Non-EU nationals usually need a visa, known as Schengen visa or type C visa, for a short stay. However, visa-free entry is possible for some. The issuance of visas for short stays in Germany is regulated by the EU Visa Code.
The Schengen area, in which there are no de facto internal border controls, acts as a kind of connected "visa area". Passport checks usually take place only on entry into and exit from the Schengen area and selectively within the Schengen area.
Please note: The Schengen area is not the same as the EU! The area includes the non-EU countries of Switzerland, Norway, Iceland, and Liechtenstein, but not the EU countries of the Republic of Ireland and Cyprus.
A short stay in the Schengen area is limited to a maximum of 90 days within a 180-day period. All days of a stay, including the days of entry and exit
are counted as part of a short stay.
An extension of the short stay is only possible in exceptional cases (e.g. illness, flight cancellation). Application for a residence title for a long-term stay is also only possible in exceptional cases (see below) after entering Germany. Information on long-term stays can be found here.
EU regulations on freedom of movement do not apply to any non-EU nationals. This means that their entry and stay is subject to certain restrictions. For nationals of most countries, this means that they must apply for a Schengen visa (type C).
There are a few exceptions, however:
A short stay in the Schengen area is limited to a maximum of 90 days within a 180-day period. This means that the last 180 days before any (planned) day of your stay must be reviewed and the days of the stay counted. At no time may the count exceed the 90-day limit. Thus, leaving the Schengen area does not reset the counter to "zero". The EU provides a calculator for this purpose.
Example: You stayed in the Schengen area for a total of 50 days from 1 June to 20 July in France and Belgium (visiting friends and family) and also for a total of 35 days from 1 August to 4 September in Poland and Lithuania (holiday). Now, you are planning another stay in the Schengen area from 1 October to 10 October in Germany.
For each planned day of your stay in Germany in October, you must check whether visa-free entry is permissible (i.e. whether your stay qualifies as a short stay). In order to do this, you must check your previous days of stay in the Schengen area over the respective 180-day period prior to the respective day for each planned day of your stay:
Days of stay in the 180-day period prior to 1 October: 50 + 35 = 85.
The stay on 1 October is possible (Day 86). A stay on 2 and 3 October is possible as well.
Days of stay in the 180-day period prior to 4 October: 50 + 35 + 3 (1 to 3 October) = 88.
The stay on 4 October is also possible (day 89), but you must leave the country on the following day (5 October), as the maximum stay of 90 days will be reached on that day. You will not be able to stay from 6 to 10 October.
If you stay from 1 to 5 October, a new visa-free short stay in the Schengen area would only be permissible again from 28 November, since the day of stay on 1 June is no longer part of the 180-day period prior to November 28 and is therefore no longer counted. Note: 28 November does not mark the beginning of a new 180-day period; rather, the previous days of stay in the 180-day period prior to 28 November only amount to 89, since the day of stay on 1 June is now outside the 180-day period prior to November 28. You can also stay on 29 November, as the day of stay on 2 June is also now outside the 180-day period prior to November 29.
This rule applies to all persons who a) are allowed to enter without a visa or b) have obtained a Schengen visa that is valid for more than 90 days. However, in many cases, a Schengen visa is only issued for a specific period of time. In particular, persons who successfully apply for a Schengen visa for the first time are usually granted the visa for the requested period only.
People who need a Schengen visa to enter the country are also often only granted a "single-entry" visa. This means that they may only enter the Schengen area once with their visa; the visa becomes invalid when they leave the country. If a Schengen visa has been issued repeatedly to an individual in the past, the person is often granted a "multiple-entry" visa when another Schengen visa is issued. These visas are often valid for one or more years, allowing entry to and exit from the Schengen area as often as desired provided that the maximum stay of 90 days in a 180-day period is not exceeded. In our experience, German diplomatic missions often issue the "multiple-entry" visa even on the first application.
