Announcement - Webinar with Accountable, Consentes and VISAGUARD on the topic of immigration for the self-employed

Anyone who as Freelancers or entrepreneurs who want to move to Germany can quickly find the short version online: There is a Visa for Self-employed , it says in Section 21 of the Residence Act (AufenthG) requires a business plan. What's rarely mentioned there: the groundwork for extensions, permanent residence permits, and... Naturalization applications are submitted with the first application. The law provides two pathways: commercial activity according to Section 21 Paragraph 1 of the Residence Act (AufenthG) and freelance work according to Section 21 Paragraph 5 of the Residence Act (AufenthG). Freelancers usually have easier access to the country but wait longer for permanent residency. For business owners, it's the other way around. We will explain this entire process of obtaining German citizenship in a joint webinar with Accountable and Consentes on November 17, 2026.

What is the webinar “Living & Working in Germany” about?

Under the title "Living & Working in Germany: Visas for Freelancers & Business Owners," lawyer Mirko Vorreuter, a specialist in immigration law and managing director of VISAGUARD.Berlin , guides participants through the entire process: who is eligible to apply, where to submit the application, which documents the authorities actually require, and what happens after arrival. Accountable, the finance and tax app for freelancers, complements the perspective from an accounting and tax standpoint. Registration is via the Accountable website and app. The webinar is aimed at freelancers planning a move, expats who want to start their own business in Germany, and founders who want to secure their business model with the necessary residency permits.

Business or freelance work: Who decides which visa is suitable?

Many applicants believe they can freely choose the category. However, whether someone is a freelancer or a business owner is determined by tax law, specifically... Section 18 of the German Income Tax Act (EStG ) lists the classic professions such as doctors, lawyers, architects, engineers, and journalists, as well as scientific, artistic, literary, and teaching activities. Those who qualify as... The question of whether an artist or language teacher is present is usually clearly defined.

Things get difficult in the gray areas. Software developers , designers, and digital creatives regularly find themselves in a difficult position in our practice because it depends on their specific job profile. An incorrect classification becomes apparent at the latest when it's time for renewal. We therefore advise clarifying your tax classification with a tax advisor before submitting your application.

The difference is significant. For a business, Section 21 Paragraph 1 of the German Residence Act (AufenthG) requires an economic interest or regional need, positive effects on the economy, and financing through equity capital or a loan commitment. The authorities decide at their discretion; there is no legal entitlement. Freelancers, according to Section 21 Paragraph 5 of the Residence Act, do not need a business registration or a limited liability company (GmbH). However, they must demonstrate genuine demand, typically through letters of intent or contracts with clients, and show that their livelihood is secured. If a license is required for their profession, it must have been granted or promised.

Where and how is the visa applied for?

Generally, at the German diplomatic mission in the country of residence. After According to § 41 of the Residence Ordinance, nationals of Australia, Israel, Japan, Canada, South Korea, New Zealand, the United Kingdom and the You can enter the USA visa-free and apply for your residence permit directly in Germany. However, visa-free entry does not automatically mean you can apply domestically. For example, Singaporean nationals enter without a visa but are not included in this group. And a A Schengen visa for a short stay cannot usually be converted into a long-term stay.

In practice, the German Foreign Office's online portal for self-employed visas is not yet fully operational everywhere. Many embassies use their own appointment categories and checklists, and booking the wrong category can waste weeks. After the initial consultation, the embassy involves the The immigration office at your future place of residence, as well as the relevant authorities, usually the Chamber of Industry and Commerce (IHK) or Chamber of Skilled Crafts for business owners (§ 21 para. 1 sentence 3 of the German Residence Act), will process your application. You should expect a processing time of several weeks to months.

The documents are crucial: a business plan that can withstand scrutiny by the chamber, a financing plan, a sales forecast that covers living expenses, letters of intent or customer contracts, and evidence of previous work experience such as a CV, degrees, and portfolio. A valid passport and sufficient [information about the applicant] are also required. Health insurance .

What needs to be done after arrival?

Registration with the citizens' registration office must take place within two weeks of moving in ( § 17 BMG ). This is followed by registration with the tax office and, for self-employed individuals, business registration. In Berlin, this is then... The state immigration office is responsible, and the residence permit must be applied for there before the visa expires.

For subsequent years: Never submit renewal applications on the last day. Only a timely application will trigger the continued validity period. Section 81, paragraph 4 of the Residence Act applies. In practice, the extension can be applied for up to three months in advance. The main focus of the review is then whether the business is viable.

We see some pitfalls particularly often. According to Section 21 Paragraph 3 of the German Residence Act (AufenthG), anyone over 45 generally needs adequate retirement provisions. Those with only one client are suspected of bogus self-employment. False declarations of intent can have legal consequences. And the permit is only valid for the approved activity.

When is a residence permit and naturalization granted?

This illustrates the price of easier entry. Business owners can obtain a permanent residence permit after just three years according to Section 21 Paragraph 4 of the German Residence Act (AufenthG) , provided the business is successful and their livelihood is secured. Section 21 Paragraph 5 Sentence 4 of the Residence Act excludes this option for freelancers. They must proceed via... According to § 9 of the German Residence Act (AufenthG) , applicants need a five-year residence permit, at least 60 months of pension contributions or comparable retirement savings, and German language skills at level B1. For freelancers, a lack of pension contributions is the most common reason why this step later fails.

Naturalization according to Citizenship under Section 10 of the German Nationality Act (StAG) is possible after five years of legal residence; the shortened option after three years was abolished on October 30, 2025. Requirements include B1 level German language skills, passing the naturalization test, a declaration of commitment to the free democratic basic order, and [other requirements]. A secure livelihood , which self-employed individuals can demonstrate with audited business figures. In principle, they may retain their existing citizenship. Therefore, meticulous bookkeeping from day one is not solely a tax issue, but also a matter of residency.

Why is submitting an application independently often insufficient?

Forums, checklists, and online tools provide the basics. However, where discretion is involved, such as in the chamber's evaluation of a business plan or the classification of a gray-area activity, standard information is of little help. We have supported numerous self-employed individuals in various proceedings and know what chambers and authorities in Berlin look for and when additional demands for payment are likely. If a claim is rejected, we also represent our clients in court. Court .

Conclusion

Obtaining a visa for the self-employed is not a matter of filling out a form, but a strategic decision. Those who clarify their classification early, submit solid documentation, and pay attention to retirement planning, accounting, and German language skills from the outset significantly shorten the path to a permanent residence permit and naturalization. On November 17, 2026, we will walk through all the steps together with Accountable and Consentes and answer questions live. If you would like to have your case reviewed beforehand, you can contact us at [contact information missing in original text]. www.visaguard.berlin .