Issuing a residence permit to pursue a self-employed activity
A temporary residence permit for the exercise of a self-employed activity can be issued after entry with a corresponding national visa, if the financing of the implementation is secured and positive effects on the economy are to be expected.
The residence permit is limited to a maximum of three years. If your company is successful and your livelihood continues to be secured, a settlement permit can then be issued.
If you have obtained a residence permit for another purpose, you may still be allowed to work as a self-employed person if you have been granted or promised the otherwise necessary permits.
- Proof of the above requirements
in the case of self-employment: additional
- Proof of the investment project
- Proof of financing (total amount and number of jobs)
for applicants over 45 years of age: additional
- Proof of adequate pension provision
- If applicable, proof of professional permits (e.g. restaurant permit, entry in the craft register)
- a current biometric passport photo
The issue of a residence permit generally presupposes that:
- you comply with the passport and visa requirement (in order to fulfil the passport requirement, it is sufficient if you have a substitute for identity card),
- subsistence is secured without the use of public funds (subsistence is considered to be secured if income is generated in the amount of the simple standard social assistance rate plus the costs of accommodation and heating and any health insurance contributions),
- there is no reason for expulsion, and
- Your stay does not adversely affect or endanger the interests of the Federal Republic of Germany for any other reason.
- there is an overriding economic interest or a special regional need,
- the activity can be expected to have a positive impact on the economy, and
- the financing of the implementation is secured by equity or by a loan commitment.
If these conditions are met, a case-by-case examination is carried out to clarify, among other things, whether the planned activity is based on a viable business idea. Among other things, the following are of importance:
- entrepreneurial experience
- Amount of capital investment
- Impact on the employment and training situation
- Contribution to innovation and research
The Foreigners' Registration Office obtains comments from expert bodies in this regard.
If you want to become a freelancer, the special requirements for self-employed persons do not have to be met, but instead you need the necessary permits for the exercise of the liberal profession or at least the promise of their granting. The group of freelancers is based on the catalogue occupations of § 18 sec. 1 no. 1 of the Income Tax Act, which include, for example, artists, writers, auditors, tax consultants, interpreters or architects. The prerequisite is that the freelance activity is actually carried out independently.
If you are older than 45 years, you will only receive a residence permit if you have an adequate pension.
Please also note the further information on the subject of "Visa and Residence Permit" in the following services:
Introduction of the electronic residence permit (eAT)
Visa: apply - for the purpose of entering Germany
On the basis of their right of free movement within the framework of their right of establishment, Union citizens may pursue a self-employed activity in the Federal territory. The same applies to other nationals of the European Economic Area and nationals of Switzerland.
§ 5 Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (AufenthG)
§ 7 Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (AufenthG)
§ 8 Act on the Residence, Employment and Integration of Foreigners in The Federal Territory (AufenthG)
§ 21 Act on the Residence, Employment and Integration of Foreigners in The Federal Territory (AufenthG)
Act on the Residence, Employment and Integration of Foreigners in Germany (AufenthG)
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