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Freelancer, Section 21 Paragraph 5 Residence Act
All information from a lawyer on applying for a freelancer visa in Germany.
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what a freelancer visa is and what types there are
what requirements you must meet for a freelancer visa
when freelancers can apply for a settlement permit
when the freelancer visa expires
1. Freelancer Visa Germany
2. Requirements for a freelancer visa
2.1. Proof of livelihood/financing for freelancers
2.2. Health insurance for freelancers
2.3. Adequate retirement provision
3. How do I apply for a freelancer visa for Germany?
3.1. Responsible German diplomatic mission
3.2. Required documents for freelancer visa
3.3. Visa fees for freelancers
3.4. Processing time (2024) Freelancer visa
3.5. Further steps after receiving the freelancer visa
4. Residence permit for freelancers
5. Expiration of freelancer visas
6. FAQ
7. Conclusion
1. Freelancer Visa Germany
To work as a foreign freelancer in Germany, you will usually need a freelancer visa. The freelancer visa is a subset of the visa for self-employed persons (Section 21 of the Residence Act). However, compared to the entrepreneur or start-up visa, a freelancer visa is comparatively easy to obtain. While a business plan is required, you don't necessarily have to register a business or be registered in the commercial register . Registration in the transparency register is often not required as a freelancer either.
Which professional groups can apply for a freelancer visa?
However, not every foreigner can apply for a freelancer visa. In many cases, a foreign self-employed person will not be a "freelancer" but rather a "businessperson." Businesspeople must therefore register their own business with the trade office and comply with certain tax and competition law regulations that do not apply to freelancers. Freelancers earn income from self-employment (Section 18 of the Income Tax Act), while businesspeople earn income from a commercial enterprise (Sections 15-17 of the Income Tax Act) and are therefore also required to pay trade tax.
Section 18 of the Income Tax Act (EStG) regulates which activities are considered to be freelance professions:
Independently carried out scientific, artistic , literary, teaching or educational activities,
the self-employed professional activities of doctors (including dentists and veterinarians), lawyers, notaries, engineers, architects, tax advisors and auditors, consultants in the business sector, journalists, interpreters and translators.
If you have any doubts about how your self-employment should be classified and which visa you need to apply for, it is advisable to consult with an immigration lawyer before applying. Their legal expertise can help you correctly classify your self-employment and apply for the appropriate visa.
2. Requirements for a freelancer visa
As a freelancer, you need a freelancer visa to enter Germany from outside the EU. After entering the country, you must apply for a residence permit to pursue freelance work at the local immigration office.
The requirements for issuing a visa for freelancers (Section 21 (5) Residence Act) are:
proof of financing of the project ( revenue forecast ),
securing a livelihood (e.g. existing assets),
health insurance ,
if applicable, professional practice permit (only for so-called "regulated" professions such as lawyers or architects),
if applicable, appropriate retirement benefits (if over 45 years of age).
2.1. Proof of livelihood/financing for freelancers
In general, a forecast of the expected income from the freelance activity must be submitted to prove that the project is financed. Specifically, proof must be provided to the immigration authorities that the freelance work is affordable (especially rent and health insurance, see Section 2 of the Residence Act). For artists and language teachers, proof of other regular income, for example, from their own assets, regular remittances from parents who are obligated to support them, or a declaration of commitment from a solvent third party is also sufficient (but see the specific information on artists below). If the freelancer wishes to work on a fee basis, a letter of intent for cooperation and a fee agreement must be submitted.
In addition, the submission of the rental agreement or proof of home ownership is often required, as well as the submission of receipts for other housing costs (e.g. current bank statements showing the monthly rent).
2.2. Health insurance for freelancers
Proof of secure livelihood also includes adequate health insurance coverage. Those with statutory health insurance are adequately insured. Those with private health insurance must pay attention to the type and scope of their health insurance. Private health insurance coverage is sufficient if it corresponds to the type and scope of statutory health insurance coverage, i.e., it must not contain any major exclusions of benefits, must not require the insured person to pay a deductible higher than €300 per year in the event of illness, and must not contain any limits on reimbursed costs in the event of illness. Not all insurance policies meet these requirements. This applies in particular to so-called “expat” or “incoming” insurance policies .
