Residence permit
for self-employed persons, freelancers and artists
Self-employed persons and freelancers can obtain a residence permit to establish and run a company in Germany in accordance with § 21 AufenthG. This also applies to legal representatives (e.g. managing directors) of legal entities (e.g. GmbH, AG) if they are involved in the entrepreneurial risk of the company.
Self-employment (§ 21 AufenthG)
The law requires a residence permit for self-employment to be issued:
- an economic interest or a regional need,
- positive effects of the activity on the economy and
- securing financing through equity or a loan commitment.
Minimum investment sums or a certain number of jobs do not have to be proven. The decisive factors are a convincing business idea and a viable business plan. A good qualification of the entrepreneur, positive effects on the labor market as well as contributions to innovation and research have a positive effect. Entrepreneurs over the age of 45 must also provide evidence of an adequate pension plan.
The Immigration Office involves the local economic authorities (e.g. Chamber of Industry and Commerce or Ministry of Economic Affairs) to assess the business plan. These draw up an expert opinion as to whether there is an economic interest in setting up the business. Unfortunately, the assessment procedure is often lengthy – thorough preparation of the business and financial plan is therefore particularly important.
Please note: We do not accept mandates for self-employment with a focus on company formation / preparation of business plans. We are happy to recommend a specialized law firm for this area.
If the company was successful after 3 years, it may, at its discretion Settlement permit be granted. After 5 years there is a Legal claim.
Freelancers and artists in Berlin
The Berlin state government has declared a special economic interest for artists and other freelancers. This has significantly simplified the application process. In addition to proof of freelance or artistic activity, the main requirement is proof of anticipated engagements or sufficient financial means to secure a livelihood.
