Artists who are not citizens of an EU/EEA country or Switzerland must check whether they require a visa or residence permit to work temporarily in Germany. Certain artistic activities are not considered employment under the German Residence Act (Nichtbeschäftigungsfiktion) and therefore do not require explicit authorisation. However, nationals who require a visa must apply for a Schengen visa for the correct purpose of stay (e.g. a guest performance), providing a letter of invitation, as they require an entry visa for each short stay. Further information on this topic can be found in the 'Visiting Germany as a non-EU citizen – Short-term stay' section.
For caregivers of artists with disabilities, the question arises as to whether their work is also covered by the 'Nichtbeschäftigungsfiktion' regulation. Section 22 (1) BeschV explicitly mentions support staff accompanying persons who, 'while retaining their ordinary residence abroad, engage in lectures or performances of special scientific or artistic value or in performances of a sporting nature in Germany, if the duration of the activity does not exceed 90 days within a period of twelve months'.
This also applies to persons employed in the context of festivals or music and cultural events or posted in connection with guest performances or foreign film and television productions, provided that the duration of the activity does not exceed 90 days within a period of twelve months (Section 22 (2) BeschV).