Residence Permit

I. Self-employed workers from the USA, Canada, Australia, New Zealand, Japan, Korea and Israel applying for a limited residence permit (Aufenthaltserlaubnis)

  1. Self-employed workers from the USA, Canada, Australia, New Zealand, Japan, Korea and Israel applying for a limited residence permit (Aufenthaltserlaubnis)
  2. No requirement of any work permitting procedure
    Conditions:
    • prevailing economic interest or specific regional need for this business,
    • expectation of a positive impact to economy, and
    • secured finance of the business by own capital or loan.
  1. Registration with the municipal authorities (Meldebehörde, Einwohnermeldeamt) where the applicant is going to live
  2. Registration with authorities under the law of trade and business or specific professions (Gewerbeamt, berufsständische Kammern) where the business is going to be done
  3. Registration with the tax authorities (Finanzamt) VAT responsibility: tax authority where the business is going to be done Personal income tax: tax authority where the tax payer is living

The immigration office will issue the residence permit under its discretion. After three years there is the possibility of obtaining an unlimited residence permit (Niederlassungserlaubnis; see sub III.).

    Further Conditions:
    • business successfully realized, and
    • secured living.

II. Self-employed worker from other countries except EU applying for limited residence permit (Aufenthaltserlaubnis)

  1. Application for residence permit (purpose: work in Germany)
  2. Application for residence permission at the German embassy in the home country
  3. The application form will be sent to the immigration office in Germany (Ausländerbehörde) where the applicant will work.
    Conditions:
    • prevailing economic interest or specific regional need for this business
    • expectation of a positive impact to economy, and
    • secured finance of the business by own capital or loan.
  1. No requirement of any work permitting procedure
  2. Registration with the municipal authorities (Meldebehörde, Einwohnermeldeamt) where the applicant is going to live
  3. Registration with authorities under the law of trade and business or specific professions (Gewerbeamt, berufsständische Kammern) where the business is going to be done

III. Self-employed foreign worker after three years of successful business in Germany applying for unlimited residence permit (Niederlassungserlaubnis)

  1. Application for unlimited residence permit (purpose: work in Germany furthermore) with immigration office in Germany (Ausländerbehörde) where the business is located
  2. Conditions:

    • relevant business done in Germany for three years,
    • business successfully realized, and
    • secured living.
  3. No requirement of any work permitting procedure.

The immigration office will issue the residence permit under its discretion.

IV. Employee transferred to Germany from USA, CDN, AUS, NZ, J, K, IL applying for limited residence permit (Aufenthaltsgenehmigung)

  1. Application for residence permit (purpose: work in Germany) with the immigration office in Germany (Ausländerbehörde) where the applicant will work
  2. Criteria:

    • requirements of German commerce
    • need for efficient fight against unemployment in Germany
    • labour market in Germany
    Needed Documents:
    • employer statement bearing that the employee is transferred to Germany
    • employer statement bearing that the employee is a member of the health insurance
    • working contract with German employer (working conditions)
    • names and date of birth

  3. Work permitting procedure is required: acceptance by the labour authority (Agentur für Arbeit) located where the applicant is doing his job
  4. Acceptance (under the discretion of the labour authority) when:

    • no disadvantageous impact to the German labour market (in regard of employment structure, regions and branches),
    • German employees or comparable EU employees not available for the relevant job, and
    • employment of the applicant is favourable as for a comparable German employee.
  5. No requirement of registration with tax authorities (employer is in charge.)

V. Employee transferred to Germany from other countries except EU applying for limited residence permit (Aufenthaltserlaubnis)

  1. application for residence permit (purpose: work in Germany)
    • application for residence permission at the German embassy in the home country
    • The application form will be sent to the immigration office in Germany (Ausländerbehörde) where the applicant will work.
    Criteria:
    • requirements of German commerce
    • need for efficient fight against unemployment in Germany
    • labour market in Germany
    Needed Documents:
    • employer statement bearing that the employee is transferred to Germany
    • employer statement bearing that the employee is a member of the health insurance
    • working contract with German employer (working conditions)
    • names and date of birth

  2. Work permitting procedure is required: acceptance by the labour authority (Agentur für Arbeit) located where the applicant is doing his job
  3. Acceptance (under the discretion of the labour authority) when:

    • no disadvantageous impact to the German labour market (in regard of employment structure, regions and branches),
    • employer statement bearing that the employee is a member of the health insurance
    • German employees or comparable EU employees not available for the relevant job, and
    • employment of the applicant as favourable as for a comparable German employee.
  4. No requirement of registration with tax authorities (employer is in charge.)

