Navigating Business Visas in Germany: Freelancing vs. Self-Employed

Germany is an attractive destination for business owners and freelancers due to its robust economy and vibrant business environment. If you are looking to start a business in Germany, understanding the visa options is crucial. This article explores the residence permit for self-employment, which can be used for two main purposes: freelancing and establishing a commercial business.

General Information on Business Visas in Germany

Before diving into the specifics of each purpose, it’s important to note that different rules apply depending on whether you plan to engage in freelance work or establish a commercial business. Additionally, you may need to apply for a visa to enter Germany, depending on your nationality.

Freelancing Visa

If you wish to work as a freelancer in Germany, you can apply for a residence permit for the purpose of self-employment under § 21 Abs. 5 AufenthG (Residence Act). This visa is ideal for individuals who plan to work in professions such as artists, writers, teachers, and IT specialists.

Key Requirements:

Financial Proof: You must demonstrate that you can finance your business venture. This includes showing sufficient funds to support yourself without relying on public funds. Your income must be higher than your rent + your health insurance + around 600€ per month before taxes. The minimum income requirement may vary in different cities.
Professional Authorization: While freelancers in various fields can operate without specific permissions, certain professions, such as those in the medical or legal sectors, require specific qualifications or certifications to practice legally in Germany. If your freelance work falls within these specialized fields, obtaining professional authorization from the relevant regulatory bodies or authorities is essential to ensure compliance with legal and professional standards.
Pension Provisions: If you are over 45 years old, you must provide proof of adequate pension provisions to ensure financial stability in the future. This can include private pension plans or other retirement savings.*
Letters of Intent (LOIs): In addition to demonstrating demand for your services, Letters of Intent (LOIs) serve as proof that you’ll be able to support yourself and have a genuine need to reside in Germany. These letters, obtained from German-based companies or contacts, should outline only the nature of the work but also the expected collaboration. (Find out more about the Letters of Intent (LOIs) in our detailed blog article.)

Avoiding Pitfalls

One common pitfall for freelancers/contractors is the risk of Scheinselbständigkeit, or hidden employment. This occurs when a freelancer is classified as an employee by authorities, leading to potential legal and financial consequences. To avoid this, freelancers should maintain clear contractual agreements, demonstrate independence in their work, and ensure they are not economically dependent on a single client. Proactively seeking legal advice and staying informed about relevant regulations can also help freelancers navigate potential pitfalls.

Leveraging Resources

While freelancers can benefit from resources like the Künstlersozialkasse (KSK) for insurance coverage and financial support, it’s important to note that not all freelancers are eligible to join the KSK. The KSK provides health, nursing care, and pension insurance for artists and publicists at reduced rates. By enrolling in the KSK, freelancers can access affordable insurance options and protect themselves against unexpected financial burdens. Additionally, the KSK offers financial assistance through grants and subsidies to support freelancers in their creative endeavors.

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Self-Employment Visa

For those looking to establish a commercial business in Germany, the self-employment option under the same residence permit (§ 21 Abs. 1 AufenthG) is the appropriate choice.

Key Requirements:

Economic Interest or Regional Need: Your product or service must meet an economic interest or regional need. This means your business should benefit the local economy or fulfill a specific demand.
Positive Economic Impact: Your business activities should have a positive impact on the economy. This could involve creating jobs, contributing to technological advancements, or enhancing regional development.
Financial Backing: You must secure funding through equity or a loan commitment. This demonstrates that you have the necessary financial resources to start and maintain your business.
Pension Provisions: If you are over 45 years old, you must show proof of adequate pension provisions to ensure financial security in retirement. This could include private pension plans or other long-term savings.*
Business Plan: Instead of LOIs, you need a detailed business plan that outlines the viability of your business, including market analysis, projected financials, and growth strategy. This plan should demonstrate how your business will fulfill an economic interest or regional need and its potential positive impact on the local economy.

Privileged Countries

Citizens from certain countries are privileged in that they can enter Germany on a tourist visa and apply for the residence permit for self-employment from within Germany. This is a significant advantage as it allows for a smoother transition and quicker setup. The countries whose citizens can benefit from this privilege include:

– Australia

– Canada

– Israel

– Japan

– New Zealand

– South Korea

– United States

Long-Term Perspectives

Both the Freelancing and Self-Employment options are initially granted for up to three years. If your business idea is successful and you can support yourself and your family, the residence permit can be extended.

* Adequate Pension Provision (only if you are 45 years or older):

For the year 2024, the following applies:

By the time you reach the age of 67, you must either:

– Have a monthly pension of 1,503.34 euros (for at least 12 years), or

– Possess assets amounting to 216,481.00 euros.

However, for an unlimited settlement permit, adequate pension provision must always be demonstrated, regardless of age and nationality.

Citizens of the following countries are exempt from providing proof of pension provision:

– Dominican Republic

– Indonesia

– Japan

– Philippines

– Sri Lanka

– Turkey

– United States of America

Citizens from these countries are exempt from the requirement to provide proof of pension provisions because they have agreements with Germany to recognize pensions from these countries within the German system.

In Brief:

Choosing between freelancing and establishing a commercial business in Germany hinges on your professional qualifications and the nature of your services. Each option presents distinct opportunities and entails specific prerequisites and benefits. By comprehensively understanding these pathways, you can make an informed decision and adeptly navigate the process of setting up your enterprise in Germany.

Ready to take the next step in launching your business in Germany?

Our team at the Expat Business Club offers the expert guidance you need. Whether you’re refining your business strategy, securing essential Letters of Intent (LOIs), or crafting a winning business plan, we’ve got you covered. While we don’t handle visa applications, we navigate the complex bureaucracy and paperwork involved in registering your business in Germany. Our support will amplify your approach, boost your chances of success, and turn your business dreams into reality.

Reach out to us today and let’s embark on this exciting journey together!

Disclaimer:

This article provides a foundational overview of German visa regulations and is not exhaustive. For personalized advice tailored to your specific circumstances, it is recommended to consult a professional lawyer specializing in visa affairs.