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Visa Start Up
How to apply for a Start-Up Visa in Germany (residence permit for founders, Section 21 Paragraph 2a, b Residence Act).
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1. Start-up Visa in Germany
2. Requirements Section 21 Paragraph 2a, 2b
3. Start Up Visa Language
4. Apply for a Start Up Visa
5. FAQ
6. Conclusion
1. Start-up visa in Germany
The Start-Up Visa is a special residence permit for founders who want to establish an innovative company in Germany. It is based on Section 21 Paragraphs 2a and 2b of the Residence Act and facilitates access to the German market for international professionals , university graduates, and researchers. The goal is to strengthen the German startup landscape and give talented individuals with innovative ideas the opportunity to gain a long-term foothold in Germany.
In contrast to the general residence permit for self-employed persons under Section 21 (1), the Start-Up Visa presents fewer hurdles , as certain examinations are omitted. With the 2024 amendments, the legislature deliberately signaled a greater immigration-friendliness. Those who meet the requirements should generally receive the visa. The Start-Up Visa is therefore primarily aimed at entrepreneurs with potential who want to transfer their knowledge from studies, research, or scholarships into successful business models.
2. Requirements Section 21 Paragraph 2a, 2b
The requirements for a start-up visa depend on the applicant's group. According to Section 21, Paragraph 2a, graduates of a state or recognized university in Germany, as well as individuals from research and science, are eligible to apply for the visa. It is important that the planned start-up has a recognizable connection to the student's studies or previous activity. However, even a relevant connection between the knowledge acquired during the course of study and self-employment may be sufficient to meet the requirements.
Section 21, Paragraph 2b is aimed at skilled workers who have received a start-up grant, such as the EXIST grant . For this group, the additional assessment of the viability of the business idea is not required, as this has already been comprehensively evaluated in the grant application process. The duration of the residence permit is based on the grant awarded. Furthermore, the newly created Global Certification and Advisory Center (GCCC) is intended to act as an interface between authorities, universities, and international start-up teams, simplifying the process.
3. Start Up Visa Language
One advantage of the Start-Up Visa is that there are no strict language requirements . Unlike other residence permits, the focus is on the business idea, not the language level. Nevertheless, it is recommended to have basic German language skills in order to be able to function in everyday life and in the business environment. This makes the process much easier when communicating with authorities, banks, or business partners.
Many startup teams are internationally positioned and operate in English. This is also taken into account by the authorities. However, for successful integration into the German market, proficiency in German can be a decisive competitive advantage in the long term. Therefore, no formal proof of language proficiency is required, but language skills are very helpful in practice. This is especially true if you plan to apply for a permanent residence permit or naturalization after obtaining a startup visa.
4. Apply for a Start Up Visa
The application for a start-up visa is usually submitted to the relevant immigration authority in Germany or to the German diplomatic mission abroad. Required documents include a valid passport, details of your business idea ( business plan ), proof of your degree or research qualification or scholarship, and a financial plan . The documents required vary depending on your individual situation, so early consultation is recommended.
The procedure is designed to simplify the assessment of the prerequisites for starting a business. Graduates and researchers benefit from the "indicated discretion " rule, while skilled workers with scholarships benefit from simplified discretion. After a successful application, a residence permit is generally granted for the duration of the planned start-up or scholarship. Those who successfully establish a business during this time can extend their permit or apply for a settlement permit later.
5. FAQ Start Up Visa Germany
Who can apply for a Start Up Visa?
Graduates of German universities, people in research and science, and skilled workers with a start-up scholarship can apply for a start-up visa in Germany (Section 21 (2a) and (2b) of the Residence Act).
Do I have to speak German to get the visa?
Proof of language proficiency is not required, but knowledge of German is recommended for everyday use and for company management.
How long is the Start Up Visa valid?
The validity usually depends on the duration of the scholarship or the planned start-up phase.
What advantages does the Start Up Visa offer compared to Section 21 Paragraph 1?
There's no need for an expert review, and the hurdles for granting the permit are deliberately lower. In particular, there are lower requirements regarding livelihood and financing if you, as a foreigner, are founding a startup in Germany after completing a degree or receiving a scholarship.
6. Conclusion Start Up Visa Germany
The Start-Up Visa, pursuant to Section 21 Paragraphs 2a and 2b of the Residence Act, opens up new opportunities for founders in Germany. It is specifically tailored to university graduates, researchers, and skilled workers with scholarships and offers clear advantages over traditional self-employed visas. The simplified regulations since 2024, in particular, make the residence permit an attractive tool for international talent. Anyone who wants to realize their innovative ideas in Germany will find a legally secure and practical foundation in the Start-Up Visa. Thorough preparation of documents, clear business concepts, and, if necessary, language skills are crucial for success. This makes the Start-Up Visa an important building block for the international competitiveness of Germany as a startup location.
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List of Sources (Paywall)
[1] NK-AuslR/Hocks, 3rd edition 2023, Residence Act § 21