The key to obtaining a German residence permit as an entrepreneur according to § 21 AufenthG (Residence Act) is to show that the business will have a positive effect on the German economy, i.e. that there is an economic interest and / or a regional need for the business and that funding has been secured. Entrepreneurs must show 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 the economy.
In 2012, the immigration law and § 21 Residence act was changed to the effect that the applicant will no longer have to demonstrate a minimum investment amount or the creation of a certain number of workplaces. In the previous versions it was still necessary to identify an exceptional economic interest or a special regional need, which was assumed, among other reasons, in particular if substantial investments were made and a significant number of jobs are created or secured. Initially the investment volume of 1 million euros with the creation of at least ten full-time jobs was required. The provision was gradually reduced to 500,000 and 250,000 euros and five jobs and has been now completely eliminated in the current version of the German immigration law.
If the applicant has exceeded the 45th year of his life, they will be required to prove that adequate pension provisions have been made.
The following aspects determine whether the business in question will be of economic and/or regional interest:
Below, you will find list of the most frequently asked questions about our services with regard to Business Immigration in Germany. If you have any further questions about our Immigration Services or about our lawfirm in general, you can contact us at any time.
After we have prepared the required documents and cover letter in accordance with the checklist of the embassy, we will appoint an interview for the national D-Visa at the German embassy in your country of residence. You have to pay the visa fee and save the receipt in order to show it later to the consular officer during the interview.
It is important to be punctual at the embassy for your meeting with all the required documents with you arranged in the given order. Depending on the embassy the meeting will last a few minutes or up to one hour. We are offering a D-Visa coaching for our clients in order to prepare them for this interview situation. During the interview the consular officer will look at your documents and ask you a few questions regarding your background as well as the business idea and the business plan.
There is no list of industries that are preferred by the German government. In principle, you can open a business in any area and obtain a German residence permit trough Business Immigration. Limits are only set where the business model cannot be brought into line with German law.
The legal requirements are basically the same throughout Germany. However, there are of course certain industries which are preferred in some regions / cities in Germany. We will be glad to help you find the right place in Germany for your business idea. For this purpose we will conduct a market research in advance and contact the relevant authorities to discuss your Business Idea.
Applicants for Business Immigration in Germany that are over 45 years old are required to provide proof of adequate provision for old age or pension plan. Perspectively, at the age of 67, you must have the following:
Proof of a pension plan is not required for these nationalities: Dominican Republic, Indonesia, Japan, Philippines, Sri Lanka, Turkey and the United States of America.
There is no minimum investment required to obtain a residence permit as an entrepreneur in Germany. Several years ago it was assumed that the economic interests in Germany are fulfilled, if the applicant invests at least 250k EUR. This requirement has now been abolished and no minimum investment is required anymore.
However, it is important that sufficient capital is available to create the company and manage it according to the business plan. Especially for the start-up phase, sufficient liquidity should be available. There is no fixed amount for this. We always determine the capital requirement together with our clients after we have discussed the business idea and know what monthly fixed costs can be expected.
According to 21 AufenthG (Residence Act) it is considered positive if jobs are created in Germany. However, this is not a prerequisite and a residence permit can also be obtained without hiring personnel from the German labour market.
Is a company and residence address in Germany required? When do I have to register the address?
To establish the company, it is a prerequisite that a company address exists. Since our clients are often not in Germany at the time of the company foundation, many decide to rent a virtual office as a company address. After you have received the D-Visa, you must also have a private address in Germany. Otherwise you cannot register at the registration office and will not receive a residence permit.
In principle, it is also possible to set up a company with several shareholders or a joint venture company. However, it must be made very clear what kind of role and function the individual shareholders have. Please feel free to contact us regarding the planned company structure. We will advise you on the possibilities and best chances of success.
The validity of the residence permit is generally limited to a period of 3 years. Subsequently, a settlement permit (unlimited residence permit – § 9 subsection 2 AufenthG) may be granted if the applicant can show that they have covered the cost of living and that the business has been successful.
At Schlun & Elseven Rechtsanwälte, we are an internationally active law firm based in Germany. Our primary field of focus is German immigration law. On this front, we have been advising clients from all over the world – private individuals and corporations alike – for many years in a wide-range of immigration matters. With our corporate clients we have had a special focus on business immigration – from assistance with the appropriate visas to advice on relocation to Germany and support with German corporate legal requirements. On this website you will find out how our services can benefit you.
One of the services we provide is advice on German residence permits and how you can legally reside in Germany. There are several ways in which citizens from non-EU Member States can obtain a German residence permit. For example, it is possible for business investors and self-employed persons to obtain a residence permit under § 21 of the AufenthG (German Residence Act) by acquiring or by establishing a company in Germany. Whereas for highly-qualified workers they can obtain a residence permit under § 19 AufenthG and § 19a AufenthG.
When it comes to the availing of such visas, there are several steps that have to be gone through before they are awarded. It is here where having an experienced partner is of great benefit. Our lawyers regularly help our many clients to avail of suitable visas. Assisting them to fulfil the necessary requirements while bearing in mind the relevant deadlines is what we do on a daily basis. You can learn more about the services we offer by clicking on the relevant tab above.
As an internationally-oriented law firm, we understand that our clients prefer to receive advice in their own language, due to the high level of complexity and detail inherent in immigration legislation. Therefore, our attorneys are fluent in English, Spanish, Turkish, Portuguese, and Arabic as well as German. This ensures that we will be able to communicate smoothly and not get lost in translation. Please feel free to contact us directly for a consultation or to approach us with any questions or concerns you may have.
As any of our clients who has gone through the Business Immigration process in Germany will tell you, navigating any area of German immigration law is not an endeavor you'd want to go through alone. There is an extensive paperwork process that even natural-born German citizens would struggle with.
Many applicants are not clear about everything required of them during the application process, and this lack of information contains the risk, that they do not provide the involved authorities with the necessary documents / information, miss deadlines or make other mistakes. It is here where having an experienced partner is of great benefit. Our lawyers regularly help our clients to avail of suitable visas. Assisting them to fulfil the necessary requirements, while bearing in mind the relevant deadlines, is what we do on a daily basis. You can learn more about the services we offer below: Schlun & Elseven Attorneys consists of a team of highly-skilled and experienced lawyers. Our legal professionals specialise in comprehensive support of businesses and entrepreneurs, and offer a full-service package of legal counsel and representation.
Below, you will find list of the most frequently asked questions about our services with regard to Business Immigration in Germany. If you have any further questions about our Immigration Services or about our law firm in general, you can contact us at any time.
The fees we charge for our immigration services in Germany depend largely on the services required for the intended purpose and in consideration of the circumstances. After we have received your request for assistance we will provide you with a noncommittal, transparent fixed price offer for our all-inclusive services.
Under the section „Our Services“ you can find all the services that are included in our fixed price. This is a brief overview of the services that we provide of entrepreneurs in the area of Business Immigration through setting up a company in Germany:
Yes, we provide a free initial eligibility assessment. For the assessment, the following information is important, whether and how you can move to Germany.
You can use our online form in order to send us your inquiry for the free initial assessment of eligibility.
Our fee is not including the company incorporating fee. Depending on the city and notary the fees for the notary and the trade register are maximum 1.500,00 EUR in total.
