Visa for CEOs, Managing Directors and Senior Executives
Information on labor migration law regarding the residence and activities of CEOs, managing directors and senior managers in Germany
Here you learn ...
what CEOs and senior managers are
when CEOs and senior executives can work visa-free
when CEOs and managing directors can obtain a visa
what other visa requirements apply to CEOs in Germany
Author
Attorney
Reading Time
8 mins
Release Date
17.03.2025
Table of Content
1. Stay in Germany for CEOs and senior managers
2. Visa-free stay for CEOs and senior executives
3. Basic requirements for a CEO visa
3.1 Definition of CEO
3.2 Definition of senior management
4. Further requirements for CEO visa
4.1 No self-employment
4.2 Appropriate working conditions
5. FAQ CEO Visa
1. Stay in Germany for managers
CEOs, managing directors, and senior managers enjoy special privileges in Germany regarding residence rights. Normally, a work and residence permit or visa is required to work in Germany. However, CEOs, managing directors, and senior managers can pursue their respective management duties in the company for up to 90 days within a 180-day period without a work permit ( Section 30 No. 1 in conjunction with Section 3 No. 1 and No. 2 of the Employment Regulations ). Furthermore, these groups of individuals can apply for a long-term residence permit (CEO visa) under simplified conditions. This article explains the requirements and procedure for applying for a CEO visa.
2. Visa-free stay for CEOs and other senior executives
For managing directors and senior employees who enter Germany on short notice (unlike other employees), a residence permit or work permit from the Federal Employment Agency is not mandatory. The activities of CEOs, managing directors, and senior employees do not constitute gainful employment within the meaning of the Residence Act (AufenthG) if they are deemed to be " not employed ." Activities that, according to Section 30 of the Employment Regulations (BeschV) , are not considered employment within the meaning of the Residence Act may therefore also be carried out with a Schengen visa if the visa annotation states "Gainful employment not permitted." The same applies to citizens of positive nationalities (i.e., nationals who can enter visa-free). Normally, positive nationalities are not permitted to work in Germany if they entered visa-free and have not yet been granted a residence permit ( Section 4a AufenthG ). However, there is an exception if there is no gainful employment within the meaning of the Residence Act or if it is a short-term activity of CEOs, managing directors or senior employees (fictitious non-employment).
3. Basic requirements for a CEO visa
However, for long-term employment in Germany (i.e., a work stay of more than 90 days), CEOs, managing directors, and senior managers also require a visa or residence permit. To obtain a CEO visa, it is first necessary that the applicant is actually a CEO or senior manager.
3.1 Definition of CEO
The term "CEO" (Chief Executive Officer) is unknown in German law, as it is terminology from English-speaking law. There, the term "CEO" refers to a managing board member, chairman of the board, or general director of a company, or generally to its managing director with sole signatory authority . German labor migration law translates the term "CEO" in Section 3 No. 2 of the Employment Regulations (BeschV) as "a member of the executive body of a legal entity authorized to legally represent the company. "
In principle, all members of the executive bodies of German legal entities are eligible for the CEO visa, as long as they are managed by designated representatives. These representatives could be, for example, the board of directors of an association , the managing director of a limited liability company (GmbH) , or the personally liable managing director of a limited partnership (KGaA). Approval for the employment of such representatives within the framework of the Employment Ordinance ( Section 3 No. 2 BeschV ) can also be granted in the case of a secondment. This approval is not dependent on specific professional qualifications.
Partners in a general partnership (OHG) or members of other partnerships, such as a limited partnership or a civil law partnership (GbR), generally undertake self-employment and not dependent employment within the meaning of the Social Code (Section 7 SGB IV). Therefore, they can apply for a residence permit for self-employment pursuant to Section 21 of the Residence Act . In this case, Section 3 of the Employment Ordinance does not apply. A CEO visa cannot be issued to these groups of persons.
3.2 Definition of senior management
A visa pursuant to Section 19c Paragraph 1 of the Residence Act in conjunction with Section 3 of the Employment Ordinance can be issued not only to CEOs or managing directors, but also to senior managers . Senior managers are a special category of employees who must meet certain requirements under German labor law. Senior managers typically play a central role within the company and make important decisions affecting the company's existence and future development.
Important criteria for classification as a senior manager are the following:
Authority to make independent personnel decisions: A manager has the responsibility to make personnel decisions independently, such as hiring or firing employees.
General power of attorney or power of attorney: A senior manager can be granted general power of attorney or power of attorney, which gives him comprehensive powers within the company.
Independent performance of important tasks: Senior employees often have an independent position and take on tasks that are essential for the development of the company.
To benefit from the special visa for executives, not all of these requirements need to be met. However, the Federal Employment Agency and diplomatic missions abroad generally require proof of management function . According to case law, the purely formal granting of a management position is not sufficient. Therefore, it is advisable to provide evidence of the influence of executives within the company when applying for a visa (for example, by submitting a power of attorney or a relevant extract from the commercial register ).
4. Further requirements for CEO visa
4.1 No self-employment
Another requirement for the CEO visa is that the respective managing director or senior employee is actually employed under a managing director's service contract . The CEO visa cannot be issued to self-employed CEOs and managing directors who are also shareholders. These individuals must then apply for a residence permit for self-employment in accordance with Section 21 of the Residence Act (Entrepreneur Visa) .
Employment in the context of labor migration law refers to non-self-employed work, particularly in an employment relationship ( Section 7, Paragraph 1 of the Social Code, Book IV ). Important indicators include work performed according to instructions and integration into the work organization of the person issuing the instructions. The Federal Employment Agency examines whether the work is considered dependent employment in the approval process.
4.2 Appropriate working conditions
A review of working conditions is also carried out for the CEO visa. When examining the working conditions of CEOs, managing directors, and senior employees, a comprehensive assessment of each individual case is carried out. Several factors relating to the entire employment relationship are crucial in the assessment. In particular, the contractual freedom of the contracting parties under labor law is taken into account. The market position, creditworthiness, and age of the company also play a significant role. The professional experience and area of responsibility of the executive are also taken into account in the assessment. Another important aspect is the comparison of the executive's salary with the salaries of comparable executives in the same industry and region. If the salary is above the contribution assessment limit for the general pension insurance, it can be assumed that the salary is no less favorable than that of comparable nationals. In these cases, it can be assumed that the working conditions are appropriate.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? We are happy to support you in residence procedures before embassies, immigration authorities and administrative courts.
Contact us to book a video call consultation with a German immigration lawyer!
VISAGUARD.Berlin Legal Services
5. FAQ CEO Visa
Is there a priority check for the CEO visa?
No, there is no priority check for the CEO visa.
What is the most common reason for rejection of the CEO visa?
Foreign missions often suspect misuse of the CEO visa (e.g., if the company has just been founded or if it has few or no employees). If there are indications that, for example, a legal entity was founded primarily for the purpose of facilitating the foreigner's stay in Germany for the purpose of employment as a manager, approval may be refused (Section 40 (3) No. 7 of the Residence Act).
Do the CEO rules also apply to business specialists?
No. Although both CEOs and corporate specialists are regulated in Section 3 of the Employment Ordinance, Section 30 of the Employment Ordinance does not refer to corporate specialists for the applicability of the non-employment fiction.
Do CEOs and senior executives need specific qualifications to obtain a visa?
No, the applicability of the CEO rules is not tied to a specific professional qualification.
This may also interest you
Further Information
Technical instructions of the BA on Section 3 of the Employment Ordinance (BA Central Office, 5731, INT 24)