The immigration office will issue the residence permit under its discretion.

VI. Employer applying for unlimited residence permit (Niederlassungserlaubnis) after five years of limited residence permit

  1. Application for unlimited residence permit (purpose: work in Germany furthermore) with immigration office in Germany (Ausländerbehörde) where the applicant works
  2. Conditions:

    • five years of limited residence permit in Germany,
    • secured living,
    • payment of retirement pension for at least 60 months,
    • no sentence by a criminal court within the last three years,
    • employment of the applicant is allowed,
    • possession of any other relevant permissions for doing the business,
    • sufficient German language skills,
    • basic knowledge about the legal and social structure in Germany, and
    • sufficient living-space.
  3. Work permitting procedure is not required when the requirement of allowance of employment (see above sub 1) is met.
  4. No requirement of registration with tax authorities (Employer is in charge.)

VII. High professional from USA, CDN, AUS, NZ, J, K, IL transferred to Germany (Green Card cases) applying for unlimited residence permit (Niederlassungserlaubnis)

  1. Application for unlimited residence permit (purpose: work in Germany as high professional) with the immigration office in Germany (Ausländerbehörde) where the applicant works
  2. Conditions:

    • Highly qualified employee, in particular:
      • scientists with specific professional skills
      • lecturers in a high position
      • scientific employees in a high position
      • specialists and senior managers with specific work experience, earning at least € 7,050.00 per month
    • acceptance by the labour authority (Agentur für Arbeit) (see sub 2)),
    • guaranteed integration into the living conditions in Germany, and
    • secured living without governmental support.
    Needed Documents:
    • employer statement bearing that the employee is transferred to Germany
    • employer statement bearing that the employee is a member of the health insurance
    • working contract with German employer (working conditions)
    • names and date of birth

  3. Work permitting procedure is required: acceptance by the labour authority (Agentur für Arbeit) located where the applicant is doing his job.
  4. Acceptance (under the discretion of the labour authority) when the employment of the applicant will not lead to a disadvantageous impact to the German labour market.

  5. No requirement of registration with tax authorities (employer is in charge.)
  6. The immigration office will then issue the unlimited residence permit under its discretion.

VIII. High professional from other countries except EU transferred to Germany (Green Card cases) applying for unlimited residence permit (Niederlassungserlaubnis)

  1. Application for unlimited residence permit (purpose: work in Germany as high professional)
    • Application for residence permission at the German embassy in the home country
    • The application form will be sent to the immigration office in Germany (Ausländerbehörde) where the applicant will work.
    Conditions:
    • Highly qualified employee, in particular:
      • scientists with specific professional skills
      • scientists with specific professional skills
      • scientific employees in a high position
      • specialists and senior managers with specific work experience, earning at least € 7,050.00 per month
    • acceptance by the labour authority (Agentur für Arbeit) (see sub 2)),
    • guaranteed integration into the living conditions in Germany, and
    • secured living without governmental support
    Needed Documents:
    • Employer statement bearing that the employee is transferred to Germany
    • Employer statement bearing the employee is a member of the health insurance
    • Working contract with German employer (working conditions)
    • Names and date of birth

  2. Work permitting procedure is required: acceptance by the labour authority (Agentur für Arbeit) located where the applicant is doing his job.
  3. Acceptance (under the discretion of the labour authority) when the employment of the applicant will not lead to a disadvantageous impact to the German labour market

  4. No requirement of registration with tax authorities (Employer is in charge.)
  5. The immigration office will then issue the unlimited residence permit under its discretion.

Katerina Koleva

Katerina Koleva

Attorney-at-Law
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Copyright Counselhouse 2017
*Copyright Counselhouse 2017. Counselhouse is a legal service provider. All legal advisory services offered on this website are provided by René Udwari & her team. René Udwari is a registered business lawyer in Germany.