.png)
Residence permit for self-employment
Overview of all different residence permits for self-employed persons.
Share:
.jpg)
About this Page
what a residence permit for self-employment is
what types of residence permits are available for self-employed persons
Requirements for entrepreneur visas
everything about § 21 AufenthG for self-employed persons
Table of Contents
1. Residence permit for self-employment
2. Types of residence permit for self-employed persons
3. Residence permit for foreign entrepreneurs: requirements
4. Stay for independence and discretion
5. FAQ Residence permit Self-employment
6. Conclusion Visa Self-employment
1. Residence permit for self-employment
Germany is an attractive destination for many self-employed individuals and entrepreneurs from abroad. With a stable economy , a strong SME sector, and a vibrant startup scene, there are a wide range of opportunities to implement your own business idea. A residence permit for self-employment allows foreign founders to establish and further develop their business in Germany .
The legal basis for a residence permit for self-employment is Section 21 of the Residence Act (AufenthG) . This section regulates the conditions under which foreign entrepreneurs and freelancers can obtain a residence permit. Both the economic viability of the business model and the interests of the German economy play a key role. The chances of approval are particularly high in innovative sectors and technology-driven projects.
2. Types of residence permit for self-employed persons
Although the Residence Act does not recognize any fixed subcategories, practical experience reveals various types of residence permits for the self-employed . This includes, in particular, the Entrepreneur Visa , which is aimed at founders who want to establish an innovative company in Germany. The decisive factor here is that the project offers added value to the economy .
In addition, there is the Start-up Visa , which focuses on technology- and innovation-driven business models, as well as the Investment Visa for investors who invest significant amounts of capital in Germany. This spectrum is complemented by the Freelancer Visa , which is specifically designed for freelancers such as creative professionals, consultants, or IT experts (see definition in Section 18 Para. 1 No. 1 of the Income Tax Act ). All of these categories have in common that they are based on Section 21 of the Residence Act, but each has its own requirements .
3. Residence permit for foreign entrepreneurs: requirements
The requirements for a residence permit for self-employment are clearly defined. First, a viable and convincing business plan must be submitted that demonstrates the profitability and sustainability of the project. Evidence of financing , whether through equity or secured loans, must also be provided. The authorities pay particular attention to the economic benefits for the region , such as job creation or the promotion of innovation. However, this is not mandatory.
Furthermore, the Residence Act requires that the project serves the interests of the German economy. Criteria such as industry experience, existing contacts with partners or customers in Germany, and integration into local networks play a crucial role. Especially in major cities like Berlin, Munich, or Hamburg, entrepreneurs benefit when their business model strengthens the regional economy .
4. Stay for independence and discretion
A residence permit for self-employment is not granted automatically, but is at the discretion of the immigration authorities . They examine whether the planned project complies with legal requirements and what impact it will have on the German economy. In doing so, they also draw on current guidelines, such as the application instructions of the Federal Ministry of the Interior or the administrative instructions of the federal states.
Particularly in Berlin and other economically strong regions, specific administrative practices have emerged that offer guidance to applicants. For applicants, this means that thorough preparation is essential. A well-developed business plan, proof of capital resources, and a clear connection to the region's economic interests significantly increase the chances of success.
5. FAQ Residence permit Self-employment
What are the requirements for the self-employed visa?
Basic requirements are a convincing business plan, secured financing and a recognizable benefit for the German economy.
What types of residence permits are available for self-employed persons?
In practice, there are entrepreneur, start-up, investment and freelancer visas, all of which are based on Section 21 of the Residence Act.
Can you obtain a residence permit by setting up a company in Germany?
Yes, if the start-up is viable, capital is available and the project creates jobs or strengthens the region economically.
6. Conclusion Visa Self-employment
The residence permit for self-employment under Section 21 of the Residence Act (AufenthG) opens up attractive opportunities for foreign entrepreneurs and freelancers to establish themselves in Germany. Those who present an innovative and viable business model and take the country's economic interests into account have a good chance of being granted a permit. For founders, investors, and freelancers, careful preparation of the application documents is crucial. With a clearly structured business plan, verifiable financing, and a coherent concept, a residence permit can be a successful path to establishing your own company in Germany.
You might also be interested in
List of Sources (Paywall)
[1] Kluth/Heusch, BeckOK, Aliens Law, 3rd edition 2025, § 21
[2] For the distinction between self-employment and employment, see BSG, judgment of 29 August 2012 – B 12 KR 25/10 R
[3] Visa Handbook, Self-employment, as of June 2024
[4] Federal Ministry of the Interior and Home Affairs (BMI), Application Instructions on the Skilled Immigration Act, Status: Legal situation as of 1 June 2024, Section 21