I live in Germany since 2005. My husband works here and I had Dependant Visa. Last month I've found a job as a freelance(Freie mitarbeiter) programmer. When I approached the Auslaenderbehoerde for workpermit, my case manager said that since we have already completed our 3 years stay in Germany, my husband can get a workpermit that is not bound to a company. Once his status is changed, mine also gets changed automatically it seems. She said with the new status I am automatically eligible to work anywhere in Germany BUT I am not allowed to be self-employed (Selbstaendigkeit nicht erlaubt). She's a nice lady and recommends that its easier to get this status and asked me to check with my would-be employer whether this status is enough for them to give me this job. She said When the company says this is not sufficient then we can apply for Selbstaendig status. She feels that it a more complicated procedure and takes lot of time.
Well, now my question is that - will the open work permit be sufficient to work as Freie Mitarbeterin? In my case, I dont think I've to call myself self-employed. Because I am not going to develop something and sell. I am going to sit there in their office and develop something as per their requirement. Does anybody had a similar case? Is the open work permit be sufficient to work as Freie Mitarbeterin?If not - Am I eligible for applying for the Selbstaendig status. Is it complicated? Should my would be employer has to do something inorder to get Selbstaendig status for me???

Any advice would be appreciated. thanks.

>>Well, now my question is that - will the open work permit be sufficient to work as Freie Mitarbeterin?

As the case office said, it wont be enough and you have to apply for Freelance visa

>>In my case, I dont think I've to call myself self-employed. Because I am not going to develop something and sell. I am going to sit there in their office and develop something as per their requirement


Same a everyother IT-Freelancers in germany, so nothing unique.

>>Should my would be employer has to do something inorder to get Selbstaendig status for me???

He can give a letter of intent to hire you as a freelancer.

Contact Mr.Detlef(Forum Owner) via info@trust7.com | Phone +49 30 49862400 and he will help you get Freelance visa.

But before you jump into Freelancing consider the positives and negatives by searching here and other forums.

Thanks a million, Raj. Yes I've gone thro' many posts describing the +ves and -ves of doing freelancing work. As far as I understand, the two main -ve of freelancing is 1. Complicated procedure to get the visa 2. Revenuewise one need to be careful as you have to pay insurance and other stuffs from your pocket. For the time being, revenue does not play a major role for me. I've taken 4 years of break from my career due to motherhood. Now I see this opportunity as a re-entry to my career. Moreover these days its difficult to get even interview calls due to the crisis. I see this freelancing opportunity more as an opportunity to get back to the career. I can anyway keep looking for other employment simultaneously.
I will get in touch with the forum owner right away. Now I feel a bit better that atleast there is someone to whom i can discuss with. I was so unsure where to go for advice. I even spoke with a german lawyer friend of mine, but he was not sure how to advise! thanks a lot for your help.

Hello Kithu,

I'm not sure about the visa formalities and Raj has explained it best.

But, I just had a concern/suggestion. With just a work permit to your credit, can't you use an umbrella company and get to work for the company who is offering you the job?
I mean you take the offer as a freelancer but you are employed to an umbrella company who processes your payroll. In this case you are not self employed.

This is just me concern, others can pitch in their views aswell. May be its gonna help people make their decision.

Cheers.

Nomad13 is right,

this is a possibilty and a service trust7 (netwalk IS Ltd.) offers.

Good luck
Detlef

Hello there

The concept "Umbrella company" sounds interesting, however this is the first time I am coming across such a term. Is it something like I work for the umbrella company and the umbrella company will get the project from my real company on my behalf? Can somebody brief on it?

I have the following questions in this regard

1. Sorry to ask this - is this in any way against the law? I mean to ask is it legal without any ifs and buts?

2. Will the real company agree to give the projects to the umbrella company?

3. What sort of a contract will I get from the Umbrella company? How will the the whole scenario work?

Detlef, what do you say, is it better to discuss it here or through email?

Hi Kithu,

first of all... it is absolutely legal!

Second... it depends on the client company.

Third... you will get a normal employment contract. The salary will mirror your rate which the client company offers, minus social contribution and taxes, minus commission for the umbrella company.

I answered your questions here, because it might be interesting for others, too,

To discuss your individual case, you should call me at my office.

The best time to get me on the phone is between 10.30 and 12.00 am Monday to Friday.

Viele Grüße aus Berlin
Detlef

Okay... yesterday I spoke with my tax consultant and he said that to take up the freelance work I need selbstaendig visa (

For the time being I want to keep the umbrella company option aside. I would like to go for a solution that works for longer run - that is applying for a selbstaendig status.

Now, I've only one "Client" - is there a chance to get selbstaendig visa???

>>Now, I've only one "Client" - is there a chance to get selbstaendig visa???

Unfortunately we can read tarrot cards to tell you about the future, but you can always try and maybe you are lucky. There is no rule by which you can demand to get the Freelance status, so it is upto the Foreign office.

>>For the time being I want to keep the umbrella company option aside.

I take it you havent spoken with Detlef, otherwise you would not keep it aside.

Thanks for the reply Raj. Ofcourse I know that people at trust7.com have better things to do than reading Tarot cards.

What I meant was - is there some thumbrule or something like I wont get the selbstaendig status if I have only one "client"??? Or in otherwords - Is more than one client is a must criteria for applying this visa?

You are right that I've not spoke to Detlef in detail. I did write to him, but have not asked for any detail in specific. I somehow want to try for the selbstaendig visa first.

>>What I meant was - is there some thumbrule or something like I wont get the selbstaendig status if I have only one "client"??? Or in otherwords - Is more than one client is a must criteria for applying this visa?

Only with Erwerbstätigkeit gestattet can one work as a freelancer. And this permit comes automatically if your husband is a german citizen or has NE. Otherwise you have to apply for it specially and it maybe accepted or not by Arbeitsamt. Take some time to read the following link.

http://www.rheinhessen.ihk24.de/produktmarken/fairplay/Gewerberecht/Erwerbstaetigkeit_von_Nicht-EU-Staatsangehoerigen.jsp

One client or different clients comes after you have got your Freelance status. Try gathering information about "scheinselbständigkeit" for more information.

Wait..wait...wait Raj

I am confused now. I think the new visa that I would get will have "Erwerbstätigkeit gestattet. Selbstaendigkeit nicht erlaubt" (Bcos this is what a friend of mine got last month). With this status will I be able to work as a freelancer or not???

If not - should I ask again for "Erwerbstätigkeit gestattet" status or "Selbstaendigkeit erlaubt" status?

>>I am confused now. I think the new visa that I would get will have "Erwerbstätigkeit gestattet. Selbstaendigkeit nicht erlaubt" (Bcos this is what a friend of mine got last month). With this status will I be able to work as a freelancer or not???

The Visa you mentioned is self-explanatory. You cannot work Freelance with that it is restricted. If it is only EG with no restriction, then you can do freelance


>>If not - should I ask again for "Erwerbstätigkeit gestattet" status or "Selbstaendigkeit erlaubt" status?

It should be "Erwerbstätigkeit gestattet" or "Erwerbstätigkeit gestattet - Selbstaendigkeit erlaubt".

Okay..understood. thanks again.

Hey there, if I want some professional help in applying for freiberufler visa should I seek help from a steuerberater to fil up the forms and stuffs or should I approach an attorney? Does the professional help makes any difference or is it just as good as applying directly on my own.

A lawyer of course, but I'm not sure if he could help you at all, you could try...