Residence permit for self-employed persons in Germany
The idea that the right of residence in Germany is aimed exclusively at employees is a misconception. In fact, self-employed entrepreneurs from abroad are always welcome in Germany. There is a special residence permit for them, which can be found in Section 21 of the Residence Act (AufenthG). It offers founders, entrepreneurs and investors from third countries the opportunity to settle in Germany with their company. Below we explain the requirements for the residence permit for self-employed entrepreneurs and the application procedure. We also explain how the experienced lawyers at RT & Partner can support you.
Why work as a self-employed entrepreneur in Germany?
Germany offers numerous advantages to foreign self-employed people and start-ups: Every company can find its place in the diverse economic landscape. Some of the most successful and influential companies got their start in the Federal Republic of Germany. And even today, Germany, with its unique start-up culture, is home to a wide variety of start-ups; no wonder, after all, as Europe's largest economy, Germany offers a stable market and a strong economic environment for entrepreneurs.
Last but not least, the well-developed infrastructure is attractive for self-employed entrepreneurs. There are numerous supporting institutions, such as chambers of industry and commerce, marketing agencies, management consultancies and law firms, which are invaluable, especially for start-ups. Germany also has a large number of excellently trained specialists that you can draw on for your company.
Requirements for a residence permit for self-employed persons
When examining your application, the Immigration Office will first obtain a comprehensive picture of your company. The following questions are decisive here:
Is the financing of your company secured?
If you want to set up your own business in Germany as a foreigner, the financing of your company must be secured - either through equity capital or through loan commitments from third parties.
Is there an economic interest or a regional need for your activity?
Another decisive factor is the added value that your company brings - be it for the region in which you want to operate or for the economic situation in Germany in general. Among other things, the authorities take into account whether your company contributes to innovation and research, whether and to what extent profits can be expected, and whether your company creates jobs or apprenticeships.
Is your business idea viable?
The underlying business idea must be economically viable - in other words, there must be good prospects of success . Your company should offer something for which there is likely to be a market. Original and unrivaled ideas in particular have a better chance of success.
Do you have entrepreneurial experience?
Although it is not a mandatory requirement that you have already successfully founded and run a company, such experience can be advantageous for your application for a residence permit in accordance with Section 21 AufenthG. Your previous experience and entrepreneurial spirit can significantly increase the chances of a positive decision.
Procedure of the application process
As you can see, the foreigners authority's examination is quite extensive. One of the most important elements of your application for a residence permit for self-employed persons is therefore a comprehensive and detailed business plan. The more precisely you describe how you want to set up your business and what turnover and profits you expect, the better. This will enable the authorities to make a realistic assessment of your business idea and at the same time show that you have mastered your trade as an entrepreneur.
You then submit this business plan together with the other documents and the application form to the German diplomatic mission or immigration authority responsible for you. The authority will review your application and business plan with the involvement of expert bodies and professional organizations as well as the trade authorities responsible for your company.
How can lawyers help you?
The requirements for obtaining a residence permit for self-employment are complex and require careful preparation. Our law firm offers you comprehensive support: If required, our experienced lawyers will support you in drawing up your business plan, check all documents for completeness and validity, handle all communication with the relevant authorities from the application to the decision, and support you throughout the entire application process. Our expertise and close cooperation with the authorities ensure that your application is prepared in the best possible way to maximize your chances of approval. Contact us to find out more about your options.
