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General Principles of Immigration

Basics 

Each country enforces unique regulations governing foreign nationals' entry, stay, and work activities within their territory and uses advanced technology to detect violations such as improper entry, unauthorized activities, and visa overstays.

The Navigator helps efficiently gather critical information you and your legal counsel need to meet Business Immigration requirements and prevent costly delays and compliance issues.

Permission to Enter a Country 

Checklists:

  • The Entry Visa Requirement

  • Regional Visa Arrangements

  • Country Guides

While not all cross-border workers require immigration approval, many do. Therefore, it is essential to determine whether entry visa requirements apply to the specific situation. An Entry Visa only relates to entering a country. It indicates that at the time the Visa was issued, there was no objection to coming to the country to ask  permission to enter.

This Roadmap outlines the fundamental principles governing entry visas. 

Permission to Enter the Schengen Area 

Checklists:

  • The Scope of the Schengen Visa

  • The Visitor's Nationality

  • The Stay Limits

  • Avoiding Overstay Limitations

  • Country Guides

Because of its importance for international work relations, as well as its complexity and severe repercussions of non-compliance, this Roadmap provides special attention to the Schengen visa. This specialized entry permit is based on an agreement among 29 European countries that allows for short-term travel without individual visas and eliminates border controls between member states.

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Permission to Work in a Country

Checklists:

  • Reassessing the Legal Relationship

  • Exploring Exemptions and Simplified Procedures

  • Country Guides

For corporate immigration, the main rule is that a work permit is always required unless the person or the specific activities qualify for an exemption. 

This Roadmap outlines the fundamental principles that cross-border workers and their employers must adhere to when sending employees across borders to work there. 

EU Pathways for Residence and Work

Checklists:

  • EU Intra-Corporate Transfer 

  • EU Blue Card

  • EU Posting of Workers

  • VanderElst Ruling

  • National Schemes

  • Country Guides

The EU does not have a single unified immigration framework; instead, member states run their own national programs for foreigners residing and working on their territory, alongside the EU‑wide legislative acts. This makes the EU  one of the most challenging regions in the world when it comes to immigration.

In this Roadmap, the Navigator provides a detailed overview of pathways and their specific eligibility requirements.

Statutory & Regulatory Compliance

Checklists:

  • ID-Check

  • Candidate Background Checks

  • Administration & Retention  

  • Reporting 

  • Former Employees

  • Compliance Framework​

Any company sponsoring the immigration of a worker has obligations. Failure to comply may have far-reaching consequences in terms of financial penalties, operational disruptions, and significant reputational damage for the company and employee.

In this Roadmap, you will find compliance obligations that apply universally to all visas and permits regardless of the issuing country. For more detailed information on country-specific requirements, please refer to the Country Guides.

Special Attention - EU Posting of Workers

The EU's Freedom to Provide Services enables companies to offer services across member states, allowing them to send employees to perform tasks there without extensive immigration procedures. Nevertheless, employers must comply with robust worker protection requirements outlined in the EU Posted Workers Directives (PWD) and each country's unique  immigration , labor laws, wage standards, and social systems. ​

Given the complexity of the PWD Regime, the Navigator created a profile dedicated to the EU Posted Worker, encompassing the relevant disciplines, including immigration.​

Special Attention - The Business Traveler

This section addresses the compliance challenges faced by international business travelers with a special focus on extended or numerous business trips that can inadvertently trigger regulatory obligations and attract heightened scrutiny from immigration authorities.

Since business travel regulations vary significantly across jurisdictions, please refer to our Country Guides for detailed country-specific requirements and compliance recommendations.

​​​​​​​​​Key Tips for Success

 

1. Secure Expert Guidance

The Navigator serves as a tool for understanding the complexities of Global Mobility. While comprehensive, it cannot address every practical situation or legal nuance and must never replace official documentation or professional consultation.

Each situation requires tailored guidance based on specific circumstances. We strongly recommend consulting qualified experts in all relevant countries before making decisions. Use the Navigator as a guideline to navigate the various subjects you'll encounter and as a framework for developing questions when meeting with your advisers.

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2. Maintain Vigilant Oversight

Even minor changes in international work arrangements can have significant legal and financial consequences. Protect all parties by implementing these three critical practices:

- Document all work terms and conditions comprehensively at the outset

- Monitor actual working conditions and circumstances regularly

- Respond promptly to any changes in the work arrangement.

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