Residence permit
for self-employed persons, freelancers and artists
Self-employed persons and freelancers 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. limited liability companies, public limited companies) if they are involved in the entrepreneurial risk of the company.
To issue a residence permit for self-employment, the law requires
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- 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. What is decisive, however, is a good business idea and a concept that proves to be viable and financially viable when analyzing the market situation. A good qualification of the entrepreneur, positive effects on the labor market and contributions to innovation and research are beneficial. Entrepreneurs over the age of 45 must also provide evidence of an “adequate” pension scheme.
To assess the business plan, the immigration authority involves the local economic authorities such as the Chamber of Industry and Commerce or the Ministry of Economic Affairs. On the basis of the documents submitted, they draw up an expert opinion as to whether there is an economic interest in setting up such a company. Unfortunately, this review process is often lengthy. It is advisable to prepare a business and financial plan thoroughly.
If a company was successful after 3 years, a (permanent) settlement permit can be issued at the company’s discretion. After 5 years there is a legal entitlement to this.
For applications for self-employment, we can recommend a law firm that also specializes in business start-ups.
The state government of Berlin has declared a special economic interest for artists and other freelancers .This significantly simplifies the granting procedure. In addition to proof of freelance or artistic activity, the main requirement is proof of sufficient commitment or financial means to finance the stay.
Our specialist lawyer for migration law Sven Hasse will support you with applications from freelancers.
