Hi All,

To give a brief of my current situation, I entered Germany on the GC scheme. Now in Germany for over 21 months. 12 months after my arrival, my visa was expiring and GC had gone out of vogue. So ABH in Munich has awarded me a visa not binding to my company but I needed to have a job in the IT industry to keep my stay in Germany legal.
Now I have an agency that is ready to offer me a freelance contract. What are my chances of getting a freelancing permit? I heard that people in my situation were given freelancing permits in the past. I heard that from a friend, all these people said was “because of the new visa, they would pay more taxes which would help the country”. Well all this is hearsay and not really dependable. Do any members have any such experiences?
Can anyone advise what I could do in the current situation?
Thanks in advance.
Regards
kumar

What is the exact clause on your residence permit ?
If it is "Erwerbstätigkeit gestattet", then you are already permitted to work as freelancer and you can simply go for it.

Or as an alternative, you can ask the agency to employ you as an employee of the agency and you can still work for company X(for which the freelance-contract was planned) and get your salary from the agency. That is so called "Leiharbeit". It is not the best option and the "crema" of you salary is taken by the agency, as they are offering you an employment but can keep you financially in good shape till you find smt better..

or they can offer you a timely-limited employee contract at the agency, if they want to stay flexible. Why does it have to be a freelance contract ? I can not see any reason for that.. actually offering you normal timely-limited employee contract is more profitable business for them.

Regards,

Lacrima

Yes I have understood your point of view. But this agency is not intrested in running payrolls and handle my tax/social security issues. In fact they are based outside germany. This agency wants to place in another company in Germany. The final client where I will work is in germany.

So they suggest that if I get a freelancing permit then they take me onboard for this contract.

To be exact this is what is mentioned in my visa
"unselbständige Bescheäftigung Nur Gem. §27 BeschV als IT-Spezialist gestattet

Der Aufenthaltstitel erlischt mit Beendigung der o.g. Beschäftiging.
Selbstämdige Tätigkeit nicht gestattet
Keine weiteren gültiget antlichen Eintragungen"

Can anyone tell me the legality for getting a freelancing permit? like should I be in Germany for 3 or 5 to ask for a freelancing permit?

Shamelessly bumping up the topic. Is there any chance I get the freelancing permit if I approached ABH Munich with a contract?
I have heard another experience saying that once I have this freelancing permit let say 6 months and within this duration I move to let say Berlin. ABH Berlin can create problems when renewing such a visa. Doa any of you think this can happen?
What is the legal minimum stay required to demand a freelancing permit from the ABH?
Waiting for the answers.

Your question's answer is not easy and that is why you dont get any answers.. it is handled case by case by ABH and you dont have a "right" to get it..

By the time you get your NE, you can do the freelancing stuff but for that, you need at least 5 years.. some people get "Erwerbstätigkeit gestattet" on their residence permit before they reach 5 years.. but those people can be considered "lucky", as ABH is not obliged to give you a self-employment right before 5 years..

I also recall that some GClers managed to get self-employment permits before they complete their 5 years by presenting business plans etc.. but as a freelancer, you dont have a business plan which you can present, do you ? ;)

Bottom line: ask your ABH.. you dont have the right to get it without staying in Germany at least 5 years.. but with some good argumentation, business plan etc.. you may get it earlier.. or ask the company to change the type of the contract. which is a lot easier than doing it over ABH..

Regards,

Lacrima

"unselbständige Bescheäftigung Nur Gem. §27 BeschV als IT-Spezialist gestattet

Der Aufenthaltstitel erlischt mit Beendigung der o.g. Beschäftiging.
Selbstämdige Tätigkeit nicht gestattet
Keine weiteren gültiget antlichen Eintragungen", this clearly states that you can't work as a freelancer with your actual visa. Either you change it, or the company tries to employ you and "lend" you to their customers.

And according to what Lacrima said, one still can present a business plan when wanting to go on freelance.

D.

Thanks a lot for your replies... Humm Business plan. Now thats something I cannot really imagine with my limited knowledge of German. Should I talk to some financial consultants to help me with a proffesional presentation? Is there someone who could do this for a fee.
Nobody and Lacrima... is this worth all the effort?

It depends on what you have as idea and what you would like to do.
I made my business plan myself and got it approved without any problem by a Marktprüffer.

But it's really up to you, all I know is that making it done by someone will cost you a lot of money.

But as said, you need to get your visa changed, because with that you can't work as freelancer and to get ABH change it you *need* a business plan. But it is not 100% sure they will.

D.

Thanks for the suggession. I guess I will try my luck by just showing the freelancing contract I have on hand... if it works file.. else I stick to my good old job.

Regards
kumar

HI Nobody,

Can I send you a private mail? if yes can you give your id. Or maybe you could mail me at kumar_aqua at yahoo dot come. I just wanted to ask abouthe business plan.

Regards
kumar

daolwin on hotmail dot com

D.

Hi Kumar

gv me ur mobile number, i can call you and tell you a way out of your situation

I am at 017621326610

Regards
Kumar