Labor&Immigration
The Evolution and Impact of the Esports Visa in Germany
The world of esports has seen exponential growth over the past few years, and with this growth comes the need for streamlined international processes. Recognizing the significance of esports in the global arena, Germany has taken a pioneering step by introducing a dedicated visa for esports professionals. This article delves into the inception, features, and implications of the Esports Visa in Germany, combining insights from both the ESBD (eSport-Bund Deutschland) and information from our partner LHR Law.
Previously, esports players were not recognized as professional athletes in Germany. This meant they couldn’t benefit from the special regulations of the Employment Ordinance (BeschV) tailored for professional athletes. However, the landscape began to change when esports tournaments were recognized as events with a sporting character. This interim recognition allowed esports professionals a stay of up to 90 days (within a 12-month period) without the approval of the Federal Employment Agency, simplifying the entry process. Yet, challenges persisted for those wishing to join a German team beyond these 90 days or for certain events.
Recognizing the challenges and the burgeoning international orientation of esports, the German government introduced the Esports Visa in March 2020. This move was not just a response to the increasing visa inquiries by professional esports players but also a strategic step to position Germany as a global hub for esports events and talent.
Key Features of the Esports Visa
- Nature of the Visa: The Esports Visa allows professional esports players from non-EU countries to obtain a residence permit in Germany without the need for approval from the Federal Employment Agency. This facilitates joining a professional team based in Germany.
- Duration: The visa caters to both short-term and long-term stays. While the short-term visa covers up to 90 days, the long-term visa is designed for stays exceeding this period, with its duration determined by the esports professional’s employment contract.
- Application Process: Esports professionals must submit their visa applications at German foreign representations in their home country. Some embassies even offer online application services, streamlining the process further. The final decision rests solely with German authorities.
- Eligibility Criteria: Applicants must:
- Be at least 16 years old.
- Receive a contractually agreed salary that meets specified minimum thresholds (EUR 3,550 per month in the new regions and EUR 7,300 in the old regions).
- Obtain confirmation from the ESBD regarding their professional status and the significance of their esports activities.
- Support Mechanisms: The ESBD offers individualized support for esports players navigating the visa process. While this support is invaluable, it doesn’t replace formal legal advice.
- Qualified Game Operation Criteria: A league or tournament series must be of national or international significance to qualify. The ESBD, in collaboration with game esports, has detailed criteria to ensure compliance with legislative requirements.
Implications and Future Outlook
The introduction of the Esports Visa has positioned Germany at the forefront of the esports industry. Not only does it simplify the entry and stay of international esports professionals, but it also makes Germany an attractive destination for international tournaments and major events. This visa, unique in its design, promotes fair global competition, allowing players to focus solely on their performance. Moreover, it opens doors for national sponsors to gain international recognition.
Via LHR Law and German Esports Federation