The State Office for Immigration now also allows online applications for freelancer visas.

Anyone who has ever tried to snag one of the coveted appointments at the Berlin State Office for Immigration (LEA) at dawn knows the feeling of helplessness . Long queues, overloaded servers, and the constant worry about whether their residence permit will be renewed in time have almost become part of the Berlin experience for international talent. But behind the scenes on Friedrich-Krause-Ufer, a quiet transformation is currently underway. Digitalization, often ridiculed as the problem child of German administration, is gaining momentum in the capital. As a law firm specializing in visa law , we are observing a development that has the potential to significantly enhance Berlin's appeal for international freelancers : Applying for residence permits for the self-employed and freelancers is now entirely digital .

The legal bridge to the online procedure

The primary legal basis for this procedure is Section 21 of the German Residence Act (AufenthG ). While paragraph 1 regulates the stricter requirements for those engaged in commercial activities – such as economic interest or the impact on the regional economy – paragraph 5 specifically addresses freelancers . Here, the legislator is less restrictive , but requires sound financial financing and a license to practice their profession, if necessary (as with doctors or lawyers). The digitalization of the application process at the Berlin State Reception Center (LEA) does not change the substantive legal requirements, but it does change how we demonstrate these to the authorities. The new online form guides the applicant step by step through the necessary information. For us as legal advisors, this means significantly more structured preparation of cases, as the hurdle of a physical appearance for the initial application is eliminated.

The process: Between efficiency and technical precision

Applicants can fill out the form directly in their browser via the state office's platform . A key advantage of this system is its flexibility. If, during the process, they discover that a document is missing or that information needs to be checked again, they can interrupt the process. The system allows them to export an HTML file, which is saved locally on their computer. This file can then be easily uploaded later to resume the process exactly where it left off. However, we regularly remind our clients that this technical convenience must not lead to carelessness regarding the content. The requirements for the business plan and fee expectations remain highly complex under Section 21 Paragraph 5 of the German Residence Act (AufenthG) . The system ultimately generates a completed PDF document, which serves as proof of timely application submission – an important document to ensure the continued validity of a residence permit under Section 81 Paragraph 4 of the German Residence Act (AufenthG) if one already holds a residence permit.

Fees and digital submission as new standards

A key difference compared to the old, analog process is the mandatory online payment directly upon application submission. Only after payment is completed is the application considered formally submitted. This speeds up the process, as the agency's accounting department can immediately register the payment. From a legal perspective, we see this as a professionalization that reduces administrative overhead and, hopefully, shortens processing times . However, a word of caution is in order: a digital application does not protect against errors in content. While the system checks the completeness of the required fields, it does not verify the plausibility of the economic forecast. If the submitted documents do not meet the strict legal requirements, a digital application will still be rejected. We therefore recommend having the PDF summary generated by the system reviewed by a specialized law firm before final submission to ensure that the legal arguments are sound.

Conclusion: A step in the right direction with lasting challenges.

The digitization of the freelance visa process in Berlin is the logical continuation of a strategy aimed at transforming the LEA (State Office for Migration and Refugees) into a modern, service-oriented agency. The ability to save, continue, and pay for applications online significantly reduces the pressure on the existing system. This simplifies matters for the international community in Berlin and signals the city's attractiveness. Nevertheless, visa law remains an area characterized by case-by-case decisions and discretionary leeway. Technology is merely the channel, not the solution, for the complex legal issues surrounding residence permits for the purpose of self-employment. We expressly welcome this progress but simultaneously urge that the time gained be invested in the quality of the substantive justifications.