Military personnel in Germany
Information from the visa expert on the SOFA regulations and the BACO90 procedure in Germany.
Here you learn ...
what the SOFA status is and what advantages it has
to whom the SOFA regulations apply
what the BACO-90 procedure is and how it works
what special features follow from the NATO Status of Forces Agreement
Author
Attorney
Reading Time
7 Min.
Release Date
24.02.2025
Table of Content
1. Military visa in Germany
2. SOFA status Germany
2.1 What are the benefits of SOFA status?
2.2 Who does the SOFA statute apply to?
2.3 SOFA procedure
2.4 SOFA regulations for US military personnel
3. BACO-90
3.1 Purpose of BACO90
3.2 BACO90 method
4. FAQ
1. Military visa in Germany
Germany is a central European country with a strategically important position. For this reason, the stationing of troops in Germany plays a significant role in international security policy. The USA and other NATO member states, in particular, maintain a strong military presence. In addition to the actual troops, there are their families and a large number of civilian personnel who support the military infrastructure. Due to numerous international agreements, the visa situation for military personnel from other countries is quite complicated. Here you can find out everything about the residence regulations for military personnel from other countries.
2. SOFA status Germany
The residence of military personnel in Germany is regulated by special agreements under international law. The NATO Status of Forces Agreement (SOFA) is the legal basis for the residence of foreign armed forces in Germany. It regulates, among other things, the entry and residence rights of military personnel and their dependents, tax and customs privileges for stationed soldiers, and issues of jurisdiction in criminal offenses or civil claims. These provisions represent significant privileges from a residence law perspective. This is true simply because SOFA personnel do not require a visa in Germany.
2.1 What are the benefits of SOFA status?
Persons covered by the NATO Status of Forces Agreement (SOFA) benefit from a number of privileges. The SOFA agreement thus represents a significant advantage for military personnel covered by the statute. The most important SOFA privileges are the following:
Residence privileges – no regular visa required
Labor exemptions – No work permit required for military personnel
Tax benefits – Partial tax exemption for income
Customs and import concessions – No import duties on certain goods
2.2 Who does the SOFA statute apply to?
However, in order to benefit from the aforementioned privileges, the SOFA statute must also be applicable to the foreign national in question. The SOFA statute generally applies to all "forces" and a large portion of the civilian personnel. The SOFA Agreement defines "forces" as all personnel of the land, sea, and air forces of a contracting party who are present in the territory of another contracting state as part of their official duties. This includes, in particular, soldiers of the army, air force, navy, or marines, military units and associations operating in Germany, and personnel stationed within the NATO context or under bilateral agreements.
However, the SOFA Statute applies not only to troops, but also to their civilian components . The "civilian component" includes civilian personnel accompanying a force, employed by the armed forces of a contracting party, and not nationals of the host country (in this case, Germany). Typical groups of the civilian component include:
U.S. civilian employees
Technical and administrative personnel of military bases
Employees of military supply facilities or commissariats
The SOFA regulations also apply to certain dependents . The term "dependents" includes the spouse of a service member or civilian component and the dependent children of service members or civilian components. In addition, other close relatives may be eligible for SOFA status if they are dependent on a service member or civilian component for economic or health reasons and are actually supported by a SOFA beneficiary.
2.3 SOFA procedure
Special residence permit procedures apply in Germany for the aforementioned NATO troops and SOFA members. Members of the armed forces who fall under the NATO Status of Forces Agreement privilege are generally not issued visas. Membership in this group is proven by a status certificate issued by the authorities of the stationed forces. This usually takes the form of a SOFA ID (Status of Forces Agreement Identification) for soldiers or a SOFA stamp in the passport for civilian employees and dependents. In exceptional cases, a provisional certificate issued by the military authorities may be accepted as proof within Germany. However, this regulation does not apply to border crossings. It is important to note that neither the SOFA ID nor the SOFA stamp entitles holders to enter or reside in other Schengen states.
