Freelancing and self-employment

Applying for a permit for freelancers or self-employed persons is not without its challenges.

Unlike some types of residence permit that must be issued if you meet the criteria, self-employment and freelancing permits are more discretionary. As the law says in § 21 AufenthG, the permit “may be issued”.

It’s important to know whether your work is counted as a freelancer (Freiberufler) or self-employed (Gewerbetreibende). Freiberufler are specific professionals offering services. This includes, teachers, writers, architects or engineers. Only freelancers can apply for a freelance permit. Other self-employed people fall into the category of Gewerbetreibende. If you fall into this category, you can apply for a residence permit for the purpose of self-employment.

Read more on the difference between Freiberufler and Gewerbetreibende: here.

Residence permit for self-employment

The permit can be issued if you are a founder of a company, a sole proprietor, or the managing director or legal representative of partnerships and corporations with entrepreneurial responsibility.

An economic interest or regional need must exist for your business and it must be expected to have a positive impact of the economy. You must also be able to finance the venture with your own funds or a loan commitment.

This does not apply to university graduates, researchers and scientist if you have successfully studied in Germany or are working as a researcher or scientist in Germany and hold a residence permit. If this applies, the occupation you intend to pursue must be connected to knowledge gained from your studies or your occupation as a researcher or scientist.

If you are older than 45, you must have an adequate pension plan. This does not apply to citizens of Dominican Republic, Indonesia, Japan, Philippines, Sri Lanka, Turkey and the United States of: America.

It’s important to note that you must also meet the requirements of registering your occupation, such as getting a trade license (Gewerbeschein) and, if applicable, being listed in the trade register (Handelsregister).

Residence permit for freelancers

The pursued occupation must be classified as freelance employment in accordance with § 18 (1) EstG.

For your application to be successful, you must show that your business is expected to have a positive economic or cultural impact.

You should demonstrate that you have prospective clients and provide a revenue forecast. If your occupation requires a professional permit (law license, for example), this must also be included in the application. For some occupations, you must show that you have regular other income.

For advice on applying for a freelance or self-employment permit, support with your business or financing plan, or legal representation with the authorities, please book a consultation.

The above article is for informational purposes only and makes to claim to completeness. It should not be considered legal information. Legal advice is only provided as part of an in-depth consultation on your specific situation.