A genuine blocking minority can replace the 50 percent rule

Do you have less than 50 percent of the shares? You can still meet the requirement. However, your articles of association must grant you a genuine blocking minority that covers all business decisions.

Voluntary statutory insurance has prerequisites

Do you want to voluntarily join the statutory health insurance as a self-employed person? This is only possible if you were previously insured in Germany for 12 months. Or if you were subject to compulsory insurance for a total of 24 months in the last 5 years.

Exceptions possible for rejected industries

Does your business belong to an industry that is normally rejected? Exceptions still exist. For example, if you invest at least 250,000 euros or intend to create five jobs.

Apply for Residence Permit for Self-Employment

You would like to become self-employed in Germany? Then you can apply for a residence permit.

At a glance

How do you get a residence permit for self-employment?

You would like to start a business or pursue a commercial self-employed activity in Germany. Then you may be granted a residence permit for self-employment. This is at the authority''s discretion.

This residence permit applies to starting a business, to sole traders, and to managing directors of partnerships and corporations who bear entrepreneurial responsibility.

There are three ways to meet the requirements. First: your activity has positive effects on the Berlin economy. Second: you studied or worked in research in Germany and your self-employment is related to this. Third: you have a scholarship for starting a business.

Note: Different requirements apply for freelance activities.

Requirements

Who qualifies?

You would like to start a business, pursue a commercial self-employed activity or work as a managing director with entrepreneurial responsibility

Additional requirements

You need a valid residence title (for example a national D visa or a residence permit) or you are entitled to apply after visa-free entry due to your nationality. A Schengen visa (C visa) is not sufficient.
You meet one of three requirements: either your activity has positive effects on the Berlin economy and the financing is secured. Or you successfully studied or worked in research in Germany and your self-employment is related to this. Or you have a scholarship for starting a business (for example EXIST founding scholarship or Berlin Startup Stipendium).
From age 45, you need adequate retirement provision: at least 1,612.53 euros monthly pension or 232,204.00 euros in assets. Exceptions apply for nationals of the Dominican Republic, Indonesia, Japan, the Philippines and Sri Lanka.
You need adequate health insurance (statutory or comparable private) and your main residence must be in Berlin. There must be no grounds for expulsion.

How to apply

Submit the online application for a residence permit for self-employed or freelance persons and have all documents ready

Pay the partial processing fee of 13.00 euros before submitting by credit card or PayPal

Upload the business plan, financing plan, company profile, CV and all other documents

Wait for the review by the LEA. The authority will involve the Chamber of Commerce or Crafts if needed

Attend the appointment and bring all documents listed in the invitation letter

Done! You may receive the residence permit. The authority will decide on your application.

Finanzierungsplan

56,00EUR

Issuance of the residence permit as a sticker

Issuance of the residence permit as an electronic residence title100,00 EUR
Issuance of the residence permit for Turkish nationals up to age 2422,80 EUR
Issuance of the residence permit for Turkish nationals from age 2437,00 EUR
Creation of a digital passport photo at the self-service terminal on site (additional)6,00 EUR

Good to know

Do you operate a company in Berlin and live abroad? Then you can receive a multiple-entry visa instead of a national visa. It can be valid for 12 months up to 5 years.

so kommt neben der Erteilung eines nationalen Visums für längerfristige Aufenthalte auch die Erteilung eines Mehrfachvisums gem. Art. 24 Abs. 2 des Visakodex mit einer Gültigkeitsdauer von zwölf Monaten bis zu fünf Jahren in Betracht

VAB A.21, S. 249-261

Are you the managing director of a GmbH or board member of an AG? Then you need at least 50 percent of the company shares. Only then does the authority recognise your entrepreneurial responsibility.

müssen sie Kapitaleigner, Mitgesellschafter oder Genosse mit einer Unternehmensbeteiligung von mindestens 50 % der Anteile sein

VAB A.21, S. 249-261

Has your residence title expired and the IHK is still reviewing your application? Then you will receive a Fiktionsbescheinigung (provisional residence document) for 3 months. This allows you to stay legally in Germany until the review is completed.

Wird im Einzelfall eine Beteiligung der IHK o. HWK Berlin erforderlich, sind bei Ausländern deren Aufenthaltstitel abgelaufen sind, Fiktionsbescheinigungen nach § 81 für 3 Monate zu erteilen.

VAB A.21, S. 249-261

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