Hello friends,

I have been a silent reader of this forum and very much appreciate the interactions and discussions thereby adding value to my little knowledge of how things work in Germany.

I have some questions. Please if someone could help me find answers. Thanks in advance.

1. Which visa status is required for a person to be able to do business in Germany ?

2. Secondly, my wife is an artist and would like to take up assignments (contracts) in Germany. Which visa status is required for her as an artist to be able to do so?

Thanks in advance

Regards,
Raj n Laxmi

Yours is a question of common interest.

Generally speaking you can pursue an economic activity if your residence title permits it. An economic activity is either self-employment (e.g. freelancer) or dependent employment.
If you possess a settlement permit both are possible without extra permission by virtue of the settlement permit alone.

If you possess a residence permit the title must expressly state that you are allowed to pursue an economic activity, either self-employment or dependent employment.

The law provides for some tough requirements to be met in order for your current residence permit to be converted into one for the purpose of self employment.

Section 21 of the Foreigner’s Act states that a foreigner may be granted a residence permit for the purpose of self-employment,
if
1. an overriding economic interest or a special regional need applies,
2. the activity is expected to have positive effects on the economy and
3. personal capital on the part of the foreigner or a loan undertaking is available to
realise the business idea.

Without further ado, these prerequisites are generally met when at least 500.000 euros are invested and five jobs are created. In other cases attention is focussed on the viability of the business idea forming the basis of the application, the foreigner's entrepreneurial experience, the level of capital investment, the effects on the employment and training situation and the contribution towards innovation and
research.

Especially in the current economic situation a viable and convincing business plan that stands the vetting process by the competent bodies, e.g. trade and industry authorities (Handelskammern), should give you a fair chance of being granted a residence permit for the purpose of self-employment.

If your wife has joined you for the purpose of family reunion by way of subsequent immigration, she could be entitled to pursue an economic activity under certain privileged conditions. As a rough rule, if the spouse that is being joined is allowed to pursue an economic activity at the time when the joining spouse is granted the residence title, that joining spouse is allowed to work too.


Rechtsanwalt_Jain@yahoo.de

Hello Sir,

Thanks for your detailed response.

Is it possible that after NE visa but no residence permit this opportunity is made available to the person receiving NE ?

Anyone with a NE and after NE working as business person in Germany? Please share your experiences in this regards.

Thanks & Regards,
Raj n Laxmi