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Effects of short work allowance (“Kurzarbeitergeld”) on the residence status of foreign employees

Employers who employ third-country nationals (i.e. employees who are not German citizens or nationals of EU or EEA member states or Switzerland) and who apply for short work allowance (“Kurzarbeitergeld”) in the course of the corona crisis are confronted with the consideration whether applying for short work allowance may have a negative impact on the residence status of these employees. The Federal Ministry of the Interior has commented on this issue in a circular letter to the ministries and administrations of the federal states responsible for immigration law, as described below. Ganzen Artikel lesen


Italy introduces new health, safety and economic support measures to manage the coronavirus epidemic

Italy has put in place a range of new measures to contain the COVID-19 virus and provide economic support.  A Decree of the President of the Council of Ministers (DPCM) approved on 22 March 2020 saw the Italian government introduce further measures for the containment and management of the COVID-19 health emergency. These measures will apply nationwide. The government’s further intervention became necessary in view of the latest developments in the public health emergency, the very diffuse nature of the epidemic, and the...

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Skilled Immigration Act from 1st March 2020: Changes for Employers

On 1st March 2020, the Skilled Immigration Act will come into force in Germany. It will primarily amend the Residence Act (AufenthG) and therefore change the rules applicable to employers regarding the employment of third-country nationals. The Skilled Immigration Act intends to simplify and speed up the employment of skilled workers from outside the EU, EEA and Switzerland with a university degree or vocational training. We have therefore summarised the new rules relevant to employers who employ foreign skilled workers – or would like to do so - below. Ganzen Artikel lesen


No-Deal Brexit – Update: Residence and labour market access for UK citizens in Germany

With the re-election of a conservative majority in the UK Parliament, UK citizens - and their em-ployers - continue to face the question to which extent they will be allowed to reside and work in Germany after a "No-Deal Brexit”, i.e. after a withdrawal of the UK from the EU without an agree-ment regulating the legal modalities of the withdrawal, on the new Brexit date on 31 January 2020.
Without such a “Brexit agreement”, the UK becomes a third country in relation to EU member states, including Germany, on Brexit date. Therefore, UK citizens who were previously able to en-ter, live and work in Germany and other EU Member States as EU citizens under the rules of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) without a residence permit would, at once, no longer be covered by these treaties on 31st January 2020 (or any later date Brexit may be postponed to). Therefore, the third-country nationals’ immi-gration regime becomes applicable to UK citizens entering, residing and working in Germany.
In order to ease the transition, German and EU legislators have already passed and planned various regulations for the case of a "No-Deal Brexit". These rules give UK nationals (and their family mem-bers) some privileges over other third-country nationals and are summarised below.
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