Contract for foreign national

**MyUserName** · 11 March 2013, 09:33

I would expect that they will not process the visa for you. They might as well just get someone else who is already cleared to travel there.

For all they know they will have problem after problem getting you cleared etc (although this would be unlikely because we are all in the EU) so they would get a lot less risk finding someone who is already cleared.

**stek** · 11 March 2013, 09:37

Originally posted by rurffy View Post

Hi all ,

What do you guys think - do companies process visa for contractors ?

No, You would have to organise your own Schengen Business visa or the company in Germany would have to apply for a Work Permit for you (my missus' took seven months).

In any case, if you have a UK Work Permit you are only allowed to work for the UK company that processed it unless you have a Tier 1 or HSMP that was.

Also as you are Ltd I presume, your limited would have to arrange the German WP, impossible without a German branch or GmBH..

No idea about Portugal though I imagine it would be similar.

**cojak** · 11 March 2013, 09:38

Contracting is not the same as permanent employment.

Contractors are expected to be ready to work from day 1 - did you tell the client and agent about your visa restrictions?

If not I suspect that they'll be finding out very soon, judging from your other thread.

**rurffy** · 11 March 2013, 10:22

Hi guys thanks for the reply , so lets say I want to arrange my own visa .... Will it be a problem on my clients end ? I mean so you think they would say ..... No . (Even though they found me excellent for the role ?)

**MyUserName** · 11 March 2013, 10:40

Originally posted by rurffy View Post

Hi guys thanks for the reply , so lets say I want to arrange my own visa .... Will it be a problem on my clients end ? I mean so you think they would say ..... No . (Even though they found me excellent for the role ?)

It would be a problem as they need you to work now and you can not.

**stek** · 11 March 2013, 10:43

Ok, what nationality are you? You might not need a visa for business trips at least.

Next, the grey area of business visa vs work permit. For me a business visa is for meetings, attending a presentation etc, ie not productive work. So if that's what you will be doing go that route. Bear in mind it's not a speedy process, usually means a trip to the country's consulate with the form, the fee, your passport and proof of health insurance, hotel booking and such. My missus' passport has about 5 of these in, only once did she not need a consulate visit (Switzerland) and after he initial German Schengen visa she got the rest by post (two week turnaround). Initial visas are usually just the duration of the trip, after a while you might get a six month or a year multi one. Also be warned that you are only allowed to be present in the Schengen Zone (basically most of the EU plus a few others) for 90 days in every 180. Exceed that at your peril.

Now if you will be performing bona-fide work, ie sat at a desk doing stuff or cabling up or developing code you will need a work permit for each country, what a nightmare. My other half had a German one, that took ages to get, and involved her calling the Arbeitsamt frequently in Bonn in her case and having to speak fluent German, which thankfully she does or she'd never have got it. There is no EU-wide work permit.

So, who applies for the WP? The local company does, as you work for rurrfy Ltd (assuming you are Ltd) they would have to apply for the WP, which they can't unless German based or have a German office. Added to that you'd need a trading record in Germany and prove that no local or EU candidate can fulfil this role, via adverts and a documented interview process. If your clientco has a German presence, which sounds likely, they can't apply for a WP because they don't employ you. Rock and a hard place I'm afraid.

Any ideas what you would be expected to do in these countries?

**Wanderer** · 11 March 2013, 10:57

Originally posted by rurffy View Post

based in London but there would be frequent travel to Germany and Portugal ..

What's your nationality? You may find that you are able to spend 90 days in the Schengen area within a six month period or you may need to get a Schengen visa. You will get your passport stamped every time you enter and you will also be questioned, typically "What is the purpose of your visit" is their opening line. Once you have a few pages of stamps, you can expect a few extra questions.

From years of experience crossing dozens of countries, I've found that giving them the "correct" answer in clear and simple terms in the first instance will save you a lot of problems so it's worth finding out what your rights are before you go. If you appear nervous or say something unusual then they may misinterpret it and you will be detained and questioned which can be stressful/annoying/inconvenient.

**northernladuk** · 11 March 2013, 11:18

Bearing in mind there will be anotother 50 contractors going for this role that can do this I wouldn't waste your time and look for something else.

**AnonAgent** · 11 March 2013, 11:36

Originally posted by northernladuk View Post

Bearing in mind there will be anotother 50 contractors going for this role that can do this I wouldn't waste your time and look for something else.

Not necessarily!

As long as the client is aware of your Visa situation, then it should be fine.

Contract for foreign national