Self-employed persons, freelancers and partners in a partnership can obtain a residence permit to establish and run their business in Germany in accordance with § 21 AufenthG. This also applies to legal representatives (e.g. managing directors) of legal entities (e.g. GmbH, Aktiengesellschaft) if they share in the entrepreneurial risk of the company.
The key to obtaining a German residence permit as an self employed person is showing that the business will have positive effects on the German economy, i.e. that there is an economic interest in and/or a regional need for the business and that financing has been secured. Entrepreneurs have to address that their business will increase the market potential as well as sales opportunities of other German enterprises and that it will create a positive impact on economy. If the applicant has exceeded the 45th year of his life, he will be required to prove adequate pension provisions have been taken.
Minimum investment sums or a certain number of jobs do not have to be proven. What is decisive, however, is a good business idea and a concept that proves to be viable and financially viable when the market situation is analysed. A good qualification of the entrepreneur, positive effects on the labour market and contributions to innovation and research are beneficial.
The Foreigners Authority involves the local economic authorities such as the Chamber of Commerce and Industry or the Ministry of Economics in assessing the business plan. On the basis of the documents submitted, these authorities draw up an expert opinion as to whether there is an economic interest in setting up such an enterprise. Unfortunately, this examination procedure is often lengthy. It is advisable to prepare a business and financial plan thoroughly.
The residence permit will be issued for a maximum of three years, after which a settlement permit can be issued if the self-employment has proven successful and the livelihood of all your legal dependants is assured.
Our team of highly skilled lawyers, specialized in comprehensively supporting entrepreneurs, offers an all around package of legal services under one roof.
Among others, we offer the following legal services:
Are you planning to come and work in Germany, or to join your spouse or your family? Or would you like to study at a German University? We inform you about various possibilities and individual requirements for living and working in Germany. You can also find out about the right to asylum.
GHENDLER RUVINSKIJ Rechtsanwälte Partnerschaftsgesellschaft mbB (attorneys at law) consists of a team of experienced lawyers, covering amongst others immigration law, labour law and contract law. We will accompany you during the whole application and acquisition process for obtaining your business visa. We will help you to raise and operate your business successfully in Germany. We are looking forward to hearing from you!