Provisions relating to rights of residence

Any foreigner wishing to enter Germany for gainful employment will require a residence permit for a specific purpose. A residence permit (abbreviated to AE in German) will generally be issued for a specific purpose and for a limited period. A settlement permit (abbreviated to NE in German) is always issued for an unlimited period and with no conditions attached.

Self-employment

Self-employment encompasses not only operating as a sole trader, it also includes freelance or similar salaried employment such as, for example, as
  1. an actively operational partner in a civil law partnership or a trading partnership (OHG), or as a general partner in a limited partnership (KG),
  2. the legal representative of a corporate body (e.g. as managing director of a limited company (GmbH), board member of joint-stock company (Aktiengesellschaft),
  3. a senior executive with general power of attorney or authority to act and sign on behalf of the company
  4. a director of a branch or plant,
  5. an employed travelling businessman (e.g. as an employed commercial agent) or
  6. an agent as defined under § 45 of the German Industrial Code or by the Hospitality Act.
Depending on the required duration of the residence permit for gainful employment requiring approval, a residence permit for a specific purpose or a settlement permit will usually be considered. There are, however, exceptions to this general rule because there are significant differences in the rules governing entry into, and residence in, Germany depending on the entrant's country of origin and the purpose of entry. In general, the various legal regulations which apply to employed persons from EU countries, Switzerland and from member states of the European Economic Area (EEA) Treaty are considered.

Citizens of member states of the European Union, Switzerland and the European Economic Area

Citizens of EU countries, Switzerland and the EEA states enjoy unrestricted freedom of movement in the Federal Republic of Germany under the agreements relating to creation of the EEA. This means in principle that citizens of the EU, the EEA and Switzerland who are self-employed or in paid employment are on a par with German citizens. Special provisions apply to certain groups of professions and this should always be clarified in advance with the relevant institution (e.g. Chamber of Industry and Trade, Chamber of Crafts, Medical Association). Information is available from the aliens' department of the registry office and the Hamburg Welcome Center in cases of doubt.

Citizens of non-member states of the European Union and the European Economic Area

Foreign nationals of non-EU/EEA countries generally require a visa as well as a valid passport prior to entry into the Federal Republic of Germany. As a rule, a visa can be obtained prior to entry into Germany. A visa application can be submitted to the German mission in the applicant's home country or in the applicant's country of permanent residence. Exceptions apply for citizens of the USA, Canada, Israel, Japan, Korea (South), Australia, United Kingdom and New Zealand. Citizens of these nations may apply to the relevant aliens' registration office in Germany for a residence permit for the Federal Republic of Germany. It should, however, be noted that the proposed activity must not commence prior to approval being granted by the relevant aliens' registration office.
Contrary to this generally applicable rule, residents of certain countries on the so-called "positive list" are permitted to remain for tourist purposes for up to a maximum of three months without a visa.
It is permitted to make preparations for founding a business or investment plans during a brief visit to the Federal Republic for tourist purposes. Negotiations may be conducted for example, contracts signs, exhibition stands built and machinery assembled or installed. Further information is available from the consular departments of German missions abroad (embassies or consulates-general).
Business visa
If you wish to work in Germany without moving to Germany, you will need, as a minimum, what is known as a business visa which may be issued for repeated trips into and out of Germany as well as for stays of up to a total of 90 days within any 180 days period. This type of visa permits foreign nationals to make other business contacts in addition to the preparations for founding a business and company referred to above, but not to be employed. A business visa permits attendance at a company's meetings of shareholders, at important business negotiations and at balance sheet discussions, etc.
Residence permit
If a citizen who is not a national of the EU, the EEA or Switzerland, and is therefore deemed to be a third country national, plans to remain for longer than three months, or to seek self-employment or similar paid employment, a residence permit must as a rule be issued prior to entering the Federal Republic of Germany. The date of entry is then forwarded to the competent aliens' registration office in Germany. This office sends a statement to the German mission abroad on the basis of which the German mission abroad decides whether a visa for entry into Germany may be issued. As part of the visa process, the aliens' registration office in Germany decides whether the residence permit is to be tied to a specific purpose of stay, and whether self-employment or similar paid employment can be approved. Self-employment or paid employment must be expressly permitted in the residence permit issued by the aliens' registration office following entry into Germany.
Further information is available from:
Updated: 13th December 2024