2.3. Adequate retirement provision
In certain cases, proof of adequate retirement provision must also be provided to apply for a freelancer visa. However, proof of adequate retirement provision is only required if the freelancer is older than 45. Proof can be provided through an insurance offer via a private pension or life insurance policy, through personal assets, through acquired pension entitlements, or through business assets.
For the following nationalities, the State Office for Immigration (LEA) in Berlin or immigration authorities in general waive appropriate retirement benefits under certain circumstances based on international agreements: Dominican Republic, Indonesia, Japan, Philippines, Sri Lanka, Turkey and the United States of America.
3. How do I apply for a freelancer visa for Germany?
If you meet the requirements for a freelance visa , you can apply for one at your local German diplomatic mission. Below, we'll explain which embassy is responsible, which documents must be submitted, and what else you need to keep in mind.
3.1. Responsible German diplomatic mission
The visa must be applied for at the German diplomatic mission responsible for your country. You can book an appointment at the embassy for this purpose. You can find out which German embassy is responsible for your visa application using the Federal Foreign Office's consulate finder .
3.2. Required documents
A list of the documents required to apply for a freelancer visa can be found at your responsible foreign representation (see above).
In most cases, the embassy will request at least the following documents when applying for a freelancer visa:
Application form , including the declaration of true and complete information
Valid passport
Biometric passport photos (35 x 45 mm)
Previous German residence permits, if applicable
Description of your planned freelance work, supported by fee contracts and/or
Letters of Intent
CV
Any certificates, diplomas and qualifications you may have
Letter of motivation
Proof of a secure livelihood for at least 1 year
Proof of health insurance
Proof of sufficient retirement provision (if you are 45 years or older)
Generally, however, you can also find the requirements on the respective embassy's website . For example, if you are applying for a freelancer visa in Dubai, you will find a more detailed description of the necessary documents for a German visa for freelancers from Dubai on the website of the German Consulate General in Dubai.
Please note, however, that requirements may vary from consulate to consulate.
3.3. Visa fees for freelancers
The fee for applying for a freelance visa is €75.00 and is typically payable on the day of the visa appointment. Whether this fee must be paid in cash or can be paid with a Visa or debit card varies from embassy to embassy. Details can usually be found on the respective embassy's website.
3.4. Processing time (2024) Freelancer visa
Generally, it's difficult to determine the exact processing time for a freelancer visa. The embassy generally has three months to process an application for a freelancer visa (Section 75 of the Administrative Court Code). Therefore, if you submit a visa application (e.g., in writing), the embassy must decide on your application within three months. If it fails to do so, you can take legal action against the authority's inaction (a so-called inaction lawsuit).
For more details on expediting freelancer visa applications, please see our article on visa processing times.
3.5. Further steps after receiving the visa
Once the visa has been issued by the embassy, you can enter Germany . Please note, however, that the visa is only valid for a limited period. Therefore, after receiving the visa and entering Germany, you must apply for a residence permit for freelancers from the responsible immigration office in Germany. This permit will then allow you to stay in Germany for an extended period and work as a freelancer.
It is advisable to consult with an immigration lawyer before applying for a visa. A lawyer specializing in visa law can use their legal expertise to assist you during the application process, thus reducing the risk of your application being rejected by the embassy. If you have already been denied a freelancer visa, an appeal or a lawsuit before the Berlin Administrative Court can often still result in the visa being granted.
4. Residence permit for freelancers
Anyone who works freelance in Germany and holds a residence permit under Section 21 Paragraph 5 of the Residence Act (AufenthG) cannot generally obtain a permanent settlement permit after just three years . Unlike self-employed individuals, who can apply for a settlement permit after just three years under certain conditions under Section 21 Paragraph 4 of the Residence Act, a longer period applies to freelancers.
