Visa for self-employed activities and freelancers in Germany

Would you like to work as a self-employed person in Germany? We will be happy to support you with the application for an appropriate residence permit and all the necessary formalities for setting up your business. If you are not yet in Germany we will gladly represent you in the visa procedure at the German embassy.

 

The residence permits for the exercise of self-employed and freelance activities are regulated in art. 21 of the German Residence Act (Aufenthaltsgesetz ). The following residence permits are available:

  • Residence permit for the exercise of a self-employed activity, Section 21 (1) Residence Act
  • Residence permit for the exercise of self-employed activity in the presence of international law privileges for nationals of certain states, Section 21 Para. 1a Residence Act
  • Residence permit for graduates of a German university, Section 21 Para. 2 Residence Act
  • Residence permit for the exercise of a liberal profession, Section 21 Para. 5 Residence Act
  • Permit for self-employment for holders of another residence permit, Section 21 residence permit, section 21 (6) Residence Act

A residence permit according to section 21, paragraph 1 of the Residence Act for the purpose of self-employment can be granted if

  • there is an economic interest or a regional need
  • the activity is expected to have a positive impact on the economy
  • the financing of the implementation is secured by equity capital or a loan commitment.

A regional need exists when a region is undersupplied with certain goods or services at the planned location. Positive impact on the economy means, for example, the Creation of new jobs. One-man craft businesses or small fast-food outlets are suitable therefore do not qualify for Section 21 (1) of the Residence Act, for example; however, such projects could be under Section 21 (6) of the Residence Act.

 

For the authorities, the assessment of the planned self-employment is based on the viability of the underlying business idea, the entrepreneurial experience, the amount of capital the amount of capital invested, the impact on the employment and training situation and the contribution to innovation and research. These criteria do not all have to be cumulative. With convincing argumentation, on the basis of which the authority can make the prognosis of a viable enterprise. When assessing these criteria, i.e. the viability of the enterprise, the authorities, such as the Chamber of Industry and Commerce (“Industrie- und Handelskammer, IHK”) or the Chamber of Crafts (“Handwerkskammer / HWK”) are involved. This involvement can take several months from the time the application is submitted to the foreigners authority or after applying for the visa. Therefore, bring patience with you. The core question of the foreigners authority and the viable agencies is whether the venture is likely to be of any use.

 

I will gladly get involved in this process for you and argue in favor of your visa and your planned or already existing business. Company. The previous regulation, according to which € 250,000.00 must be invested, has been abolished. Nevertheless the administration still orients itself at this sum. However, it is now possible, due to the legislator, it is now possible to invest a significantly lower amount with a particularly good and innovative business idea to invest a significantly lower amount. It depends on a concept that can be convincingly presented to the authorities and the relevant bodies. In any case, a high investment sum or simply the purchase of real estate is not sufficient.

 

We are also happy to work together with your tax advisor and help him or her with the preparation of a business plan. Alternatively, we would be happy to revise an existing business plan according to residence law criteria. If you are applying for a residence permit according to section 21 Abs. 1 of the German Civil Code (BGB), we can help you. Alternatively, we would be happy to revise an existing business plan according to residence law criteria. If you are applying for a residence permit according to section 21, paragraph 1 of the Residence Act (AufenthG) or another residence permit for the self-employed activity, you are welcome to contact us.