals with a enters the Schengen area on a visa and then stays in Germany Residence permit for the Anyone attempting to apply for self-employment usually fails because Section 5 Paragraph 2 of the Residence Act : Entry must be with the means necessary for the respective purpose of stay. Visas are issued. Exceptions apply. Section 39 of the Residence Ordinance is restrictive. However, a business visit can be a sensible first step to get to know a company, hold discussions with banks, and prepare a business plan.

The real path leads via a national one. Visa to Section 21 of the Residence Act . According to this, a A residence permit for self-employment may be granted if there is an economic interest or regional need, the activity is expected to have a positive impact on the economy, and financing is secured. Those over 45 years of age must also provide proof of adequate retirement provision ( § 21 para. 3 of the German Residence Act ). After three years of successful activity, a settlement permit is possible ( § 21 para. 4 of the German Residence Act ).

Why is business succession an underestimated opportunity?

More than half a million medium-sized companies in Germany will be seeking a successor in the coming years, and for the majority, this is precisely the biggest hurdle. For entrepreneurial investors from Turkey, acquiring an established business can therefore be more attractive than starting a new one. From a residency perspective, it offers a clear advantage: an existing company with a revenue history, customer base, and jobs fulfills the requirements of the Section 21 of the Residence Act is often more convincing than any business plan for a new start-up. The relevant authorities, usually including the Chamber of Industry and Commerce (IHK), can assess the prospects of success based on real figures.

This also applies to people of Turkish origin who already live in Germany. Those who hold a permanent residence permit are already allowed to work independently ( § 9 AufenthG ). However, those who hold a has a residence permit for another purpose, for example as A skilled worker regularly needs the appropriate permit to take over a business. Immigration office ( § 21 para. 6 Residence Act ). Anyone who has German citizenship has acquired citizenship – after the reform of the Naturalization rights, now also granted while retaining Turkish citizenship, are no longer subject to any residence restrictions.

What role does the right of association play between the EU and Turkey?

Turkish nationals have a special status that many applicants, and sometimes even authorities, are unaware of. The so-called standstill clause in Article 41, paragraph 1 of the Additional Protocol to the Association Agreement prohibits granting visas to Turkish nationals. To introduce new restrictions on the freedom of establishment that were created after the Protocol entered into force. In individual cases, this can lead to stricter requirements of current law not applying or only applying to a limited extent. How far this argument carries depends on the specific case – a good example of why standard information from the internet is insufficient here.

Why is legal representation worthwhile?

We're familiar with the usual alternatives from many initial consultations: waiting until the situation at the visa office eases, submitting the application ourselves using templates from the internet, or trusting that everything will become easier anyway. In a worst-case scenario, all three paths cost time, money, and business opportunities. Furthermore, Immigration authorities Section 21 of the Residence Act is handled very differently regionally – whether in Cologne, Düsseldorf, Essen or elsewhere. State Office for Immigration in Berlin. We develop the strategy before the first entry, prepare invitations and documents so that they withstand scrutiny, provide legal support for company acquisitions regarding residency requirements, and plan from the outset when Family , spouse and Children are supposed to move to Germany with them.

Conclusion

The expansion of the fast-track procedure is a positive sign for German-Turkish economic relations and significantly facilitates short-term business trips. However, it remains limited to short stays. Anyone wishing to establish a permanent business presence in Germany or take over a company needs a different residence permit and a well-thought-out strategy. Section 21 of the Residence Act and the special features of association law are taken into account . A business visa opens the door; the crucial factor is the plan for what comes after. We support you from the initial invitation to obtaining your residence permit.