For freelancers, the path to a permanent settlement permit is generally only possible after five years . This is clearly regulated by law and results from the systematic distinction between commercial and freelance activities. The requirements for obtaining a settlement permit also differ in some respects – for example, with regard to livelihood, retirement provisions, or German language skills.
The legal preference given to self-employed individuals is justified by the fact that, according to the law, they are more likely to make larger economic investments and create jobs . These aspects are more heavily considered when assessing their integration into the labor market and society. Freelancers, on the other hand, are subject to stricter requirements and a longer minimum residence period to obtain a permanent residence permit.
Anyone working as a freelancer in Germany and intending to stay long-term should inform themselves early on about the requirements and deadlines for a settlement permit. Careful documentation of the activity, proof of livelihood, and, if applicable, integration – for example, through language certificates or proof of pension insurance – are crucial for successfully submitting an application after five years.
5. Duration and expiration of freelancer visas
A residence permit for freelance work is usually granted for a period of one to three years. If it is not renewed within this period, it expires. The responsible immigration authority will decide whether the residence permit can be extended after submitting the above-mentioned documents, as well as the following additional documents:
tax assessments,
Net profit determination by a tax advisor,
Bank statements (which prove a regular inflow of funds) and
Billing, for example, with gallery owners and auction houses.
You can find out exactly which documents are required on the website of your immigration office or from your caseworker. In Berlin, you can view the necessary documents, for example, on the Berlin Service website for the freelancer visa .
6. FAQ (Freelancer Visa)
Do I have to report my freelance activity to any authority in Germany, such as the trade office?
Instead of registering with the trade office, your freelance activity must be registered with the tax office. The tax office is authorized to assign your tax number and collect taxes from you based on your freelance activity.
Does the accelerated skilled worker procedure also apply to artists?
The accelerated skilled worker procedure does not apply to artists, as they are generally not skilled workers within the meaning of the Skilled Immigration Act. However, if an artist has a recognized degree, such as a theater studies degree from a recognized university, and is employed with an employment contract in a position for which their degree qualifies, the accelerated skilled worker procedure may be considered.
Can a freelancer be granted a permanent residence permit after 3 years of residence (as is the case for self-employed traders)?
No, if you are self-employed with a residence permit pursuant to Section 21 Paragraph 5 of the Residence Act, you can only be granted a settlement permit after five years. Different requirements then apply. Therefore, due to its systematic position in the law, the privileged access to a permanent residence permit for self-employed persons applies only to tradespeople and not to freelancers.
Do the documents to be submitted to the immigration authorities and foreign missions have to be submitted in German?
Where possible, we recommend submitting the requested documents in German or at least having them translated into German beforehand. This will facilitate the speedy processing of your application and allow the responsible clerk to fully understand the nature and scope of your freelance activity.
Are appointments for a freelancer visa at the German immigration authorities held in English or German?
Appointments for a freelancer visa are usually held in German, as German is the official language in the authorities. If you still have difficulties with the German language, it is advisable to have a translator or, in very important matters, even a German lawyer with you at the appointment, who can support you both linguistically and legally during your appointment.
Do I have to show a flight ticket when applying for a freelancer visa?
Flight bookings are not required to apply for a freelancer visa.
7. Conclusion
The freelancer visa allows qualified self-employed persons from non-EU countries to temporarily reside in Germany to pursue freelance work. It is aimed at specific professional groups whose activities are recognized as freelance professions under Section 18 of the Income Tax Act (EStG). While the requirements for a freelancer visa are less stringent than for commercially self-employed persons, certain documentation – particularly regarding financing , health insurance , and, if applicable, retirement provisions – is still mandatory. Long-term residence through a permanent settlement permit is generally only possible for freelancers after five years. Due to the complex legal requirements, early legal advice is recommended to prepare the application correctly and avoid rejections.
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List of Sources (Paywall)
[1] BeckOK AuslR/Breidenbach, 42nd Ed. 1.4.2024, Residence Act, § 21 paras. 14, 15
[2] Bergmann / Dienelt, Aliens Law, 15th edition 2025, § 21
[3] Kluth/Heusch, BeckOK, Aliens Law, 3rd edition 2025, § 21