Persons who may enter the Schengen area without a visa also have the right (similar to the multiple-entry visa) to enter and leave the country as often as they wish, again provided that the maximum stay of 90 days in a 180-day period is not exceeded.
The Schengen visa must be requested from the destination country. If your journey involves several Schengen countries, the state that is your primary destination in terms of purpose and duration is responsible for issuing the visa. If no primary destination can be determined, the visa must be requested from your first destination country.
If the focus of your trip/short stay will be in Germany, then your application for a Schengen visa must be submitted to the German diplomatic mission in your country of habitual residence, the country in which you are domiciled or your country of citizenship. If this country does not have a German diplomatic mission (for example due to war or political conflict), you must find out which diplomatic mission is responsible for processing visa applications instead.
In recent years, some consulates have "outsourced" the processing of applications to external service providers(in the UK, for example, the TLScontact agency processes applications from people who need a Schengen visa; in Turkey this is done by the iData agency- only available in German and Turkish). Information on which company is responsible for processing applications can be found on the websites of the German diplomatic missions abroad.
For further information, please see Schengen Agencies.
Electronic application for Schengen visas – planned from 2025
The European Commission is also currently working on the digitisation of Schengen visa applications. The plan is that applicants will only need to present themselves in person at a consular office of a Schengen country in certain cases (first-time application and submission of biometric data, new travel document, expiry of validity of biometric data). Outside of these circumstances, visa applications will be submitted via a centralised online platform. Accordingly, the visa will no longer be affixed to the passport as a sticker, but will be retrievable via an app.
Required documents
The documents required for your visa application are listed on the websites of the responsible diplomatic missions. As a rule, however, you will need to provide the following documents:
As a rule, the applicant must appear in person and provide their fingerprints. Many diplomatic missions also conduct a standard interview independently of this.
In any case, long processing times for visa applications should be expected; this applies in particular to the scheduling of the necessary appointment. The Visa Code states that the subsequent decision on the issuance of the visa must be made within 15 days.
On the application form, which can be found in Annex I to the Visa Code, it is possible to indicate the purpose of the trip under Item 21: tourism, business, visiting family or friends, cultural, sports, official visit, medical reasons, study, airport transit, other (please specify). The purpose you specify must be credible and reasonable; otherwise, the visa may be denied. The supporting documents relating to the purpose of the journey mentioned in Annex II of the Visa Code should be submitted to demonstrate the validity of the purpose specified. If the purpose of the trip is specified as "cultural", such documents may include invitations, entry tickets, enrolments or programmes stating (wherever possible) the name of the host organisation and the length of stay or any other appropriate document indicating the purpose of the journey.
Regardless of the stated purpose of the journey, Section 30 BeschV applies, i.e. artistic performances are permissible as long as they take place in accordance with the conditions specified in Section 22 BeschV, even if the stated purpose of the journey is visiting family members or tourism.
If the applicant cannot provide proof of sufficient financial means or if the costs of the stay are being covered by a host institution, a declaration of commitment must be submitted. In order to obtain such a declaration of commitment, the person who bears responsibility for these costs must present proof of their solvency to the local immigration authorities in their place of residence. Information about the procedure using Berlin as an example can be found here.
Proof of rootedness in the country of origin is particularly important, as it forms the basis for the return prognosis made, which ultimately determines whether the visa is granted. Rootedness can be proven, for example, through evidence of family ties (by means of marriage certificates, children's birth certificates) and on the basis of property deeds or proof of employment. If such evidence cannot be provided, it is advisable, especially for artists, to submit information on future artistic activities outside the Schengen area, for example performances, rehearsal periods, exhibitions and similar activities.
The European Commission is currently preparing a new electronic registration procedure for short stays (planned for 2024). This system is intended for people who may enter the country without a visa for a short stay. Similar to the ESTA system for entries into the U.S., the process will involve entering personal data via an online portal and paying a fee of 7 euros for pre-authorised entry. ETIAS authorisation will not have to be obtained for every entry but instead should be valid for several years.