2.4 SOFA regulations for US military personnel
The Installation Management Command (IMCOM)-Europe, headquartered in Sembach, Rhineland-Palatinate, is the sole authority responsible for issuing SOFA identification (SOFA-ID) and SOFA stamps for U.S. service members from third-party countries requiring a visa. Service members outside of Germany must send their application documents to Germany. IMCOM reviews the documents, issues the SOFA ID, and returns it to the service member. For members of the civilian component and family members, the process is similar: Upon receipt of the documents, the passport is stamped with the SOFA stamp and returned.
3. BACO-90
The BACO-90 procedure must be distinguished from the SOFA procedure. The BACO-90 procedure is a purely German administrative procedure administered by the Federal Employment Agency (BA) in Stuttgart. It allows US contractors of the Department of Defense (DOD) to work in Germany on a temporary basis for a maximum of 90 days within a 12-month period. Legally speaking, the BACO-90 procedure is a special type of contract for work procedure .
3.1 Purpose of BACO90
Due to the contract-for-work procedure regulations, a permit from the Federal Employment Agency is always required for any activity under the BACO90 regulations. This permit is the BACO90 approval. The BACO90 procedure thus fulfills two central purposes:
Legal certainty for DOD contractors: Official approval avoids violations of residency law and potential tax problems.
Easier access to US military facilities: The approval enables simplified access regulations for US contractors at German bases.
It should be noted, however, that the procedure applies exclusively to US citizens working in Germany under a DOD contract. BACO90 does not confer NATO SOFA privileges.
3.2 BACO90 method
Since January 2019, the BACO-90 process has been adapted to the EU General Data Protection Regulation (EU GDPR) and the Federal Data Protection Act (BDSG). Submitting a BACO-90 application without correct encryption is no longer possible. DOCPER provides the current BACO-90 form and instructions on its website, but does not offer technical support. The processing time for a BACO-90 application is at least 10 German working days from receipt of the encrypted application by the Federal Employment Agency (BA). Therefore, to avoid delays, the application should be submitted at least 1 month before the planned start of the assignment.
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FAQ
Do foreign military personnel need a visa for Germany?
No, military personnel covered by the NATO Status of Forces Agreement (SOFA) do not require a regular visa for Germany.
What is the NATO Status of Forces Agreement (SOFA)?
The SOFA regulates the entry and residence rights of foreign armed forces in Germany, as well as their tax, customs, and labor law privileges. It forms the legal basis for the residence of NATO forces in Germany.
How is SOFA status verified?
Membership in the SOFA program is confirmed by a SOFA ID (for soldiers) or a SOFA stamp in the passport (for civilian employees and dependents). These documents are issued by the military authorities.
Who issues SOFA documents for U.S. military personnel?
The Installation Management Command (IMCOM)-Europe in Sembach (Rhineland-Palatinate) is responsible for issuing SOFA IDs and SOFA stamps for US troops.
What is the BACO-90 procedure?
The BACO-90 procedure is a German administrative procedure for US contractors of the US Department of Defense (DOD) who wish to work in Germany for a maximum of 90 days within a 12-month period. It is a special permit issued by the Federal Employment Agency.
Which legal sources apply to the residence of military personnel?
Military residence law has the following legal sources:
Agreement between the Parties to the North Atlantic Treaty on the Status of Their Forces (NATO Status of Forces Agreement, NTS)
Supplementary Agreement to the NATO Status of Forces Agreement (ZA-NTS)
Agreement between the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace on the Status of Their Forces of 19 June 1995 (PfP Status of Forces Agreement) Article 4 (2) (c)
Regulation No. 539/2001 (EC Visa Regulation)
Section 1 paragraph 2 no. 3 Residence Act
To which countries does the NATO Status of Forces Agreement apply?
The NATO Status of Forces Agreement applies to the following countries: Albania, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, the United Kingdom and the United States.
