.png)
Entrepreneur Visa
How to apply for the Entrepreneur Visa in Germany (Section 21 (1) Residence Act).
Share:
About this Page
what the Entrepreneur Visa in Germany is
what requirements the Entrepreneur Visa has
how to apply for the Entrepreneur Visa
which documents are required for the Entrepreneur Visa
Table of Contents
1. German Entrepreneur Visa
2. What is an Entrepreneur Visa?
3. Requirements for Entrepreneur Visa
4. Apply for an Entrepreneur Visa
5. FAQ
6. Conclusion
1. German Entrepreneur Visa
The Entrepreneur Visa, pursuant to Section 21 (1) of the Residence Act (AufenthG ), allows foreign businesspeople to establish or take over a company in Germany. It is a residence permit pursuant to Section 21 (1) of the Residence Act (AufenthG) that is specifically tailored to self-employed activities . The goal of this regulation is to attract investment, innovation, and economic stimulus to Germany. Business ideas that have a positive impact on the regional labor market or economic development are particularly sought after.
The visa is aimed at founders, sole proprietors, as well as managing directors and legal representatives of companies with entrepreneurial responsibility. The decisive factor is not the legal form, but the economic viability of the business idea. Popular structures such as GmbH or UG, however, offer advantages, as they signal seriousness and facilitate market establishment. For applicants, the Entrepreneur Visa thus represents the opportunity to relocate their center of life to Germany while simultaneously building a sustainable business.
2. What is an Entrepreneur Visa?
The Entrepreneur Visa is a special residence permit that allows entrepreneurs from non-EU countries to establish a business in Germany or take over an existing one. It is granted if there is an economic interest or a regional need, and the planned activity is expected to have a positive impact on the German economy. Unlike other residence permits, the focus here is not on dependent employment, but on independent entrepreneurial activity .
A common misconception about the Entrepreneur Visa is that job creation is mandatory. While job creation has a positive impact on the application's chances of success, it has n't been a mandatory requirement for several years. Instead, the focus is on the viability of the business model, financing, and the contribution to the regional economy, innovation, and research.
3. Requirements for Entrepreneur Visa
The core requirements for the Entrepreneur Visa include three points: First, there must be an economic interest or a regional need, for example, if the business idea brings a recognizable benefit to the local economy. Second, the planned activity must have a positive impact on the economy , for example, through new collaborations, technologies, or services. Third, the project's financing must be secured , either through equity or through a bank loan.
In addition, the immigration authorities ( residence permit for entrepreneurs) or embassy ( visa for entrepreneurs) consider the applicant's personal qualifications. Documents such as a resume, diplomas, or references serve as proof of entrepreneurial aptitude. Those over the age of 45 must also provide evidence of adequate retirement benefits . Applicants are also required to have adequate health insurance to ensure long-term financial security.
4. Apply for an Entrepreneur Visa
The application for an entrepreneur visa is usually submitted to the German diplomatic mission (embassy or consulate) in your country of origin while you are still abroad. After entering the country, the application for a residence permit is submitted to the responsible immigration authority , for example, the State Office for Immigration in Berlin. An appointment is required for this in person. It is important that all documents are submitted completely and correctly, as missing documentation can lead to delays or rejections.
Typical documents include a valid passport , a recent biometric passport photo, a business plan with a financing plan , proof of qualifications, a business registration or extract from the commercial register, a rental agreement , and health insurance . Depending on the business model, additional documents may be required, such as audit reports from tax advisors or statements from universities. Since the requirements can vary in detail, it is advisable to prepare the application well in advance and seek professional support.
5. FAQ Entrepreneur Visa
Do jobs have to be created for the Entrepreneur Visa?
No, this is not mandatory, but it does have a positive effect on your chances of success.
How long does processing take?
Usually at least four weeks after a personal appearance at the immigration office.
What legal basis applies?
The Entrepreneur Visa is based on Section 21 Paragraph 1 of the Residence Act (AufenthG).
Does the Entrepreneur Visa also apply to freelancers?
No, freelancers are subject to separate regulations that require different proof (freelancer visa).
6. Conclusion Entrepreneur Visa
The Entrepreneur Visa in Germany offers an attractive opportunity for foreign entrepreneurs to establish or take over a business in Germany. It creates the legal framework for self-employment and contributes to promoting innovation and economic growth. A viable business model, secured financing, and complete documentation are essential for a successful application. With proper preparation and a clear strategy, entrepreneurs can successfully realize their projects and establish a long-term foothold in Germany. Those needing support can rely on experienced consultants and lawyers who will guide them through the entire process and significantly increase their chances of success.
You might also be interested in
Further Information
List of Sources (Paywall)
[1] NK-AuslR/Hocks, 3rd edition 2023, Residence Act § 21
[2] For the definition of “regional need” according to Section 21 of the Residence Act, see VG Berlin judgment of 11 September 2020 – VG 31 K 462.19 V, BeckRS 2020, 26525 para. 21
[3] Visa Handbook, Self-employment, as of June 2024
[5] Section 21 of the Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act – AufenthG) of 25 February 2008 (Federal Law Gazette I p. 162), last amended by Article 3 of the Act of 25 October 2024 (Federal Law Gazette 2024 I No. 332)
[1] NK-AuslR/Hocks, 3rd edition 2023, Residence Act § 21