General
If travellers are non-EU nationals residing outside the Schengen Area, they must determine whether they require an entry visa (Schengen visa) for a short stay in the Schengen Area (visa requirement check). Individuals who are currently eligible for visa-free entry will require Electronic Travel Authorisation System (ETIAS) travel authorization from the end of 2026 onwards.
Minors travelling alone require an informal letter of consent (information in German) as well as a copy of the child's birth certificate and the identification page of the legal guardian's ID document, particularly where there are differences in name. Children under 12 years of age do not need to provide fingerprints for the visa application or ETIAS registration, and children up to 18 years of age are exempt from paying the ETIAS registration fee.
Regarding the question of whether you are allowed to work during a short stay in Germany, please see the section: Am I allowed to work during a short stay?
The Schengen visa
There is no family visa for the Schengen Area. If family members who require a visa are travelling together, each person must submit their own application for a Schengen visa.
When applying for Schengen visas, families must note the following:
You can find further information on applying for a Schengen visa can be found here:
Entry into the Schengen Area as a family member of EU/EEA and Swiss nationals
Family members of EU/EEA and Swiss nationals who require a visa enjoy certain privileges when entering the Schengen Area, as their family members are entitled to freedom of movement.
As defined by the Freedom of Movement Act, family members are:
For third-country nationals travelling with or joining family members who are entitled to freedom of movement, the privilege applies as follows:
However, it is important to note that German nationals acting as sponsors for non-EU nationals do not have freedom of movement in the case of an accompanied trip or family reunification in Germany, unless they have already lived together as spouses in another EU country and subsequently returned to Germany.
Important: A distinction must be made between non-EU nationals travelling alone and those travelling with family members. If they are not accompanied by family members, these privileges do not apply. In such cases, they must apply for a regular Schengen visa or register via ETIAS to enter the country.
Example: An Irish music manager who lives in Ireland is married to a Nigerian musician. For a joint trip to France, the Nigerian national must apply for a Schengen visa at the French embassy in Ireland, since Ireland is not part of the Schengen area. The French Embassy requires proof of return flights.
Consequence: The embassy may not require a return ticket, since the Nigerian musician is the spouse of an EU citizen with freedom of movement and therefore only needs to prove that she has a valid passport and is married to the EU citizen and accompanying her. The couple can contact SOLVIT if the embassy insists that they produce a return ticket.
Information
Entry into the Schengen Area as a family member of a German national
Third-country nationals who are subject to visa requirements and are family members of German nationals
Important: German nationals who have previously lived with their spouse in another EU country and have subsequently returned to Germany are treated the same as other persons entitled to freedom of movement in Germany. In other words, their family members are not subject to the regulations for family members of Germans, but rather to the regulations for persons entitled to freedom of movement. This results in certain privileges, such as the possibility of a longer stay and access to the labour market, even during short stays (see above).
The question of whether non-EU nationals need a visa or other work document to engage in gainful employment is decided on a national basis (there is very limited coordination within the EU on this issue). For information on other EU countries, we recommend searching the MIP network for other information centres.
PEARLE published this guide in 2024: Cookbook for Cultural Managers - Third-country national artists working in the EU.
In Germany, this issue is regulated in the Employment Ordinance (Beschäftigungsverordnung/BeschV), which governs access to the labour market for non-EU nationals. Section 30 of the Ordinance specifies a list of activities that are not considered gainful employment for the purposes of residency law. Section 22 BeschV is particularly relevant with regard to artistic activities. It states that the following artistic activities are not considered "gainful employment" (even if they are paid) and that no special visa must be obtained to pursue them:
*A "one-day show or event" is "when a special event, which is also recognisable as such to the outside world, is organised outside the normal course of business. A one-day performance is generally announced in a special way, e.g. through advertisements or posters. Performances may not take place on more than two days in a row" (Source: Visum-Handbuch des Auswärtigen Amts, under Künstler 2)b. - only available in German). Any preceding rehearsals on up to two days do not count (Source: Fachliche Weisungen - Fachliche Weisungen Aufenthaltsgesetz und Beschäftigungsverordnung, 19c.22.3 - only available in German).
