Self-employed with the EU Blue Card – What is permitted and what you need to pay attention to
- VG3
- Jul 11
- 5 min read
The EU Blue Card is the best residence permit for many qualified professionals from third countries to live and work in Germany. In practice, the EU Blue Card is therefore very popular. But what if you, as an IT specialist, engineer, or scientist, want to work not only as an employee but also as a self-employed person on a part-time basis with the EU Blue Card ? This question concerns many foreign nationals who entered Germany with a Type D visa and now have long-term plans. In this article, we explain what is legally possible, how the practices of the immigration authorities differ in different cities – and why you should be especially cautious if your residence permit only permits "employment."
1. Is self-employment permitted with the EU Blue Card?
Many EU Blue Card holders sooner or later ask themselves the question: Am I allowed to work as a self-employed person in Germany alongside my job? (e.g., as an IT freelancer, freelance consultant, or lecturer). The answer is legally more complicated than one might think. The term "employment" in Section 18g of the Residence Act does not automatically mean that one is allowed to work as a self-employed person. German residence law, in accordance with Section 2 Paragraph 2 of the Residence Act in conjunction with Section 7 of the Social Code Book IV, distinguishes between:
Employment (dependent activity, i.e. a job with an employment contract) and
Gainful employment (i.e. self-employment).
This means that anyone whose residence permit only permits "employment" is not automatically permitted to work independently. In many cases, the EU Blue Card therefore comes with a secondary condition, such as: "Employment at company X as Y permitted." This refers exclusively to work as an employee – freelance or commercial sideline activities are excluded. First of all, therefore, self-employment is not permitted with the EU Blue Card .
2. When can self-employment still be permitted?
Despite this restriction, in certain cases it is possible to be self-employed with the EU Blue Card. The key to this lies in the ancillary provisions of your residence permit. The immigration authorities have the legal right to permit not just employment, but also all forms of gainful activity. In this case, the electronic residence permit would state "Gainful activity permitted" under "Remarks."
The legal basis for permitting self-employment with an EU Blue Card is found in Section 21, Paragraph 6 of the Residence Act (AufenthG). It states:
"A foreigner who has been granted a residence permit for another purpose may be permitted to pursue self-employment while maintaining that purpose." This means: Even if the Blue Card is actually intended for dependent employment, the authorities can also authorize self-employment—for example, as a secondary occupation. But be careful: This authorization is not automatic. In most cases, anyone wishing to become self-employed must submit a separate application to the immigration authorities .
3. Special case Berlin: Self-employed with the EU Blue Card – automatically permitted?
An interesting exception to the self-employment ban for Blue Card holders is the practice of the Berlin Immigration Office. The Berlin State Office for Immigration (LEA) generally automatically enters the employment permit for EU Blue Card holders. This means that in Berlin, a Blue Card holder can work both as an employee and as a self-employed person without having to submit an additional application. However, the comments field on the plastic card must state "Employment permitted." This should definitely be checked beforehand.
While some legal experts consider this practice by the Berlin immigration authorities to be legally questionable , it only brings advantages for those affected. It makes it significantly easier to work part-time as a freelancer or in a small business in the capital. It's important to note that this rule only applies in Berlin . In other cities and federal states—such as Munich or Hamburg—the administrative practice of the immigration authorities is quite different. There, the Blue Card generally only permits "employment." Therefore, anyone who wants to be self-employed outside of Berlin must generally submit a separate application for permission to work independently.
4. Apply: How can I apply for self-employment with the EU Blue Card?
If you live outside Berlin and want to work independently with the EU Blue Card, you usually need an additional permit from the immigration authorities in accordance with Section 21 Paragraph 6 of the Residence Act (see above).
For this application you should prepare the following documents:
A brief description of the planned self-employment
A financial plan or business plan (for commercial activities)
Proof of qualifications and professional experience
Information on the duration of the activity (to show that the main activity remains employment)
The application can then be submitted using the contact form of the respective authority (see, for example, the contact form of the KVR Munich for holders of an EU Blue Card ). However, the decision is at the discretion of the authority . There is therefore no automatic entitlement to approval. It is therefore all the more important to prepare the application thoroughly and to clearly describe the planned activity. In cases of doubt, legal advice from specialist lawyers may be advisable.
5. Attention: Observe labor law when working part-time as a self-employed person
Independent of immigration law, skilled workers with the EU Blue Card must also comply with labor law . Even if the immigration authorities approve part-time self-employment, this does not automatically mean that it is permitted under labor law. Many employment contracts contain a so-called non-competition clause . This means that the employee may not engage in any activity that directly or indirectly competes with the employer – regardless of whether the employment relationship is one of employment or self-employment.
For EU Blue Card holders, this means: If they want to work part-time as a self-employed person, they must ensure that their self-employment does not conflict with their employer's area of activity. A violation of the non-competition clause can have consequences under employment law – from a warning to dismissal. As a general rule, employees are required to inform their employer about any secondary employment . In many cases, the employer's express consent is even required. This also applies to self-employment. Therefore, if you want to work as a self-employed person with an EU Blue Card, you must apply for permission not only from the immigration authorities but also from your employer.
6. Conclusion: Self-employment with the EU Blue Card – possible, but not a given
Whether you are permitted to work independently with an EU Blue Card depends largely on the additional conditions included in your residence permit and the city in which you live. In Berlin, "gainful employment permitted" is usually entered automatically, meaning self-employment is permitted. In other federal states, only "employment permitted" is permitted; in these cases, you must also apply for a permit. If you are unsure whether your secondary employment is permitted or would like to apply for a permit, the lawyers at VISAGUARD are happy to assist you. Precisely because the decision is at the discretion of the authorities, professional support can help you avoid mistakes and improve your chances.
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