These regulations apply to both employees and self-employed persons. They apply to Schengen visa holders and for nationals who can enter the Schengen area for a short stay without an entry visa.
The exceptions outlined above do not apply to individuals engaged by a German establishment in the field of performing arts (such as a theatre, an orchestra, an opera or a musical or circus troupe). All performances and rehearsals, whether paid or unpaid, require a visa or residence permit authorising employment.
Non-EU nationals usually need a national visa for stays in Germany of more than 90 days within a 180-day period. The visa is usually valid for 3 months and can be "converted" into a residence permit after entry. If only a temporary stay is intended, a national visa of longer validity may be applied for, which entitles the holder to take up employment or self-employment, depending on the purpose of the stay. This is particularly useful if artists wish to stay in the Schengen area for more than 90 days for a production or a tour without establishing habitual residence.
However, applying for a longer-term national visa can be fraught with challenges. Sometimes the German diplomatic missions abroad are not familiar with the procedure.
In any case, the foreigners' registration office at the intended place of residence must approve the issuance of a national visa. This means that the application may take up to four months to process. The approval of the Federal Employment Agency may also be required. However, once the visa has been issued, the approved employment can be taken up upon entry.
Nationals of privileged third countries (pursuant to Section 41 AufenthV- only available in German) may apply for a residence permit after entry. Prior to this, they must register their residence in Germany; hotels and other short-term accommodations may serve as a residence in these cases. Once the application has been filed, residence remains legal even after 90 days have elapsed, until the Foreigners' Registration Office has decided on the application. However, the applicant is not permitted to engage in gainful employment before a residence permit has been issued (or may only engage in those activities not considered gainful employment under the BeschV).
If the residence permit has not been issued by the end of the stay, the application can be withdrawn and regular departure is possible. However, in order to avoid the initiation of criminal proceedings, you should ensure that you can prove that an application was submitted within 90 days.
The Job Search Opportunity Card (Chancenkarte) has been available since June 2024. More information can be found here. Please note: People who can enter Germany without a visa should also apply for the Job Search Opportunity Card at a German diplomatic mission before travelling to Germany. Although privileged nationals would also have the option of applying for the Job Search Opportunity Card after entering Germany without a visa, administrative practice (especially in Berlin) is often contrary and refers to the application from abroad. Self-employed or freelance work is generally not permitted with the Job Search Opportunity Card.
It is also possible for a national visa to be issued for special purposes, i.e. purposes not explicitly provided for in the legislation. This is regulated by Section 7 (1) (3) German Residence Act (only available in German). A national visa of this kind can be granted, for example, to persons who receive a scholarship in Germany for a certain period of time or who are invited to complete an artist's residency. It is important to note that the visa is only issued if the scholarship or the host organisation of the residency can cover all living expenses. A residence permit pursuant to Section 7 (1) (3) German Residence Act does not entitle the holder to engage in gainful employment. The scholarship or residency programme in which the artist is participating is usually explicitly mentioned in the visa. The validity of the visa depends on the duration of the scholarship or residency programme but may not exceed a period of one year. Therefore, it does not need to be "converted" into a residence permit by a municipal migration authority. Since the migration authority must approve the issuance of the visa, a processing time of three to four months is to be expected. However, it is possible to apply for a residence permit for another purpose (e.g. for freelance work pursuant to section 21 (5) German Residence Act) without any problems before the national visa expires.
All About Berlin: How to apply for a German freelance visa
Deutsches Studierendenwerk: Aufenthalts- und Sozialrecht für internationale Studierende (2024, in German)
Guidelines on migration law for cooperation between artists and art associations in Germany, Künstlerhaus Stuttgart 2023
BMI information: Verpflichtungserklärung (declaration of commitment)